Friday, May 29, 2020

IMMIGRATION COURT POSTPONES ALL NON-CUSTODY HEARINGS UNTIL JUNE 26, 2020.





IMMIGRATION COURT POSTPONES ALL NON-CUSTODY HEARINGS UNTIL JUNE 26, 2020.  

it was just announced that Hearings in non-detained cases at other immigration courts are postponed through, and including, Friday, June 26, 2020.

Individuals with hearing dates before that date will receive notice of rescheduling of their hearings.

Thursday, May 21, 2020

RENEW YOUR DACA NOW




RENEW YOUR DACA NOW

By Liliana Gallelli, Esq.

I urge you to renew DACA while it is still possible.

United States Citizenship and Immigration Services (USCIS) is still accepting DACA renewal applications. BUT we are bracing for the US Supreme Court Decision which will be rendered no later than June 2020. US Supreme Court Decisions are published every Monday.

As a result of the Trump Administration’s decision to terminate DACA, there were various cases filed against the termination of DACA, including Regents of the University of California, et al. v. Dept. of Homeland Security (DHS), Batalla Vidal v. Nielsen, and NAACP v. Trump.

The Supreme Court heard oral arguments in November 12, 2019 and will soon issue its decision, possibly as early as next week.

There are several potential outcomes of the Supreme Court’s review of these DACA cases:

• “The Supreme Court concludes that courts may not review the Trump administration’s decision to terminate DACA.” The Trump administration could then proceed to terminate DACA, and decide what to do with DACA applications. However, a future administration could reinstate DACA without challenge from any courts based on this preceding case.

• “The court concludes that it may review the administration’s decision to terminate DACA and rules that the termination is unlawful. This would be a win for DACA recipients.” DACA would revert back to its pre-September 2017 state. However, there is no certainty as to how the Trump administration would react to this decision. There could be other attempts to end DACA based on different legal reasoning.

• “The Court concludes that it may review the decision, and it decides that the Trump administration’s termination of DACA is lawful.” Thus, the Trump administration will determine how DACA is dealt with, particularly with renewal applications, work permit expirations, etc.

Sunday, May 17, 2020

ONE IMMIGRANT AMONG MANY SERVING OUR SICK IN THE AGE OF COVID-19



ONE IMMIGRANT AMONG MANY SERVING OUR SICK
IN THE AGE OF COVID-19

By Christopher Kerosky

Immigrants are among the many now fighting on the front lines of the corona virus epidemic: in hospital emergency rooms and ICUs, nursing homes and acute-care facilities, and emergency medical teams across the country. More than 3 million immigrants work in the U.S. health care system, accounting for about 1 in 4 workers in that field, according to research by Harvard Medical School.  Approximately 29% of all doctors are foreign-born and 23% of all nurses and nurse’s assistants, according to the American Medical Association.

One of these immigrants is Leonor Carreno—a certified nurse’s assistant (CNA) in Sonoma County.  Leonor has had a particularly difficult immigrant path – including being jailed and almost deported -- simply for getting a CNA license without having a green card.  After years of fighting deportation, she gained her legal status.  And now like many other immigrants across our country, Leonor is caring for elderly and sick Americans-- those most at risk from the deadly corona virus.

Here’s her story.

Leonor’s immigrant journey

Leonor is a native of Oaxaca, a beautiful but impoverished part of southern Mexico with a large indigenous population.  She made the long perilous journey to the United States with her three-year-old son in 1998. They crossed the border near Calexico without papers, at a time when our borders were easier to pass through.  The two joined her husband in Petaluma, where she still lives today.

Leonor went to work on a farm at first, working long hours at low wages to help her family survive.  At nights she learned English and studied for the CNA exam, which she took and passed in 2002.  Leonor began to work at a post-acute care facility and worked a second job on nights and weekends as a caregiver in private homes. 

A second son was born two years later.  Her life was demanding, with two children and two jobs, but the future looked bright.

Arrest and Deportation Court.

Then, in 2011, her happy life fell apart suddenly and unexpectedly.  A disgruntled employee reported her and six other undocumented nurses working at the facility.  All seven women were arrested and held without bail.  Leonor was incarcerated for 21 days.  When she was finally released by law enforcement authorities, ICE agents took her into custody and began deportation proceedings. 

Leonor’s only crime: obtaining a certified nursing assistant’s license as an undocumented immigrant.

