Musings on Immigration

In the excitement of President Obama’s announcement on Executive Action back in November and the new DAPA Program, many missed the part where the Department of Homeland Security also designated Liberia, Guinea, and Sierra Leone for Temporary Protected Status (TPS).  As many of us know, TPS is already designated for numerous other countries, but these three are now added to the list as a result of the Ebola outbreak. In order to qualify for TPS, one must be a native and citizen of one the named countries, must have been present in the United States on or before November 20, 2014, and must not have more than two misdemeanor convictions.  The applicant also cannot have an aggravated felony, but may still be eligible even with an order of removal.  It is important to note the date by which the individual must have been in the U.S., so that some do not try to enter the U.S. after November 20, 2014 thinking that they can apply for TPS. TPS is a designation reserved for those ...

From my Editorial in the Atlanta Journal Constitution on August 1, 2014 President Obama has been timid, at best, in using his executive powers to alleviate the current immigration crisis, preferring to wait for what can only be described as a Unicorn-- bi-partisan immigration reform.  Recently, the President indicated that he is ready to use this practical tool to inject rationality and humanity into a broken immigration system that is neither responsive to family nor business realities. Executive powers are not a “loophole." They have been used historically to interpret and implement immigration statutes and are commonly used by executive agencies. With these broad powers, President Obama can do much to legally alleviate the current immigration crisis. The President can issue parole in place for immediate relatives of US citizens who are the beneficiaries of approved visa petitions. The Attorney General has the authority to parole into the U.S. under ...

In a recent case, the Board of Immigration Appeals opened up an entire new area for individuals who have until now found themselves ineligible to obtain permanent residence without leaving the United States, or going through a complicated and unpredictable waiver process. In Matter of Arrabally and Yerrabelly , 25 I&N Dec. 771 (BIA 2012), the Board of Immigration ruled that an individual who came into the US illegally but who is now on an adjustment of status applicant, who obtains a travel documents (advance parole ) through USCIS and then leaves the US and reenters on that Advance parole, is eligible to adjust status IN the US (with an available immigrant visa), and is NOT subject to the 10 year bar waiver typically associated with his departure after having been illegally in the US for longer than 1 year. This is an AMAZING development and unexpected good news for several hundred thousand people. TPS status holders are eligible for the same type of advance parole document. ...

By:  Hiba Ghalib, Esq. Associate Attorney TPS (Temporary Protected Status) is a temporary immigration status available to foreign nationals present in the United States whose home countries are designated by the Department of State to be temporarily unsafe or extraordinarily dangerous.  On March 23, 2012, it was announced that Syria would join the list of nations currently designated TPS status.  During the period for which a country is designated, TPS beneficiaries from that country may not only remain in the United States lawfully, but they may also obtain work authorization. TPS differs from asylum because while it allows its beneficiaries to remain in the United States to avoid a forced return to their home country’s unsafe conditions, it is not a way to obtain permanent residency status in the United States. By its very nature, TPS is temporary. While the initial approval is generally for 18 months, the Department may designate a particular count...

As Arizona implements their new immigration law (A.R.S. 13-1509), making it a federal misdemeanor, punishable by 30 days in jail and/or a $100 fine, for failing to carry one’s “certificate of alien registration or alien registration receipt card”, other states have looked to replicate this law, namely North Carolina. Senator Don East of Surry County, NC has introduced Senate Resolution 1349 which if approved, would require immigrants to carry proof of citizenship or an alien registration card. The problem with this law and with the Arizona law is that they both ignore the complexity of the every changing area of immigration law. For example, if you are from Haiti and you were in the USA illegally you could have been arrested under this new law up until January of 2010. After the earthquake in Haiti all Haitians that were already here with no criminal records could apply for “Temporary Protected Status.” You could have been in the USA illegally one day and be completely legal the next a...

Haiti, the poorest nation in our hemisphere, and the one of poorest nations in the world, was hit by yet another natural disaster–a 7.0 earthquake. This after a Haiti has endured four major storms in 2008, from which it has yet to recover. Tropical Storm Fay and hurricanes Gustav, Hanna and Ike – pounded Haiti in August and September 2008, killing a total of 793 people and leaving more than 300 others missing, according to government figures. The country was also gripped by a tense political standoff in April 2008 amid riots over skyrocketing food prices. UN troops are a regular sight throughout much of the country. Frankly, I cannot imagine a worse situation in a country. Certainly, if ever there were the need for a country and a people to be given a helping hand, this is the time, and this is the country. Attorney General Holder, Secretary Napolitano , Please grant Temporary Protected Status (”TPS”) to Haitians currently in the United States . Temporarily stop deportations to Haiti....