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Renata Cruz

Remain in Mexico Policy Reinstated

Supreme Court decision on “Remain in Mexico” Policy

The “Remain in Mexico” policy, which orders people seeking asylum in the United States to wait in Mexico, is ordered by the supreme court to be reinstated.

The Higher Court refuses the ruling and sent an order to the Biden administration. This order is to reinstate the remain in Mexico policy for asylum seekers.

The Court bench has a total of three liberal justices, meaning they are the minority on the bench.

Restarting the program will affect quite a few people, but it is still uncertain who would be the ones affected. However, it is important to remember that the migrant protection protocol can be done based on the administration policy.

The Supreme Court

The three dissenting judges in Supreme Court includes Sonia Sotomayor, Elena Kagan, and Stephen Breyer. The judges collectively decide and express their individual views on the ruling for this decision.

While this case was progressing, a federal judge had also sent an order for reinstatement of the program. However, the program was put on hold besides the federal judge order in Texas.

Justice Samuel is also involved in the proceeding of this case and allowed a good amount of delay. Which allows for the court to read between the lines and to understand the appeal from the administration.

The administrative appeal was put on hold while the case was still progressing in the supreme court.

The order from the supreme court that was unsigned stated that the migration protection protocols are capricious and not arbitrary at all. Whereas the case, on the whole, has failed to show the likelihood for success.

However, the American Civil Liberty Union did ask the administration to offer the remain in Mexico policy to be presented with a greater rationale. This is so that it good withstand and prove to be successful based on the overall scrutiny of the court.

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What is the Future of the DACA Program

New Court Decision on DACA

President Joe Biden speaks out regarding a decision of a federal judge to end DACA. Biden has said that the United States Department of Justice holds the legal rights to appeal to the judicial system for revoking a program that has to protect the deportation of young immigrants during the Obama era program.

The Deferred Action for Childhood Arrivals (DACA) program was declared unlawful by Federal Texas Judge Andrew Hanen. This program protects immigrants called “Dreamers” who were brought to the United States illegally as minors from deportation.

The decision coming from the federal court prevents the government from accepting any further applications. In other words, it means halting the program. Until the court ruling, DACA has was able to approve enrollments exceeding 616,600 in numbers. As of now, the decision by Judge Hanen works as the catalytic agent for other eight states trying to out-rule DACA.

The president said that the federal court decision is extremely disappointing. While the ruling of the court does not impact present DACA beneficiaries, it relegates hundreds of thousands of young immigrants to an unpredictable future.

Biden further added that the Department of Justice expects to revoke this judgment to preserve and strengthen the program. In addition to this, the court also says that the Department of Homeland Security’s intentions to publish a plan soon concerning DACA.

Since it was founded in 2012, DACA doesn’t have the support of conservatives. Although, the Texas state request a preliminary injunction in 2018 to stop the program.

Biden urges DACA to become permanent and promises to make the program permanent during the election campaigns. In March, although the U.S. House’s green-light legislation for Dreamers to become citizens, the action in the Senate has been delayed.

What’s Next for DACA

The President shows the confidence that soon Congress will come up with legislation concerning all the young recipients. He has also mentions that Dreamers deserve permanent citizenship for their mental and economic stability. Furthermore, the President gives hope to all Dreamers that either reconciliation or legislation the new-coming administration will have a permanent solution for all those who live a long time in the fear of deportation.

Most immigration advocates are hoping Dreamers are given a permanent solution through a $3.5 trillion federal budget plan. This plan has the support of most Democrats on Capitol Hill and it can eventually achieve fundamental immigration reform.

Senate Majority Leader Chuck Schumer told the rest of the congressional Democrats that they must write legislation and set up the spending targets by Sept. 15, 2021.

Amongst other spending targets, immigration is one of them. This is a budget of $107 billion for the Judiciary Committee, which includes instructions on lawful permanent status for immigrants who qualify, which may include DACA recipients.

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Biden Administration To Unveil Relief For Deported Veterans

What Immigrant Veterans Need To Know

New Amnesty for Deporteed Veterans

According to the announcement that was made on July 2, 2021, the Biden administration will implement a completely new immigration process. This new reform will benefit people who served in the U.S. military. These immigrant veterans who were previously deported now have hope to come back to the country they served.

