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USCIS News – 06/13/2023

On June 13, 2023, Secretary of Homeland Security Alejandro N. Mayorkas announced his decision to rescind the 2017 and 2018 terminations of the Temporary Protected Status (TPS) designations of El Salvador, Honduras, Nepal and Nicaragua effective June 9, 2023, and extend the TPS designations of:

  • El Salvador for 18 months, from Sept. 10, 2023, through March 9, 2025 (60-day re-registration period from July 12, 2023, through Sept. 10, 2023);
  • Honduras for 18 months, from Jan. 6, 2024, through July 5, 2025 (60-day re-registration period from Nov. 6, 2023, through Jan. 5, 2024);
  • Nepal for 18 months, from Dec. 25, 2023, through June 24, 2025 (60-day re-registration period from Oct. 24, 2023, through Dec. 23, 2023); and
  • Nicaragua for 18 months, from Jan. 6, 2024, through July 5, 2025 (60-day re-registration period from Nov. 6, 2023, through Jan. 5, 2024).

Existing TPS beneficiaries who wish to extend their status must re-register during the 60-day re-registration period for their country’s designation. Please do not re-register for TPS until the re-registration period for your country begins. USCIS cannot adjudicate your application before the effective date of the extension. For additional information, please see the news release: DHS Rescinds Prior Administration’s Termination of Temporary Protected Status Designations for El Salvador, Honduras, Nepal, and Nicaragua.

Please contact our office so that we may assist in the re-registration process.

USCIS News – 10/12/2022

On Oct. 12, the Department of Homeland Security (DHS) announced a safe and lawful way for qualifying Venezuelans with supporters to travel by air to the United States, temporarily reside in the United States, and apply for work authorization. See More:

https://www.uscis.gov

USCIS News – 05/03/2022

USCIS Increases Automatic Extension Period of Work Permits for Certain Applicants

U.S. Citizenship and Immigration Services (USCIS) announced a Temporary Final Rule (TFR) that increases the automatic extension period for employment authorization and Employment Authorization Documents (EADs), available to certain EAD renewal applicants, to up to 540 days. See More:

USCIS TPS News – 09/10/2021

Beneficiaries under the TPS designations for El Salvador, Haiti, Honduras, and Nicaragua will retain their TPS status and the Employent Authorization Documents are automatically extended until 12-31-22 while Ramos lawsuit remains in effect. See More:

DHS Continues Temporary Protected Status Designations for El Salvador, Haiti, Honduras, Nepal, Nicaragua and Sudan

USCIS is publishing guidance in the USCIS Policy Manual on employment authorization and deferred action for principal petitioners for U nonimmigrant status and qualifying family members with pending, bona fide petitions. 

Basically the memo states that USCIS should start giving work permits soon after fingerprints are taken, about 3-5 months after the application is filed. This is great news as it is currently taking about five years for a U visa applicant to get a work permit under deferred action after their application is filed.

Another positive change regarding the U visa: 
We can now file I-918As for cases where the couple marries AFTER the I-918 principal application is filed. The USCIS adopted a decision issued by the Ninth Circuit and made it nationwide!

TPS News – Temporary Protected Status Designated Country: Venezuela – 03/09/2021

If you are applying for Temporary Protected Status (TPS) under Venezuela’s designation, effective March 9, 2021, you must register during the 180-day registration period that runs from March 9, 2021, through Sept. 5, 2021. We encourage you to register as soon as possible within the 180-day registration period.

TPS Designated Through: Sept. 9, 2022
Registration Period March 9, 2021 – Sept. 5, 2021
Continuous Residence in U.S. Since: March 8, 2021
Continuous Physical Presence in U.S. Since: March 9, 2021
TPS Designation Date: March 9, 2021

https://www.uscis.gov/humanitarian/temporary-protected-status/temporary-protected-status-designated-country-venezuela

TPS News – 12/09/2020

Continuation of Documentation for Beneficiaries of Temporary Protected Status Designations for El Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal. DHS is automatically extending the validity of TPS-related documentation for beneficiaries under the TPS designations for El Salvador, Haiti,
Nicaragua, Sudan, Honduras, and Nepal for nine months through October 4, 2021, from the current expiration date of January 4, 2021.

Update: Deferred Action for Childhood Arrivals – 12/09/2020

In compliance with an order of a United States District Court, effective December 7, 2020, U.S. Citizenship and Immigration Services (USCIS) is:

  • Accepting first-time requests for consideration of deferred action under Deferred Action for Childhood Arrivals (DACA) based on the terms of the DACA policy in effect prior to September 5, 2017, and in accordance with the Court’s December 4, 2020, order;
  • Accepting DACA renewal requests based on the terms of the DACA policy in effect prior to September 5, 2017, and in accordance with the Court’s December 4, 2020, order;
  • Accepting applications for advance parole documents based on the terms of the DACA policy prior to September 5, 2017, and in accordance with the Court’s December 4, 2020, order;
  • Extending one-year grants of deferred action under DACA to two years; and
  • Extending one-year employment authorization documents under DACA to two years.

