“Unlawful presence” occurs when a person is in the United States without an immigration status, whether that be after entering the country without documents or allowing a valid immigration status to expire and remaining in the United States. Under the Immigration and Nationality Act, there are few exceptions to accumulating unlawful presence.
While some people have received their receipts, it is not unusual to have to wait two-three months at minimum to get receipts. The American Immigration Lawyers Association (AILA) will continue to monitor this situation.
Temporary Protected Status (TPS) is a time-limited status given to eligible nationals of designated countries who are present in the United States when circumstances in their home country make it unsafe to return.
On March 8, 2021, the Department of Homeland Security approved Temporary Protected Status (TPS) for Venezuelans in the United States. TPS is a humanitarian benefit, which is approved for those who are nationals of a foreign country when conditions temporarily prevent the country’s nationals from returning safely, or where the country cannot adequately handle the return of its nationals.
When we discuss filing a petition for an immigration status with a potential client, one of the most frequent questions we hear is “What is the risk of filing this petition with USCIS?”
On January 20, 2021, President Biden issued several orders on immigration. Some orders take immediate effect while others may take more time to be implemented. If you think these policies affect you, contact a lawyer or legal service provider.
TPS was granted to foreign nationals from particular countries that the U.S. Government has determined certain conditions exist that are not safe for the foreign national to return.
On President Biden’s first day in office, he gave a clear signal to his commitment to immigration reform by introducing proposed immigration reform. While Flecha Law is excited for the prospect of immigration reform, it is important to note that no substantive reform to immigration law has occurred.
Immigration Petitions Filed Prior to or on April 30, 2001: How an Old Immigration Petition can Make it Easier to Apply for a Green Card
Did a family member or employer ever file an immigration petition or labor certificate on your behalf? If so, was it filed on or before April 30, 2001? This petition or labor certificate could help you file for a green card more easily.