Following the announcement, the department of veteran affairs did confirm that they are committed to bringing ex-members of the military service. The department is also willing to bring the immediate family members of the deportees. Not only will military members be able to come back to the U.S., but they could also be able to become residents.

In addition, DHS immigration officials said they are going to use prosecutorial discretion and other legal authorities to facilitate the return of eligible veterans and immediate family members of U.S. service members.

Veterans and Their Family Members

According to the memo, the department of veterans affairs and immigration officials conclude that the process for the military members who were deported will change. According to lawmakers, they will make sure that the veterans will be given special benefits along with being able to come back. A statement reads: “Those military members who were deported unjustly will be given proper justice. They will be able to live in the United States along with their immediate families.”

Permanent Stay in the U.S.

Furthermore, the decision is a sigh of relief for most of the military members who have tirelessly been working in the United States military and want to stay in the United States. This decision is an ideal benefit for the military officers and will be offering consistent outcomes for the people.
The returning of the veterans is big news for most people and a sigh of relief for others because people did not want to follow the unjust system that was prevailing previously. Now with the help of immigration officials and Homeland security, the veterans can be given permanent stay in the U.S. Which also includes other benefits provided by the Homeland security department along with the immigration department.

Finally, this is major news that the Biden administration has now transformed the process for the veterans and has allowed them to return back to the United States with full grace and dignity.

Abogado Guerrero Can Help You

If you and your partner are part of the LGBTQ community feel free and comfortable reaching our legal experts. We have more than ten years of experience in dealing with various types of immigration cases. Our goal is to provide our clients with the results that they want. Therefore, we want our clients to be together with their foreign significant other. Contact us to have a free professional consultation:

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LGBTQ Rights – Marriages and Visas for Fiancés

Opportunities of Green Card & LGBTQ Immigrant Right

Over the past few years, the rights of LGBTQ immigrants in the USA have significantly changed. For this particular reason, several court cases and a progressive cultural environment have assisted in neutralizing same-sex marriages in the American immigration system. Many individuals who are transgender, bisexual, lesbian, and gay continue to be mistreated throughout much of the world and may suffer from the following:

  • Employment Discrimination.
  • Healthcare Discrimination.
  • Unsafe in Communities, Schools, or Correctional Facilities.
  • High Rates of Homelessness.

The U.S. government gives this community human rights as well as convenience in immigration rights too. There are three vital decisions of the Supreme Court in favor of LGBTQ immigrant’s rights.

U.S. V. Windsor
At this point, most states in the U.S. have made same-sex marriage legal. The Supreme Court has declared with the 5 to 4 votes that not allowing same-sex couples to marry was unconstitutional. Therefore, as per the 5th Amendment of the constitution, they will get equal protection for all Americans.

Obergefell v. Hodges
In a 5-4 vote, the court has decided that the right to marry is basic. The 14th Amendment protects liberties such as marriage rights. Now, same-sex marriage is legal in all states of the U.S. and territories.

Bostock v. Clayton County
As per this law, an employer cannot fire someone if he or she belongs to the LGBTQ community. In the 6-3 decision, it is declared that there will be no discrimination against the people of the LGBTQ community.

All of these court decisions have allowed immigrants who are members of the LGBTQ community to get married to American citizens. Since same-sex marriage is legal, it easy for LGBTQ couples to use the fiancé visa procedure. This visa is called a K-1 visa, which is a permit to enter the U.S. for 90 days. During that time frame, the couple must marry so that the foreign spouse may gain permanent residence in the country.

Abogado Guerrero Can Help You

If you and your partner are part of the LGBTQ community feel free and comfortable reaching our legal experts. We have more than ten years of experience in dealing with various types of immigration cases. Our goal is to provide our clients with the results that they want. Therefore, we want our clients to be together with their foreign significant other. Contact us to have a free professional consultation:

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The Supreme Court on Deportation Procedures in 2021

The new Supreme Court order shows that the government must send detailed notices to immigrants about their deportation orders.

A non-citizen immigrant living in the US can be deported for various reasons, generally an immigrant is deported when he violates the law.

There are several reasons why someone can be deported.

  • Excess Visa Stay
  • Conviction of a crime
  • Violation of US immigration laws
  • You have received public assistance
  • You have drug crime charges
  • You are charged with domestic violence crimes

After deportation, immigrants cannot apply for permanent residence in the United States. Which ultimately leads to the person not being able to see her family for more than a decade. Deportation proceedings are carried out to administer the deportation of an individual.

