TPS for Somalians extended through 2015

Photo credit Cate Turton / Department for International Development
Used under Creative Commons license

The Department of Homeland Security (DHS) announced yesterday that the Secretary of Homeland Security is extending the designation of Somalia for Temporary Protected Status (TPS) for 18 months from March 18, 2014 through September 17, 2015.

The extension allows currently eligible TPS beneficiaries to retain TPS through September 17, 2015, so long as they continue to meet the eligibility requirements for TPS. The Secretary noted that there continues to be a substantial disruption of living conditions in Somalia based upon ongoing armed conflict and extraordinary and temporary conditions in that country that prevent Somalis who have TPS from safely returning.

Re-registration is limited to persons who have previously registered for TPS under the designation of Somalia and whose applications have been granted. Certain nationals of Somalia (or aliens having no nationality who last habitually resided in Somalia) who have not previously applied for TPS may be eligible to apply under the late initial registration provisions, if they meet: (1) At least one of the late initial filing criteria and (2) all TPS eligibility criteria (including continuous residence in the United States since May 1, 2012, and continuous physical presence in the United States since September 18, 2012).

For individuals who have already been granted TPS under the Somalia designation, the 60-day re-registration period runs from October 31, 2013 through December 30, 2013. USCIS will issue new EADs with a September 17, 2015 expiration date to eligible Somali TPS beneficiaries who timely re-register and apply for EADs under this extension.

See USCIS website here for more information.

Government relies on nonexistent Mexican law to deny U.S. Citizenship for over 20 years

Well, this is interesting.  For over twenty years, Sigifredo Saldana Iracheta insisted he was a U.S. citizen because he was born to an American father and a Mexican mother in a city just south of the Texas border. The federal government rejected his claims over and over again, deporting him at least four times and at one point detaining him for nearly two years as he sought permission to join his wife and three children in South Texas.  The government argued that the only way for Saldana to gain legal legitimacy would have been for his parents to marry, which they never did. 

In its September 11^th decision, the Fifth Circuit Judge Jennifer Walker Elrod disagreed with the government finding that Saldana acquired citizenship through his U.S. Citizen father, met the U.S. citizenship requirements of INA §§ 301 and 309, and remanded with instructions to vacate or terminate the order of removal.

The problem with the government’s argument, the Judge Elrod point out, was that it relied on provisions of the Mexican Constitution that either never existed or do not say what DHS claimed they said.  In rejecting Saldana's claim to citizenship, the government had applied case law from 1978 that cited Article 314 of the Mexican Constitution, which supposedly dealt with legitimizing out-of-wedlock births. This provision never existed.  

Most recently, the government had cited to a different provision of the Mexican Constitution, Article 130, to deny Saldana’s claim in 2004. While this provision does exist, it only states that marriage is a civil contract, as opposed to a religious one and says nothing about legitimation or children.  Under the law applicable at the time, even though he was born out of wedlock, Saldana was formally acknowledged (or “legitimated”) by his father when his father placed his name on Saldana’s birth certificate before the official registry.

At oral arguments last month in Houston, Judge Elrod was incredulous: “These people are citizens by their birth, and for 35 years the government has been telling them you are not citizens because of this law that doesn't exist.”  Most denials such as Saldana’s are never appealed, often because the people involved do not have the money to pursue the matter to higher courts.  This crucial break-through in the law is a testament to Saldana’s persistence.  

DOJ Announces New Policy for Detained Immigrants with Mental Illness

On Monday this week, the Department of Justice (DOJ) and Department of Homeland Security (DHS) announced a new nationwide policy for unrepresented immigration detainees with serious mental disorders or conditions that may make them mentally incompetent to represent themselves in immigration proceedings. 

The policy was announced only a day before a federal judge in California ordered courts in Arizona, California and Washington to provide legal representation for immigrants with mental disabilities who are in detention and facing deportation, if they cannot represent themselves.  The decision is the first time a court has required the government to provide legal assistance for any group of people in immigration proceedings.  The ruling was handed down late Tuesday in a class-action lawsuit brought in 2010 by the American Civil Liberties Union, among others.

