Tag Archives: uscis

Questions and Answers Regarding TPS (Temporary Protected Status)

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Will I be able to obtain a work permit from USCIS?

If your TPS application is approved, you may receive your Employment Authorization Document (EAD) if you requested your EAD at the same time as your TPS application.  For an EAD, you must submit the appropriate application and USCIS.  Applicants who already have or do not wish to receive employment authorization still must submit a completed USCIS form, but without the required fee.

May I travel outside the United States?

If you are granted TPS, you must remain continuously physically present in the United States. The grant of TPS status does not mean that you have permission to travel abroad.  In some cases, limited permission to travel may be granted by the district director in accordance with the advance parole regulations.

Failure to obtain advance parole prior to traveling abroad may result in the withdrawal of your TPS.  This may subsequently put you at risk of removal or deportation.

How can I check the status of my application?

You can contact the USCIS office that received your application to ask about your case status.  Be prepared to provide the USCIS staff with specific information about your application.

If my application is rejected by USCIS, may I appeal?

If your application for TPS is denied, you may have the option to appeal.  You will receive instructions telling you whether or not you are allowed to appeal the decision.  These instructions will be included in the notice of denial.

Check the Numbers on Naturalization!

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Did you know that in 2012, USCIS naturalized 757,434 LPRs in 2012?  According to 2012 DHS data, of the 40.8 million people who comprise the foreign-born U.S. population, 18.7 million immigrants are currently naturalized U.S. citizens.  This sounds like a lot, but accounts for only 6 percent of the total U.S. population!

So where did our newly naturalized citizens come from, you ask?  Immigrants from the following countries accounted for approximately 49 percent of all naturalizations that year:

  • 13 percent were born in Mexico (102,181)
  • 6 percent each in the Philippines (44,958) and India (42,928)
  • Dominican Republic (33,351)
  • China (31,868), Cuba (31,244)
  • Colombia (23,972)
  • Vietnam (23,490)
  • Haiti (19,114)
  • El Salvador (16,685)

USCIS estimates indicate that 13.3 million LPRs were residing in the United States as of January 1, 2012. This means that 8.8 million or more people may be eligible to naturalize currently!  Are you among them?

To become a naturalized U.S. citizen, LPRs must meet a number of criteria, including being at least 18 years of age, having resided in the United States with LPR status continuously for at least five years, and passing a basic English and civics exam.  For any questions about naturalizing, please feel free to contact Your Immigration Angel!

The United States has Historically Provided a Safe Haven for Many Immigrants:  How Many May Seek Refugee Status in 2015?

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In a memorandum on Immigration, President Obama said up to 70,000 refugees may be admitted to the U.S. during the 2015 fiscal year.  The President stated that this number was well justified due to humanitarian concerns and national interest.

The number of people eligible to receive refugee status is split into an uneven quota by region.  The slots available to people from various regions is as follows:

  • the Near East and South Asia region received the highest allocation with 33,000.
  • Africa received 17,000
  • the East Asia region was allocated 13,000
  • the Latin American and the Caribbean region was assigned a total of 4,000 available slots
  • Europe and Central Asia was allotted 1,000
  • the “Unallocated Reserve” has 2,000 slots, to be allocated as needed

The State Department can allocate the 2,000 unallocated refugee numbers to another region if the need is warranted but only after notification to the Judiciary Committees of the Congress.

 

Top 5 Reasons a Marriage Based Green Card Application is Denied by USCIS

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Obtaining a marriage based green card may be a dream come true for many couples.  However, this sweet dream can instead become a nightmare if you or your spouse’s green card application is denied.   Although romantic and comedic movies have been made about how fun and easy it is to obtain a marriage based green card, that is often far from the truth.  In reality, immigration law is a complex field, and the United States Citizenship and Immigration Services must adhere to strict rules and regulations.  There are many reasons a marriage based green card application may be rejected, but the following are some of the most common causes of denial.

  1. Incorrect Green Card  Application, Wrong Fee, Incorrect Mailing Address for USCIS
  2. USCIS Considers Your Marriage a “Sham” or Fraudulent Marriage
  3. Lack of Financial Security to Become a U.S. Citizen
  4. Misunderstanding Your U.S. Green Card Eligibility
  5. USCIS Determines Ineligibility Based on Crimes, Previous Marriages

If you have any questions or concerns about whether your marriage green card application or if your marriage will be questioned by immigration officials when you apply for a U.S. green card, feel free to contact us today!

Interested in Obtaining a Marriage Based Green Card?  Would YOUR Relationship Pass the Test?  

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It’s almost Valentine’s Day!  What could be more romantic than ensuring that you and your spouse can live together in the United States, happily ever after?  Marriage green cards are a great immigration option for many immigrants who have married U.S. citizens or lawful permanent residents.  But along with a number of other eligibility requirements (see our post on eligibility) your relationship must be able to withstand the scrutiny of USCIS!