The deportation case against her lasted 8 years, languishing in the immigration court in San Francisco while she and her family awaited her fate. Finally, last year, an immigration judge approved her application for cancellation of deportation, finding that she had “good moral character” and that her U.S.-born son would suffer exceptional hardship if she would be deported to Mexico.

Faith, Family and Work.

Like so many immigrants, Leonor’s life has been centered on her family, her faith and her work.  Throughout her ordeal, Leonor’s faith in God has sustained her.  She is very active in her church, the Iglesia Pentecostal Unida, a Spanish-language Christian church in Petaluma.  Leonor assists the pastor with services and volunteers her time to the religious community. “I feel so blessed by God for granting me the right to stay in this country.”

Her family is another pillar of her life.  Leonor is very close to her two sons, David, 24, and Ovid Josue, 18. Both sons appreciate the sacrifices their mother has made to provide them a life in this country.  David and Ovid have both followed in their mother’s footsteps, pursuing their own careers in the medical field.

Leonor continues to work two jobs, caring for sick and the elderly.  When she regained her right-to-work, Leonor went back to work full-time at her post-acute care facility.  And she still works a second job as a private care-giver. 

Immigrants on the front lines.

Her story is not completely unique.  Our nation’s hospitals and other health care facilities have long relied on immigrants to fill the role of doctors, nurses, EMT workers, and medical technicians.  Now they are serving their adopted country when it is a particularly dangerous time to be caring for our sick.  As of April 2nd, the CDC has reported that 9,282 health care workers have contracted COVID-19, 723 have been hospitalized and 27 have died.  Surely those numbers will continue to climb. Still they serve.

“It has always been such a special blessing for me to work caring for the sick and elderly,” says Leonor.  “and now I feel particularly fortunate to be able to contribute to this country in this difficult moment for all of us.” 

In fact, Leonor, the good fortune is ours.

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CHRISTOPHER A. KEROSKY of the law firm of KEROSKY PURVES & BOGUE has practiced law more than 25 years and has been recognized as one of the top immigration lawyers in Northern California for 10 years by“Super Lawyers” www.SuperLawyers.com .   He graduated from University of California, Berkeley Law School and was a former counsel for the U.S. Department of Justice in Washington D.C.  His firm has offices in San Francisco, Los Angeles and six other locations in California. 

WARNING: The foregoing is an article discussing legal issues. It is not intended to be a substitute for legal advice. We recommend that you get competent legal advice specific to your case.


Friday, April 24, 2020

CIS OFFICES CLOSED TIL JUNE 4th.



CIS OFFICES CLOSED TIL JUNE 4th. 

On March 18, U.S. Citizenship and Immigration Services temporarily suspended in-person services at its field offices, asylum offices, and application support centers (ASCs) to help slow the spread of coronavirus (COVID-19). USCIS is readying offices to reopen on or after June 4. Employees in these offices are continuing to perform mission-essential services that do not require face-to-face contact with the public while the offices are closed.

While offices are temporarily closed, USCIS will continue to provide limited emergency in-person services. Please call the USCIS Contact Center for assistance with emergency services.
USCIS field offices will send notices to applicants and petitioners with scheduled appointments and naturalization ceremonies impacted by the extended temporary closure. USCIS asylum offices will send interview cancellation notices and automatically reschedule asylum interviews. When the interview is rescheduled, asylum applicants will receive a new interview notice with the new time, date and location of the interview.

When USCIS again resumes operations for in-person services, USCIS will automatically reschedule ASC appointments due to the temporary office closure. Individuals will receive a new appointment letter in the mail.

Those who had InfoPass or other appointments must reschedule through the USCIS Contact Center once field offices are open to the public again. Please check to see if the respective office has been reopened before calling the Contact Center.

Please also visit uscis.gov/coronavirus for updates. For the latest information on the status of an office, visit https://www.uscis.gov/about-us/uscis-office-closings.

Thursday, April 23, 2020

DONALD TRUMP’S LIMITED IMMIGRATION “FREEZE”:




DONALD TRUMP’S LIMITED IMMIGRATION “FREEZE”: 

On April 20, 2020, Donald Trump tweeted that he will be signing an Executive Order to temporarily suspend immigration into the United States as a result of the 2019 novel coronavirus (COVID-19) pandemic.
President Trump signed the order on Wednesday, April 22, 2020.

Very limited effect of Order.
·       There will be NO complete halt on all immigration into the United States.
What it covers and what it doesn’t cover?