However, the United States Supreme Court is giving new hope to immigrants subject to deportation. The court now blames the government in a ruling for incorrectly informing a man about his deportation order. It was concluded that federal immigration law should require authorities to send a notice with details.

Judge Neil Gorsuch writes in the ruling: “In the case, the term of the law ensures that, when the federal government seeks a procedural advantage against an individual, it will at least provide a single reasonably complete statement of the nature of the process against him. ”.

Judge Neil Gorsuch is joined by Conservative Justices Clarence Thomas and Amy Coney Barrett and three other Liberal justices.

What does the decision mean for deportees

Immigrants must now be informed about how, under federal law, immigrants can cancel their deportation on the condition that they meet various criteria. Immigrants must also receive a “notice to appear” notice that includes various information, such as the time of the procedure, the nature of the procedure, and also when the procedure will take place.

About Niz-Chavez v. Garland, No. 19-863

Niz-Chavez v. Garland agrees to a 1996 federal law that allows deportable immigrants to request to remain in the country if they meet certain requirements. Under this law, the notice to appear for a deportation hearing lists several types of information, including the nature of the procedure and when and where it will take place.

The case reached the higher courts because of Agusto Niz-Chávez, an immigrant from Guatemala who entered the United States illegally in 2005. In 2013, Mr. Niz-Chávez received a notice to appear before an immigration judge with a date but not time. Two months later, in May, he received a notice of hearing in the deportation process. Later in June, Niz-Chávez appeared in immigration court, where he stated that he wanted to request withholding of deportation under the Immigration and Nationality Act (INA) and reparation under the Convention Against Torture.

After his request was denied multiple times, Niz-Chávez asked the Board of Immigration Appeals to appeal his case. But then the US Court of Appeals rejected Niz-Chávez’s request for a review, for the sixth time. But now, starting in 2021, the Supreme Court ruled that Mr. Niz-Chávez can request permission to stay in the country. Ultimately, the Supreme Court ruled that deportation orders must be extremely detailed and explain the timelines and reasons.

For more information on deportations or withholdings of removal, contact us for a free consultation.

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Estado actual de TPS

 

TPS enfrenta un estado de limbo a medida que se acercan las fechas de vencimiento en los próximos años, al mismo tiempo se espera una ley en el Senado que si se aprueba, podría proporcionar un camino hacia la ciudadanía para los titulares de TPS.

 

El Congreso creó TPS o Estatus de Protección Temporal (TPS) con el apoyo bipartidista en la Ley de Inmigración de 1990. A partir de esa fecha, TPS ha otorgado permisos de trabajo, ha impedido la deportación de los beneficiarios y ha dejado que recipientes paguen impuestos, entre otros beneficios. A muchos países se les ha concedido el TPS a lo largo de los años, pero en Marzo de 2021 solo hay 12 países con esta amnistía. Cada país tiene una fecha de vencimiento diferente según la fecha en que se designó el TPS a ese país. La mayoría de las designaciones de TPS vencen en 2021, excepto en Birmania, Siria, Venezuela y Sudan.

Las fechas de vencimiento son las siguientes:

    2021

  • El Salvador Septiembre 2021
  • Haití Octubre de 2021
  • Honduras Octubre 2021
  • Nepal Octubre de 2021
  • Nicaragua Octubre 2021
  • Somalia Septiembre de 2021
  • Sudán Octubre de 2021
  • Yemen Septiembre de 2021
  •   

    2022

  • Birmania Septiembre de 2022
  • Sudán del Sur Mayo de 2022
  • Siria Septiembre de 2022
  • Venezuela Septiembre 2022

Una vez que se finaliza la designación de TPS, la persona vuelve automáticamente a su estado migratorio anterior antes de obtener el TPS. Sin embargo, actualmente existen varias demandas que impugnan la terminación de TPS. Cada una de ellas han sido desafiados por diferentes nacionales con TPS en diferentes estados. Según el sitio web del Departamento de Seguridad Nacional, “El 9 de Diciembre de 2020, el DHS publicó un aviso del Registro Federal (FRN) anunciando que los beneficiarios bajo las designaciones de TPS para El Salvador, Haití, Honduras, Nepal, Nicaragua y Sudán conservarán su TPS mientras que la orden judicial preliminar en Ramos permanece en vigor, siempre que su TPS no sea retirado debido a la inelegibilidad individual. El DHS extenderá automáticamente la validez de los Documentos de autorización de empleo (EAD) hasta el 4 de Octubre de 2021 “.