USCIS will take appropriate steps to provide evidence of the one-year extensions of deferred action and employment authorization documents under DACA to individuals who were issued documentation on or after July 28, 2020, with a one-year validity period under the defunct policy.

DHS will comply with the order while it remains in effect, but DHS may seek relief from the order.

TPS News – 10/27/2020

We received wonderful news for those with TPS. The Eighth Circuit determined that a person who has TPS may adjust their status without having to leave the United States because they are considered to have entered with inspection and admitted. This means that a person does not have to have left under Advance Parole to adjust their status and get their green card! If you have TPS and have a US citizen spouse, parent, or child, make an appointment to discuss how this court ruling can help you.

Coronavirus/COVID-19

During this difficult time, we want to reach out to clients and followers regarding steps we are taking to ensure we are being careful during the Coronavirus (COVID-19) outbreak. We need to share practical steps we will be taking to help keep everyone safe. This applies if you currently have an appointment coming up in our office or if you plan to schedule an appointment in the future.

Based on information from the department of health, we must follow infection prevention and hygiene practices. These include:

• Handwashing thoroughly and or use of alcohol-based sanitizer of at least 60% alcohol

• Staying home if a person or his or her family members are sick

• Maintain regular housekeeping practices of cleaning and disinfecting surfaces and equipment

What Baquero Law Office plans to do:

• Provide consultations by telephone

• If there are documents or petitions that need to be signed, we would like to try and work my mail or email first and only schedule in person appointments for critical signings.

• Request visitors to the office and office staff wash and disinfect hands before and after in person consultations

• Not allow non-essential family and friends to accompany you during the appointment. We will ask your rides or family members to remain outside of the office during any appointments

• Offer or accept no handshakes

• Request electronic payments when possible only to reduce passing of cash

Here’s what you can do:

• Request a telephonic appointment rather than in person

• Request a telephonic appointment if you or anyone in your family has traveled within the last 15 days

• Request a telephonic appointment or that your appointment be rescheduled if you or anyone in your family is sick or has had a cough or fever in the last 15 days

As always safety comes first and it is our goal to help maintain good health.
Sincerely, Baquero Law Office

DHS Extends TPS Documentation for Six Countries – 11/04/2019

The Department of Homeland Security (DHS) today announced a Federal Register notice extending the validity of TPS-related documentation for beneficiaries under the Temporary Protected Status (TPS) designations for El Salvador, Haiti, Honduras, Nepal, Nicaragua and Sudan through Jan. 4, 2021.

The notice automatically extends the validity of Employment Authorization Documents; Forms I-797, Notice of Action; and Forms I-94, Arrival/Departure Record (collectively, TPS-related documentation). The validity dates for the affected countries are:

TPS Designation(s) Current Expiration Date New Expiration Date
El Salvador, Haiti, Nicaragua, and Sudan Jan. 2, 2020 Jan. 4, 2021
Honduras Jan. 5, 2020 Jan. 4, 2021
Nepal March 24, 2020 Jan. 4, 2021

For more information, see the notice and the TPS page on the USCIS website.

USCIS Important Announcement – 01/08/2018

Temporary Protected Status Designated Country: El Salvador 

ALERT: On Jan 8, 2018. Secretary of Homeland Security Kirstjen M. Nielsen announced her desicion to terminate the Temporary Protected Status(TPS) designations for El Salvador with a delayed effective date of 18 months to allow for an orderly transition before the designation terminates on Sept. 9, 2019. Do not pay for or submit any form until USCIS updates official re-registration information on this webpage. Read more: Secretary Kirstjen M. Nielsen Announcement On Temporary Protected Status For El Salvador.

