Law Offices of Sheila Starkey Hahn PC

04/29/2022

Uniting for Ukraine! The Biden administration has created a pathway for Ukrainian citizens and their immediate family members who are outside the US to come to the US in a two-year period of parole. To participate, the person must have a supporter in the US who agrees to provide them with financial support for the duration of their stay in the US.

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12/13/2021

The previous criteria for interviewing asylum and refugee status for derivatives will be practiced effective immediately. A policy passed in a November 2020 memorandum requiring interviews of beneficiaries without any identifiable inconsistencies will be rescinded on the Form I-730, Refugee/Asylee Relative Petition. USCIS will return to case-by-case determinations based on interviews with petitioners and save resources. Eligible spouses or unmarried children may qualify for derivative status as long as they meet relationship requirements and other eligibility criteria.

photo credit: https://www.aclu.org/news/human-rights/asylum-seekers-are-being-abandoned-in-guatemala-in-a-new-policy-officials-call-a-total-disaster/

12/07/2021

The Trump-era “Remain in Mexico” policy forced non-Mexican migrants to Mexico while awaiting immigration court hearings. The program has placed hundreds of thousands of individuals in vulnerable positions, susceptible to violence. During his campaign, President Biden pledged to end the policy, however it has recently restarted and approximately 30 noncitizens a day are enrolled in the policy – the number is expected to rise. It has been described by the director of border and asylum network at Hebrew Immigrant Aid Society (HIAS), Sue Kenney-Pfalzer, that “Remain in Mexico” is “plain inhumane.” The union representing USCIS asylum officers have called it “irredeemably flawed”, and others continue to condemn it and criticize the Biden administration for continuing to practice it.

Photo source: https://www.vox.com/2020/2/28/20907053/remain-in-mexico-mpp-supreme-court-opinion

10/19/2021

If you are applying for lawful permanent residency or green card status, read below how you are eligible to apply for a social security number. If you have any questions about your application, please let us know.

10/13/2021

The Biden Administration announced travel restrictions for visa holders will change in November 2021. For further information on how this will affect your arrival in the US, please contact us.

09/27/2021

Is your case taking longer to process than usual? AILA answers why and what can be done to prevent further delay.

Please contact us with any questions about your case.

09/27/2021

For more information regarding the COVID-19 vaccine mandate and noncitizens completing Form I-693, Report of Medical Examination and Vaccination Record, please read the following Client Practice Advisory published by AILA.

Please contact us with any questions about the advisory.

08/31/2021

USCIS and DOS will require all noncitizens completing Form I-693, Report of Medical Examination and Vaccination Record, to provide proof of the vaccination against COVID-19. With some exceptions, all refugees and lawful permanent resident applicants must be vaccinated and present proper proof from the Civil Surgeon beginning October 1, 2021. For more information, please visit https://www.cdc.gov/immigrantrefugeehealth/civil-surgeons/covid-19-technical-instructions.html?fbclid=IwAR3Yrfx1DyDKCNwasM0VFlC_sQ1IRRy536X-5DInwXc5DeDV-bVcLAZp3tw
Image source: https://www.businessinsider.com/cdc-deloitte-flawed-coronavirus-vaccine-appointment-system-2021-2

08/10/2021

The registration period for Temporary Protected Status was extended for Venezuela and Burma, and TPS was re-designated to Syria, Haiti and Somalia. For individuals to be eligible for TPS, the following standards must be satisfied:
- Must be a national of the designated country
- File for TPS during initial registration
- Continuous residency in the US
- Continuous physical presence in US

However, individuals are NOT eligible under the following circumstances:
- Conviction of a felony or two or more misdemeanors in the US
- Are found inadmissible as an immigrant
- Subject to any of the mandatory bars to asylum
- Failure to meet continuous physical presence and continuous residence requirements
- Failure to meet initial TPS registration/re-registration requirements without good cause

For more information on the specific TPS conditions of a designated country, please visit the links below:
Venezuela TPS: https://www.uscis.gov/humanitarian/temporary-protected-status/temporary-protected-status-designated-country-venezuela
Burma TPS: https://www.uscis.gov/humanitarian/temporary-protected-status/temporary-protected-status-designated-country-burma-myanmar
Syria TPS: https://www.uscis.gov/humanitarian/temporary-protected-status/temporary-protected-status-designated-country-syria
Haiti TPS: https://www.uscis.gov/humanitarian/temporary-protected-status/temporary-protected-status-designated-country-haiti
Somalia TPS: https://www.uscis.gov/humanitarian/temporary-protected-status/temporary-protected-status-designated-country-somalia

Photo Resource: https://medium.com//what-is-tps-status-65b9e4de94cc

07/27/2021

DHS published a Federal Register notice decided by Secretary Alejandro N. Mayorkas to extend and redesignate Somalia for Temporary Protected Status for 18 months, from September 18, 2021 through March 17, 2023. This decision was made after careful consideration of the continued armed conflict and dangerous conditions in Somalia. For current TPS beneficiaries to re-register and avoid a gap in TPS and work authorization, they must do so in a timely manner in the 60-day registration period from July 22, 2021 to September 20, 2021. An additional 100 Somali nationals that resided in the US beginning July 19, 2021 and remained present in the US on September 18, 2021 may file the initial application for TPS. Eligible individuals may file a Form I-821, Application for Temporary Protected Status, during initial registration period from July 22, 2021 until the redesignation period ending on March 17, 2023.

Resources:
https://www.uscis.gov/news/news-releases/dhs-announces-extension-and-redesignation-of-somalia-for-temporary-protected-status
https://www.federalregister.gov/documents/2021/07/22/2021-15595/extension-and-redesignation-of-somalia-for-temporary-protected-status
https://uscode.house.gov/view.xhtml?req=(title:8%20section:1254a%20edition:prelim)
Photo source:
https://www.theguardian.com/global-development/2019/jun/06/two-million-people-at-risk-of-starvation-as-drought-returns-to-somalia

07/27/2021

On July 16, 2021, Federal Judge Andrew S. Hanen of Texas ruled DACA “unlawful”, causing Dreamers to face the possibility of deportation. Judge Hanen ruled the program was implemented against the Administrative Procedure Act because DACA had “never gained status as a legally binding policy that could impose duties or obligations.” Judge Hanen commented the government would not “take any immigration, deportation or criminal action” against beneficiaries. DHS can continue to accept new applications but cannot approve them, while DACA recipients will retain the ability to stay, work in the country, and renew their status every two years, but they too face the risk of losing their protections. It is expected of the Biden Administration to appeal the ruling and for the Supreme Court to legalize DACA, until then the fate of DACA recipients remains unpredictable.
Photo source: https://www.rollingstone.com/politics/politics-news/federal-judge-blocks-new-daca-applications-dreamers-1198573/
Resources:
https://www.nytimes.com/2021/07/16/us/court-daca-dreamers.html
https://www.cnn.com/2021/07/18/politics/daca-ruling-young-undocumented-immigrants-frustration/index.html