Hasta ahora la administración de Biden se ha propuesto ayudar a los titulares de TPS. El mes pasado, la administración otorgó TPS a unos 300.000 Venezolanos y unos 1.600 ciudadanos Birmanos. Sin embargo, a partir de hoy, no hay nada que garantice un camino hacia la ciudadanía para los titulares de TPS. La Cámara de Representantes ya aprobó un proyecto de ley llamado The Dream and Promise Act, si el Senado lo aprueba, el proyecto de ley puede proporcionar un camino hacia la ciudadanía para los titulares de DACA y TPS. Al mismo tiempo, los demócratas del gobierno dijeron recientemente que los titulares de TPS deberían poder acelerar su camino hacia la ciudadanía y que deberían ser legalizados de una forma u otra.

Después de 18 meses, se supone que el DHS debe revaluar y decidir si un país determinado todavía está en crisis y necesita que se extienda su TPS. Si el país en cuestión califica, los titulares de TPS pueden solicitar otro permiso de trabajo. También es incierto saber qué pasaría con los inmigrantes a quienes apenas se les otorga el estatus de TPS y su estatus migratorio en el futuro y después de TPS sea terminado.

Para obtener más información sobre TPS, contáctenos para una consulta gratuita.

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Venezuelans Eligible for TPS

 

As of March 9 2021 the Biden Administration grants TPS to one more country, Venezuela. Which could benefit about 320,000 Venezuelan Immigrants in the U.S.

 

Known as TPS or Temporary Protected Status, it grants temporary status to asylum seekers who qualify from countries like Somalia, Yemen, El Salvador, Sudan, Syria, South Sudan, Honduras, Nicaragua, Haiti, Nepal, and Liberia. The Biden administration now includes Venezuelans as nationals eligible for TPS. However not every citizen or resident from Venezuela is eligible to apply.

In order to qualify, Venezuelans must submit an application to USCIS and meet the following requirements:

  • Being present in the U.S. as of March 9, 2021.
  • Proof of Venezuelan Nationality or proof of residence from Venezuela (Can be a noncitizen)
  • Applicants must be present in the U.S. since the effective date since TPS was designated.
  • Has stayed in the U.S. since date upon entry to the country and has not traveled outside of the country.
  • Has no criminal record and hasn’t been convicted of a crime.

Venezuela

According to the Biden administration, Venezuelans qualify to be granted TPS for their current economic, political, and health crisis, food, and crime insecurity amongst other factors.

Homeland Security Secretary Alejandro N. Mayorkas said in a statement “The living conditions in Venezuela reveal a country in turmoil, unable to protect its own citizens.”

The registration period for Venezuelan TPS applicants starts on March 9, 2021, and ends on September 5, 2021. It is essential for applicants to apply within the 180 day period since it would be very difficult for applicants to be approved after that period. For the benefit of applicants seek a highly qualified immigration lawyer like Abogado Guerrero.

If granted TPS, Venezuelans are able to obtain TPS for 18 months, from the day application is accepted in 2021 to September 2022.

Make a free consultation with us before the September 5th deadline.

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Areas of Practice
Our mission is to advise you and protect your legal rights here in the United States

Work Visas

In order to get a job in the United States, you need a work permit, which is legally an employment authorization document.

Asylum

An asylum or refugee is a form of protection offered to people who are already in or arriving in the United States

Marriages

The Fiancé(e) Visa is for U.S. citizens who wish to bring a fiancé(e) who is a foreign citizen

Pardon of illegal presence

The process of provisional exemption for unlawful presence does not change the immigrant visa process.

TPS

The Secretary of DHS may designate a country to TPS due to the following temporary conditions

Domestic Violence

Domestic Violence is a serious problem for the family, particularly the family that has an undocumented person.

Deportations

Deportation of a family member from this country is a life-changing event.La deportación de un familiar de este país es algo que le cambia la vida.

Residence

The Residency process is an extremely important step in the immigration process.

American Citizenship

Our immigration law firm can help you become a U.S. citizen.

Criminal Defense

If you have been arrested or are under investigation for a crime, you should hire a defense attorney who can make the difference between keeping your record clean and staying out of jail.

Family Rights

Through family-based immigration, our goal is to keep families together.

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