The new policy would essentially expand the California ruling nationwide, making government-paid legal representation available to people with mental disabilities in immigration courts in every state.  Under the new guidelines, immigration judges would be able to order mental competency hearings for immigrants who may have serious disorders, based on medical or other records.  

Border Security is the Compromise for a Path to Citizenship

The Senate has come to a compromise on bill language, the New York Times reported today. In exchange for a path to citizenship for many immigrants currently in the US, the senators want to strengthen border security, at huge expense to taxpayers. The estimated $3.5 billion plan includes a mandatory worker verification system, an electronic visa system at all entry and exit ports to the US, and surveillance capabilities along the entire length of the U.S. border.

While the plan does offer undocumented immigrants an opportunity to apply for green cards, this plan would also make them wait ten years before they could begin to apply. Even worse, the availability of applications may depend on whether the border security programs are operational.

The senators seem to agree with the idea that undocumented immigrants should be given a way to become American citizens. However, this plan seems to thwart that goal. How will people manage to work when there is a mandatory verification system? Will they be able to visit their families during the 10-year waiting period, or will they be blocked by the electronic visa system? This bill is in its early stages, and there is no guarantee that the final result will have any of these provisions.

DHS Extends Temporary Protected Status for Haitians

USCIS announced earlier this month that DHS extended temporary protected status (TPS) for Haiti for another 18 months. The extension also includes suspension of some requirements for F-1 nonimmigrant Haitian students. The extension will last between January 23, 2013 through July 22, 2014. Those who wish to extend TPS status must re-register during the 60-day re-registration period that runs through November 13, 2012. Applications will be accepted until November 30, 2012. The TPS beneficiaries are those who continually resided in the United States since January 12, 2011. 

The extension allows re-registrants to request for a new Employment Authorization Document (EAD). Current EADs that have an expiration date of January 22, 2013 will now expire on July 22, 2013 - this will allow USCIS to process new EADs before the old EADs expire. 

The F-1 students will continue "to obtain employment authorization, work an increased number of hours while school is in session, and reduce their course load, while maintaining their F-1 student statues." The extension here will last through July 22, 2012. 

For more information, go to www.uscis.gov/tps. 

For representation, please contact Glickman Turley LLP at 617-399-7770.

Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, trademark law, probate matters including wills, powers of attorney, health care proxy, same-sex co-parent adoptions, guardianships, animal law, or LGBT legal matters.    

DACA and Potential Pitfall for Job Verification from Employers

The New York Times reported that businesses are concerned about providing job verification documentation for deferred deportation applicants. The Obama Administration announced in June 2012 that young undocumented immigrants will be able to apply for two year deferred deportation while obtaining legal work permits. The program does not allow applicants to gain legal immigration status. 

The program has been a source of concern for employers who have been approached by their employees to provide job verification that proves they have been in the country for the requisite time period (for more on if you qualify for DACA, click here.) When applicants admit to being an undocumented workers, employers  may have to fire them until the applicants legally obtain a work permit. Also, employers fear that if they agree to provide a job verification request, it will serve as proof that they knowingly hired an undocumented immigrant, which violates federal law. Department of Homeland Security (DHS) has released guidelines that confirm "the businesses could provide verification for deferred deportation applicants. This information will not be shared with the enforcement authorities, 'unless there is evidence of egregious violations of criminal statutes or widespread abuses.'" 

For more on this story, click here. 

For representation, please contact Glickman Turley LLP at 617-399-7770. 

Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, trademark law, probate matters including wills, powers of attorney, health care proxy, same-sex co-parent adoptions, guardianships, animal law, or LGBT legal matters.    

USCIS Extends Haiti's TPS

U.S. Citizenship and Immigration Services (USCIS) announced on September 21, 2012, that it will extend Haiti's temporary protected status (TPS). Department of Homeland Security (DHS) will release a set of guidelines within the next week  Individuals who qualify must have lived continuously in the United States since January 12, 2011. Stay tuned for more information on additional guidance as it is released by DHS.

Click here to read the official announcement.

For representation, please contact Glickman Turley LLP at 617-399-7770. 

Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, trademark law, probate matters including wills, powers of attorney, health care proxy, same-sex co-parent adoptions, guardianships, animal law, or LGBT legal matters.    

Clarification for Dreamer Deferred Action: What Is a Significant Misdemeanor?

Department of Homeland Security (DHS) issued a revised guidance on what constitutes a "significant misdemeanor" under the youth deferred action policy. The new definition states that a significant misdemeanor includes simple assaults, drug possession and other minor crimes if an individual received a sentence more than 90 days for the offense. Additionally, a suspended sentence is not considered a sentence with respect to determining if a misdemeanor qualifies as a significant misdemeanor. Since deferred action remains a discretionary process where a decision is made based on the totality of circumstances per case; criminal history is one factor that is considered but does not necessarily determine the outcome.

For more information, see USCIS's website by clicking here. Please contact our attorneys to to schedule a consultation and learn more about the deferred action policy program. 

Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, trademark law, probate matters including wills, powers of attorney, health care proxy, same-sex co-parent adoptions, guardianships, animal law, or LGBT legal matters.  

Massachusetts Expands Program Targeting Illegal Immigrants

A federal program targeting illegal immigrants launched today in Massachusetts, allowing the Department of Homeland Security and the FBI to share arrestee fingerprints to expedite identification of illegal immigrants. The goal is to deport illegal immigrants who are arrested for crimes, including repeated violations of federal immigration law. The Secure Communities program does not give local police the authority to enforce immigration law, but Governor Deval Patrick believes the program will result in an increase of racial profiling cases and will promote fear in minority communities.

For more on this story from Boston.com, click here. 

Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, trademark law, probate matters including wills, powers of attorney, health care proxy, same-sex co-parent adoptions, guardianships, animal law, or LGBT legal matters. 

Foreign Artists Encounter Obstacles When Applying for Visas

U.S. visa rules for performers and artists are preventing cultural exchanges with the international community, according to an article in The New York Times. The process has become expensive, arbitrary, and lengthy in the past decade. The Department of Homeland Security (DHS) reported that requests for standard performer's visas dropped by 25 percent in the period between 2006-2010. Foreign performers and ensembles are finding that it is not worth the effort to navigate the frustrating visa process. A foreign artist must apply for a visa through DHS and appear for an in-person interview. If the petition is granted, the State Department will issue the visa at an embassy abroad.


The typical filing fee is $325 per application, but DHS offers a "premium processing fee" of $1,225 that purports to guarantee a response in two weeks. But DHS often will request additional requests for evidence, which results in delays up to 6 months. Additionally, foreign artists are required to sign tour contracts before being eligible to apply for a visa, made even more difficult when combining American dates with tour dates in other countries. The result? Cancelled U.S tour dates and financial loss for artists and their management teams, concert promoters, as well as disappointed fans. By comparison, foreign artists are able to obtain Canadian visas in two weeks and British visas in 8 to 10 days. 


For more on foreign artist visa applications, click here for USCIS eligibility criteria for O visas and P visas. 


Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, trademark law, probate matters including wills, powers of attorney, health care proxy, same-sex co-parent adoptions, guardianships, animal law, or LGBT legal matters. 

Syrians Granted Temporary Protected Status

The New York Times reported that the Department of Homeland Security has designated Syrian nationals living in the United States as eligible for Temporary Protected Status (TPS) due to the extreme threats and ongoing violence in Syria since January 2011. DHS estimates that 2,500-3,000 Syrians living in the United States would be allowed to apply for TPS. A person who is granted TPS will be protected for the duration of 18 months before applying for a renewal. DHS will require each applicant to pass criminal and national security background checks.

Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, trademark law, probate matters including wills, powers of attorney, health care proxy, same-sex co-parent adoptions, guardianships, animal law, or LGBT legal matters. 

