The Wait is Over! 245(i) grandfathering petitions allow for adjustment of status

At long last the wait is over for many people who have a petition filed before the sunset date of the 245(i) April 30, 2001. The July 2022 Visa Bulletin allows the sons and daughters of lawful permanent residents and U.S. citizens to file their adjustment of status applications.

For those with priority dates prior to April 30, 2001, who are married or the petitioner is their brother or sister, you may also be able to file your adjustment of status applications.

What should you do now?

  1. Find the approval notice of the I-130 and check your priority date
  2. If your priority date is between January 15, 1998 and April 1, 2001 gather proof you were in the United States on December 21, 2000.
  3. Contact me to make an appointment to discuss your case and verify that you are eligible to file an adjustment of status application.

DACA is Back!

Thanks to a recent District Court Decision from the State of New York, USCIS has reinstated DACA in its entirety. This means USCIS must start accepting new initial DACA applications and Advance Parole (allowing DACA recipients to travel out of the United States and return) applications.

If you would like to learn more please call us to schedule an appointment.

President-elect Joe Biden- Brings new hope for immigrants in the United States

The past 1392 days of the Trump regime have seen over 400 changes to immigration rules and policies in the United States. This staggering figure does not include the numerous Board of Immigration Appeals decisions that have all but gutted U.S. asylum law.

When Joe Biden becomes our President in January 2021 many of these changes, such as the assault to DACA and the Muslim ban, can be withdrawn through executive order. However, other changes such as Federal Regulations have gone through a formal rule making process and will take a bit more time to undo. Jose Biden and Kamala Harris have signaled that immigration reform is among their priorities during their first 100 days. NPR reports as follows:

Biden has said that on his first day as president he will produce comprehensive immigration legislation that creates a pathway to citizenship for 11 million migrants living in the U.S. illegally.

It would also provide a pathway to citizenship for people commonly known as DREAMers, who are part of the Deferred Action for Childhood Arrivals program.
Biden has additionally pledged to make the DACA program permanent on his first day in office, a move that comes after years of Trump administration attempts to rescind the program.
Stop family separation at the U.S.-Mexico border
The president-elect has vowed to stop the practice of separating immigrant families trying to enter the U.S. from Mexico. On Day 1 as president, Biden has said he plans to pass an executive order establishing a task force focused on reuniting children and parents separated at the border.

Immigration: End Trump’s executive order banning travelers from some Muslim-majority countries
Biden says he will “immediately rescind” current restrictions that bar people in some Muslim-majority countries from traveling or immigrating to the United States. He supports legislation that would outlaw such restrictions and has vowed to sign off on it as president.
What Biden says he’ll do during his first 100 days

Immigration: Reverse a slew of Trump policies, including the construction of a U.S.-Mexican border wall
Within the first 100 days of his administration, Biden says he wants to reform the U.S. asylum system and the treatment of people at the border with Mexico, specifically calling for a stop to the Trump administration’s Migrant Protection Protocols as well as to the policy of “metering” asylum cases.
The president-elect also pledges to take away funding toward continued construction of a wall along the southern U.S. border. But Biden says he wouldn’t take down parts of the wall that have already been built.

The president-elect’s immigration plan also would increase government supervision over U.S. Immigration and Customs Enforcement as well as Customs and Border Protection, calling for the need to hold personnel “accountable for inhumane treatment.” This comes as a whistleblower complaint was filed in September concerning medical conditions at a Georgia immigrant detention center.

I look forward to practicing immigration law under the Biden administration and hope that we can return to a time of fairness, transparency and protecting the rights of immigrants.

COVID-19 Update November 12, 2020

We continue to work representing our clients during this unprecedented time. Our downtown office is closed to the public and we are working from home whenever possible.

Immigration court hearings in Portland, Oregon scheduled through November 27, 2020 have been postponed. The court will send out new hearing notices when it reopens. Tacoma detained cases are moving forward as scheduled, however parties and judges will appear by video conference or by telephone.

USCIS has reopened and is conducting biometric appointments, interviews and accepting applications.

U.S. consulates around the world remain closed for most visa services, although some emergency appointments are available

DACA is BACK! Hopefully……

On Friday August 3, 2018 a federal Judge in Washington D.C. ordered the Trump Administration to reinstate the DACA program in its entirety. This means accepting new applications and hopefully also restoring the availability of Advance Parole (a special type of travel permit).

So can we file initial DACA’s when we get back to work on August 6, 2018? Not so fast. The federal Judge allowed the Trump Administration 20 days to file an appeal. I suppose we will see what President Trump decides to do with DACA.

Stay tuned!

Trumps shameful policy of separating children from their parents at our border

Over the weekend news reports emerged that the Department of Homeland Security has lost track of almost 1,500 minor children who had been placed into homes by the Office of Refugee and Resettlement.  Most of those unaccounted for are unaccompanied children traveling to the United States from Central American countries without their parents. The Trump Administration is likely to add to the number of unaccompanied children as he separates more children from their parents as a means of deterring would be asylum seekers.

Members of US Congress are taking notice of the problem and have started an investigation.  Attorney General Jeff Session has been holding press conferences in Arizona touting the Trump Administration’s policy to separate children from their parents as a means to deter asylum seekers from coming to the United States looking for refuge. The administration intends to criminally prosecute the parents and place children in foster care.

Needless to say there are many who work in this field from child advocates to immigration attorneys who are alarmed at the inhumane practice of separating children from their parents as an immigration policy. Shame on President Trump and the immigration hardliners advising his administration.

End of DACA – RIP 09/05/2017

On September 5, 2017 President Trump made good on his campaign promise to end DACA. Attorney General Jeff Session made the announcement in a press conference, where he laid out his false reasons why the program is unconstitutional.

What you need to know:

  • As of 09/05/2017 no initial DACA applications will be accepted.
  • For those DACA recipients whose status expires before March 5, 2018 they must renew by October 5, 2017.
  • For all others their DACA status will expire on the date listed on their employment authorization cards.
  • All pending I-131 Advance Parole requests will be administratively closed, meaning no decision will be make on those applications. USCIS will refund filing fees.
  • For those with approved Advance Parole – they may use them to reenter the country.

 

2016 Christmas Party

Christmas Party 2016- Grand Central Bowling.

To celebrate the holiday season Rachel, Yesica, Nick, Mitzi and Evelin spent the afternoon bowling at Portland’s cool Grand Central Bowling.

fullsizerender

 

Trump Immigration Announcements 1/25/2017

Today Pres. Trump announced Executive Orders regarding immigration.  An executive order is an order or rule the President gives to administrative agencies directing them how to execute the laws that have already been established by Congress.  Today’s executive orders include;

  • building a wall between USA and Mexico
  • ending catch and release at the border
  • increasing the number of Customs and Border Patrol and Immigration and Customs Enforcement Officers
  • cutting of federal funding for sanctuary cities
  • removing immigrants who are in the country unlawfully who have committed crimes or pose a threat to national security.

There was no announcement with regard to DACA recipients. USCIS is continuing to process DACA applications until further notice.