USCIS needs to be assured that you are in a bona fide marriage.  When two people get married and intend to establish a life together as spouses, the marriage is bona fide.   A marriage entered into for the sole purpose of getting a green card is not bona fide.  It’s called a “sham” or “fraudulent” marriage, and the USCIS tries to uncover these fake marriages and will refuse to issue green cards to people in a marriage that does not appear to be bona fide.  USCIS is very strict in determining whether a marriage is bona fide.  You will be asked many questions during the course of your application process and you will have to provide extensive documentation to show that you are establishing a life together.   How can you prove that your relationship is bona fide?   Continue reading →

How to Apply for Temporary Protected Status (TPS)

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How do I apply for TPS from USCIS?

If you are applying for Temporary Protected Status  (TPS) for the first time, you must  submit an Application for Temporary Protected Status to USCIS with the appropriate filing fee.  You will have to provide evidence to prove your identity and nationality, proof of residence, and, if you are age 14 or older, a fee for biometric services.  If you are between the ages of 14 and 65 and want employment authorization, you should also complete and submit an Application for Employment Authorization to USCIS with the appropriate fee.  Applicants who already have or do not wish to receive employment authorization still must submit a different USCIS Form.

If you are granted TPS, you must re-register with the USCIS for each period that your TPS benefits are extended. To re-register, you must complete and submit two separate applications and any applicable fees to USCIS during the period stated in the Federal Register notice of extension of the TPS designation. If you do not re-register each period, your TPS may be withdrawn.  This is a very time sensitive application and you want to make sure that you are submitting the correct paperwork and fees to USCIS.  If you need any help in applying to re-register for TPS, please feel free to call or email today!

Are You Interested in Finding Out More About the Status of Your Immigration Application?

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Learning About the Status of Your  Immigration Application

Your immigration journey is one that may have been long in the planning and the making.  If you have any applications submitted to USCIS, you may be anvious to know of any change in status or progress in your case.  Did you know that checking the status of your application is often quite simple?   In many instances, you can log onto USCIS’s website and select ‘My Case Status’.

It is important to note that an e-filled receipt number is not necessarily available through this option for at least 72 hours after submitting your forms.

In case you are unable to get a status update, you can also contact the USCIS National Customer Service Center. Before you contact the department, make certain that you have your specific information from your application handy so you are ready to provide this information.

Do You Qualify for a Green Card Under the Violence Against Women Act?

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domestic-violence

The Violence Against Women Act (VAWA)  Offers Relief to Abused Immigrants!

Immigration relief under Violence Against Women Act (VAWA) is available to a battered spouse or a child of a United States Citizen or Lawful Permanent Resident.  Victims of abuse are eligible under the VAWA to apply for a Green Card.

The following are the requirements to be eligible for VAWA:

  • You are now the spouse or child of an abusive U.S. citizen or Lawful Permanent Resident
  • You are now residing in the United States or have resided in the United States with the U.S. citizen or Lawful Permanent Resident abuser in the past
  • Have been battered by or have been the subject of extreme cruelty perpetrated by:
    • Your U.S. citizen or Lawful Permanent Resident spouse during the marriage, or are the parent of a child who has been battered by or has been the subject of extreme cruelty perpetrated by your abusive citizen or Lawful Permanent Resident spouse during your marriage;
    • Your citizen or Lawful Permanent Resident parent while residing with that parent;
  • You are a person of good moral character
  • You are a person whose removal or deportation would result in extreme hardship to yourself, or to your child if you are a spouse
  • You are a spouse, and entered into the marriage to the U.S. citizen or Lawful Permanent Resident abuser in good faith.

It is important to note that the VAWA protection is not exclusively reserved for women or individuals in heterosexual relationships.

We offer friendly and supportive assistance to individuals in this difficult situation.  If you need help, don’t be afraid to call us today!

Are YOU Eligible to Renew Your Deferred Action for Childhood Arrivals (DACA) Grant?

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Deferred Action for Childhood Arrivals (DACA) Renewal Eligibility

USCIS instructions for DACA renewal applications specify that a person may be considered for DACA renewal if he or she met the guidelines for consideration of initial DACA and

  • did not depart the U.S. on or after August 15, 2012, without advance parole;
  • has continuously resided in the United States since submitting the prior DACA application, and
  • has not been convicted of a felony, a significant misdemeanor or three or more misdemeanors,  and is not a threat to national security or public safety.

However, USCIS may ask you for additional information as well as for documents to verify the information on your DACA renewal application.

Please note that eligibility for DACA renewal is not limited to people who currently are under age 31.  You cannot “age out” of eligibility for DACA if you were born after June 15, 1981.   You do not need to have a job in order to be eligible for DACA renewal.  You do not have to be enrolled in college to be eligible for DACA renewal.

If you need help in applying for your DACA renewal or need help in gathering your evidence and documents, please call Your Immigration Angel today!