Glickman Turley LLP Wins 3/10 Year-Bar Waiver Application

Glickman Turley successfully represented a client on an adjustment of status application that required a waiver of removability because the client had been unlawfully present in the U.S. for over a year and then left the U.S. Based on her marriage to a U.S. citizen with whom she has a U.S. citizen child, our client applied for an immigrant visa at her Caribbean country's U.S. Embassy. She was erroneously granted an immigrant visa only to be found inadmissible at the port of entry. After a two year struggle with DHS that included the adjustment application, removal proceedings, and a successful motion to terminate, our client was granted permanent resident status. She is eager to continue her life in the U.S., working as a stylist, caring for her family here, and planning a trip to visit her parents in her home country.

Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, trademark law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptions, guardianships, animal law, or LGBT legal matters.  

Glickman Turley LLP Defends Green Card For Twenty-Year Resident

Glickman Turley successfully defended a lawful permanent resident from removal (deportation) to Africa in a decade-long struggle with the Department of Homeland Security (DHS). DHS wrongfully alleged that our client was deportable for criminal reasons and for committing fraud on immigration petitions.  In our representation, Glickman Turley represented the client on two motions to reopen and vacate criminal convictions that were based on constitutionally defective pleas. Also, our motion to terminate proceedings in the Immigration Court was granted because the client credibly testified that he did not commit immigration fraud, but rather made unknowing mistakes on immigration petitions.

Our client will continue to live in the U.S. with his lawful permanent resident wife and son and his U.S. citizen son. He will continue to work as a valued employee at a prestigious local medical institute. 

Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, trademark law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptions, guardianships, animal law, or LGBT legal matters.  

New Detention Center For Immigrants Opens in Texas

The New York Times reported that a new immigrant detention center has opened in Karnes County, Texas. The detention center is part of the Obama administration's plan to reform the immigration system in order "to provide a less penal setting for detainees" that are considered a minimal safety risk. The detention center resembles a school setting more than a jail where detainees will be allowed to move freely around most of the center. The guards who are unarmed will be referred to as "resident advisers" dressing in khaki pants and blue polo shirts. There will be courtrooms on the premises for immigration hearings with video conferencing available for judges in San Antonio and Houston. 


Advocates of human rights and immigrants had long criticized the federal government's use of jails and jail-like detention centers for mistreating detainees, including providing poor health care that would result in deaths, for people who were mainly detained for civil violations. There are plans to upgrade several existing detention centers around the country, as well as plans to build new centers in South Florida and Chicago to hold medium and high security detainees. 


Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, trademark law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptions, guardianships, animal law, or LGBT legal matters.   

BIA Rules in the In re: Jesus Gaytan-Castro Case

The Board of Immigration Appeals (BIA) held that under the doctrine of res judicata, removal proceedings are barred even if the respondent was erroneously granted adjustment of status in the prior proceedings. The case, In re: Jesus Gaytan-Castro, involved the issue of whether the Gaytan-Castro was eligible for adjustment of status pursuant to his father's visa petition. Gaytan-Castro was granted adjustment of status. 


The BIA reviewed and agreed with the Immigration Judge's decision that the removal proceedings must be terminated because the doctrine of res judicata requires that once a final judgment on the merits of an action is rendered, the parties are barred from relitigating the issues that could have been raised in that action. Therefore, the BIA concluded here that when an erroneous grant of adjustment of status arose, the Department of Homeland Security (DHS) had the option of filing a timely appeal or a motion to reopen and rescind, which it failed to do, and is now barred from proceeding with new termination proceedings. 


Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptions, guardianships, animal law, or LGBT legal matters.

Guidance for Immigration Asylum Cases Involving LGBTI Individuals

The USCIS has released a new training module called "Guidance for Adjudicating Lesbian, Gay, Bisexual, Transgender and Intersex (LGBTI) Refugee and Asylum Claims." The guidance has been in the works for two years in cooperation with Immigration Equality, a national organization that advocates for equality under U.S. immigration law for LGBTI and HIV-positive individuals .

The training module provides appropriately sensitive and helpful questions for officers to use and provides instructions on what types of questions should be avoided; LGBTI-specific examples of harm that constitute persecution in an individual's home country; possible one-year filing deadline exceptions (such as recently "coming out"); and instructions on how to deal with various complex issues (such as understanding that cultural norms in the LGBTI community in the individual's home country may differ from those in the U.S.; that LGBTI applicants are not required to meet pre-conceived stereotypes or "look gay" - a common issue that has arisen in asylum cases in the past; and that former opposite-gender marriages does not mean that the applicant is not lesbian or gay).