  • The freeze applies to only persons OUTSIDE the U.S.  So all petitions for persons in the U.S. are not covered by this.
  • Spousal immigrant visas are EXCLUDED from the order. That means all petitions for wives and husbands of U.S. citizens are not covered by this freeze either—even if outside the USA.
  • Children under 21 immigrant visas are EXCLUDED
  • The freeze doesn’t affect Legal Permanent Residents; they would still be eligible for citizenship
  • The freeze does NOT apply to U visas for victims of crimes
  • It doesn't affect asylum/refugees whose cases can go forward.
  • It the alien already has a visa issued, they should be able to enter the U.S., as well as their family members.
    • It only lasts 60 days although it can be renewed.
When does it take effect?

It takes effect tonight, April 23, 2020 at 8:59 pm PST.


Facts about Closures Announced Previously.
·       Routine visa services at all U.S. embassies and consular posts around the world have been suspended as of March 20, 2020. U.S. embassies and consulates continue to provide urgent and emergency visa services as resources allow. The Department of State (DOS) intends to continue to process visa applications for farm workers and medical professionals assisting with COVID-19.
·       U.S. Citizenship and Immigration Services (USCIS) has temporarily suspended in-person services through at least May 3, 2020, including in-person interviews and biometrics processing. USCIS staff will continue to perform duties that do not involve contact with the public and will provide emergency services for limited in-person situations.
·       The U.S. borders with Canada and Mexico are closed for non-essential travel until at least May 20, 2020.
·       With some exceptions, the entry of individuals who were present in China, Iran, the Schengen Area, the U.K., and Ireland, during the 14-day period before their attempted entry into the United States has also been suspended.
·       Despite these limitations, USCIS continues to accept and process applications and petitions, including applications requesting an extension or change of status.

For questions about these and other immigration issues, please contact us for a consultation, call: (707)433-2060 or (415) 777-4445.

Saturday, April 18, 2020

H2A VISA EXPANDED DURING COVID-19 CRISIS.




H2A VISA EXPANDED DURING COVID-19 CRISIS. 


The U.S. Department of Homeland Security has issued a rule to provide for expanded availability of non-immigrant visa agricultural worker known as the H-2A visa.

Under this temporary final rule, all H-2A petitioners with a valid temporary labor certification can start employing certain foreign workers who are currently in valid H-2A status in the United States immediately after USCIS receives the H-2A petition, but no earlier than the start date of employment listed on the petition.

Additionally, USCIS is temporarily amending its regulations to allow H-2A workers to stay beyond the three-year maximum allowable period of stay in the United States. These temporary changes will encourage and facilitate the lawful employment of foreign temporary and seasonal agriculture workers during the current COVID-19 national emergency.

The temporary final rule is effective immediately upon publication in the Federal Register. If the new petition is approved, the H-2A worker will be able to stay in the United States for a period of time not to exceed the validity period of the Temporary Labor Certification. DHS will issue a new temporary final rule in the Federal Register to amend the termination date in the event DHS determines that circumstances demonstrate a continued need for the temporary changes to the H-2A regulations.

The H-2A nonimmigrant classification applies to alien workers seeking to perform agricultural labor or services of a temporary or seasonal nature in the United States, usually lasting no longer than one year, for which able, willing and qualified U.S. workers are not available. In fiscal year 2019, USCIS processed 15,483 H-2A petitions.

Wednesday, April 1, 2020

COVID-19 UPDATE: ASYLUM OFFICE TO REMAIN CLOSED UNTIL MAY 4, 2020



COVID-19 UPDATE: ASYLUM OFFICE TO REMAIN CLOSED UNTIL MAY 4, 2020 

The San Francisco Asylum Office will remain closed until May 4th, unless there is a need to extend it longer. All asylum interviews scheduled during that period will be cancelled and applicants and their representatives should be receiving cancellation notices in a week or so.

During this ongoing public closure, the San Francisco Asylum Office will have staff responding to phone and email inquiries. Representatives with case-specific questions or concerns should feel free to inquire directly with the asylum office.

The new San Francisco Asylum Office phone lines are: (415) 865-3586 and (415) 865-3587. For phone inquiries, leave a voicemail with your name, client's A#, and callback phone number.


WHO CAN APPLY FOR DACA NOW, AND WHO CAN TRAVEL OUTSIDE THE U.S. AND HOW?

  WHO CAN APPLY FOR DACA NOW, AND WHO CAN TRAVEL OUTSIDE THE U.S. AND HOW? New DHS Policy On Initial DACA Applications, Advance Parole (Ri...