USCIS Important Announcement – 07/29/2016

The service of citizenship and immigration in the United States (Uscis, for its acronym in English), announced an expansion of the process of current interim exemption, in order to allow certain people who are relatives of U.S. citizens and legal permanent residents (Lprs, For its acronym in English),
The benefit of the provisional waiver also extends to the spouses and children that accompany or come to join the main immigrants. In addition, individuals with final orders of deportation will also be eligible for the provisional exemptions, if they meet certain provision. See More

USCIS to Allow Additional Applicants for Provisional Waiver Process U.S. Citizenship and Immigration Services (USCIS) announced a final rule expanding the existing…

USCIS Announcement – 09/15/2015

We are happy to announce that the Department of State and U.S. Citizenship and Immigration Services (USCIS) together have made an announcement that certain individuals who are waiting for priority dates to become available and who are stuck in backlogs can actually start their application process before their priority dates have become current.  By allowing these individuals to file their applications before the priority date, they will be eligible for work authorizations.   Beginning October 1, 2015, the visa bulletin will contain two charts, one for those who have to process outside of the country (Visa Process) and those who can adjust their status in the United States.    USCIS has also provided a fact sheet explaining the new procedures.  The “Filing Date” for most of the family-based categories is less than one year and up to around two years earlier than the “Final Action Date,” Married children of U.S. Citizens from Mexico may be eligible to apply more than two years before the priority date listed on the approval notice.  The changes will show the following:Immigrant Visa (Consular Processing): Applicants with priority dates earlier than the date listed on the “Filing Date” chart for their preference category and country of chargeability will be notified by the National Visa Center that they may assemble and submit their documentation and begin the immigrant visa application process earlier than expected. A final decision on the immigrant visa application will not occur until the priority date is current, however, as shown on the Final Action Date chart.Adjustment of Status: Applicants who are in the United States and are eligible for adjustment of status (because they entered with a visa or have a petition pending prior to April 30, 2001) must use the “Final Action Date” chart to determine when they may submit their applications for adjustment of status, unless the Visa Bulletin indicates that they may instead use the “Filing Date” chart. The early “Filing Date” chart may only be used by adjustment applicants if it is determined that there are sufficient immigrant visas available to support the filing of additional adjustment applications beyond that which would be received under the “Final Action Date” chart.This is very exciting news as those individuals who are in the United States and are eligible for adjustment of status (because they entered with a visa or have a petition pending prior to April 30, 2001) can begin filing their applications will also be able to obtain employment authorizations as adjustment applicants. Applicants can use the “Final Action Date” chart each month to determine when they may submit their applications for adjustment of status.  This may change on a monthly basis depending on whether there are sufficient immigrant visas available.Please contact our office and schedule an appointment if you would like us to review your approval notice to see if you are eligible to start your applications for permanent residence.USCIS Link in English:

https://www.uscis.gov/news/uscis-announces-revised-procedures-determining-visa-availability-applicants-waiting-file-adjustment-statusUSCIS Link in Spanish:  https://www.uscis.gov/news-topics-es/visas

EOIR – Executive Office for Immigration Review Formally Announced Relocation – 06/02/2014

“The Bloomington immigration court, “Executive Office for Immigration Review or EOIR” formally announced on June 2nd that the Bloomington Immigration Court will close on 7/2/14 to prepare for relocation to their new building. Their new address is:

Bishop Henry Whipple Federal Building
1 Federal Drive, Suite 1850, Fort Snelling, Minn. 55111.
The phone number has not changed, 612-725-3765

The Bloomington Immigration Court will recommence hearings at its new location on 7/7/14.

Please note if you are driving, you will be required to show your driver’s license.  If you do not have one, we have been informed your car may be towed.  If you do not have a driver’s license, you should take public transportation (the train has a stop at the Bishop Henry Whipple Federal Building) or get a ride from someone who has a driver’s license.

Also note that all persons entering the Bishop Henry Whipple Federal Building must show a government-issued ID (MN Driver’s License, Passport from your country, Identification from your country, School ID)  If you do not have an ID, a guard will escort you to the courtroom.

USCIS Policy Memo: Parole of Spouses, Children and Parents of Active Duty Members of the U.S. Armed Forces [and more] USCIS, Nov. 15, 2013.

“Parole of Spouses, Children and Parents of Active Duty Members of the U.S. Armed Forces, the Selected Reserve of the Ready Reserve, and Former Members of the U.S. Armed Forces or Selected Reserve of the Ready Reserve and the Effect of Parole on Inadmissibility under Immigration and Nationality Act § 212(a)(6)(A)(i) This policy memorandum (PM) amends Chapter 21.1 of the Adjudicator’s Field Manual (AFM) to ensure consistent adjudication of parole requests made on behalf of aliens who are present without admission or parole and who are spouses, children and parents of those serving on active duty in the U.S. Armed Forces, in the Selected Reserve of the Ready Reserve or who previously served in the U.S. Armed Forces or Selected Reserve of the Ready Reserve. This PM also amends AFM Chapter 40.6 concerning the effects of parole on an alien’s inadmissibility under Immigration and Nationality Act (INA) § 212(a)(6)(A)(i). This amendment to AFM chapter 40.6 applies to any paroled alien, not only to the family members of Armed Forces personnel.”