The Guidance Introduction said "Interviews with LGBTI or HIV-positive refugee and asylum applicants require the individual to discuss some of the most sensitive and private aspects of human identity and behavior - sexual orientation, gender identity, and life-threatening illness." The new training module will provide attorneys, advocates, and immigration officers with a government guideline similar to those issued for other types of asylum claims.

Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptions, guardianships, animal law, or LGBT legal matters.

Pew Hispanic Center Poll: Latinos Disapprove Obama's Immigration Policies

A study by the Pew Hispanic Center revealed that most Latinos disapprove of President Obama's immigration and deportation policies. The annual average number of deportations under the Obama administration has reached a record-setting high, with 400,000 illegal immigrants deported since 2009. Additionally, illegal immigration has decreased, hitting a decade low, because of the economy and increased law enforcement efforts, according to an ABC News blog. 


However, most registered Latino voters are throwing their support behind the Democratic Party and President Obama in the upcoming 2012 election. The Pew study did not focus on the Obama administration's recent prosecutorial discretion policy where the Department of Homeland Security (DHS) will direct its efforts on granting reprieves on a case-by-case basis to individuals who do not have criminal convictions. DHS has reviewed 15,000 cases so far, but with a total of 300,000 cases to review, administration officials emphasized that implementing this policy will take some time. 


White House spokesman Luis Miranda said to ABC News blog that "This Administration has made dramatic improvements by developing clear immigration enforcement priorities for the first time ever that include focusing on those with criminal records, a smarter approach from a law enforcement perspective that also better reflects our nation's values." 


Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptions, guardianships, animal law, or LGBT legal matters. 

United States Citizens Jailed, Accused of Being Illegal Immigrants

The New York Times reported that the Obama administration's crackdown on illegal immigration inadvertently has led to United States citizens being arrested due to flawed information from the Department of Homeland Security's databases. 


Immigration officials lack the authority to detain United States citizens. The report stated that local police officers are following instructions issued by federal immigration officials to detain individuals suspected of being illegal immigrants. Once arrested, every person is fingerprinted and checked against the Department of Homeland Security database for potential matches. If the result matches, local police have authority to hold a suspect for up to 48 hours. 


However, Antonio Montejano, an American citizen who was detained on November 5, 2011,  told the paper that "I told every officer I was in front of that I'm an American citizen, and they didn't believe me," because he "look[s] Mexican 100%." Montejano was released on November 9, 2011, after the American Civil Liberties Union provided ICE with proof of a United States passport and birth certificate that stated Montejano was born in Los Angeles, California. 


There have been 1.1 million deportations since President Obama took office.


Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptions, guardianships, animal law, or LGBT legal matters.

Prosecutorial Discretion for Deportations Handled Unevenly

The New York Times reported that the Department of Homeland Security is applying new policies encouraging consideration of prosecutorial discretion unevenly throughout the United States. In various cases, Immigration and Customs Enforcement (ICE) has granted relief to immigrants facing deportation even without advocacy. Many of these cases involve immigrants who would have qualified for relief under the DREAM Act pending before Congress. In other circumstances, ICE has resisted granting prosecutorial discretion in the face of guidelines encouraging leniency.

Immigration Court & Prosecutorial Discretion

Glickman Turley LLP attorneys’ advocacy resulted in approvals of requests to exercise prosecutorial discretion to terminate removal / deportation proceedings in the Boston Immigration Court. Our attorneys filed compelling petitions to the Department of Homeland Security Immigration and Customs Enforcement agency (ICE) setting forth reasons why particular clients should not be in removal proceedings. ICE attorneys responded favorably to our requests within two weeks.

If you are an immigrant in deporation / removal proceedings, our attorneys can review your record and help you understand whether you are eligible for any relief including an excercise of prosecutorial discretion.

Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptions, guardianships, animal law, or LGBT legal matters.