On March 3, 2022, Department of Homeland Security Secretary, Alejandro N. Mayorkas, designated Ukraine for Temporary Protected Status (TPS). For the next 18 months, TPS is available for Ukrainian nationals who have continuously resided in the United States since March 1, 2022. Individuals who travel to the United States after March 1, 2022 are not eligible for TPS. Instructions for the TPS application shall be provided in a forthcoming Federal Register notice.
WASHINGTON — The Department of Homeland Security (DHS) announced the designation of Ukraine for Temporary Protected Status (TPS) for 18 months.
“Russia’s premeditated and unprovoked attack on Ukraine has resulted in an ongoing war, senseless violence, and Ukrainians forced to seek refuge in other countries,” said Secretary Alejandro N. Mayorkas. “In these extraordinary times, we will continue to offer our support and protection to Ukrainian nationals in the United States.”
A country may be designated for TPS when conditions in the country fall into one or more of the three statutory bases for designation: ongoing armed conflict, environmental disasters, or extraordinary and temporary conditions. This designation is based on both ongoing armed conflict and extraordinary and temporary conditions in Ukraine that prevent Ukrainian nationals, and those of no nationality who last habitually resided in Ukraine, from returning to Ukraine safely. These conditions result from the full-scale Russian military invasion into Ukraine, which marks the largest conventional military action in Europe since World War II. This invasion has caused a humanitarian crisis with significant numbers of individuals fleeing and damage to civilian infrastructure that has left many without electricity or water or access to food, basic supplies, shelter, and emergency medical services.
Individuals eligible for TPS under this designation must have continuously resided in the United States since March 1, 2022. Individuals who attempt to travel to the United States after March 1, 2022 will not be eligible for TPS. Ukraine’s 18-month designation will go into effect on the publication date of the forthcoming Federal Registernotice. The Federal Register notice will provide instructions for applying for TPS and an Employment Authorization Document (EAD). TPS applicants must meet all eligibility requirements and undergo security and background checks.
Nassim Arzani
Certified Specialist – Immigration & Nationality Law
The Deferred Action for Childhood Arrival (DACA) program is a set of protections that cover individuals who entered the United States as young people. Through no fault of their own, these aspiring citizens did not have the proper documentation, so DACA was designed to provide recipients the services they need to thrive in America. Those who fall under its umbrella can seek defense against deportation, they may qualify for work permits, and they are often allowed to travel abroad with obtaining an advanced parole (I-131 Application for Travel Document).
If you have questions about your rights under the current DACA rules and regulations, please contact Nassim Arzani, Esq. With two convenient locations in Riverside and Los Angeles, California, Ms. Arzani is a nationally recognized leader in the field of immigration law. Call (951) 683-0900 to learn how DACA can help you live the American dream.
President Obama launched DACA back in 2012. Since then, the program has faced several hurdles and governmental challenges. However, as of December 7th, 2020, DACA has been fully reinstated. Pursuant to a Court Order from the Honorable Judge Nicholas G. Garaufis, the Department of Homeland Security (DHS) is now directed to restore the DACA program.
The Court Order directed the Department of Homeland Security (DHS) to display a public notice on relevant agency websites that DHS is now:
Accepting first-time DACA requests;
Accepting renewal DACA requests;
Extending the duration of DACA and its accompanied employment authorization documents to two years.
Additionally, the Court Order directed DHS to inform and notify all members of the DACA Class Action suit of this new directive. To learn more about the DACA Class Action lawsuit or to sign up for more information, please visit this web page.
Who Qualifies for DACA
An individual may request DACA protections if they meet the following criteria:
Were under the age of 31 on June 15, 2012;
Came to the United States before reaching their 16th birthday;
Have continuously resided in the United States since June 15, 2007, up to the present time;
Were physically present in the United States on June 15, 2012, and at the time of making their request for consideration of deferred action with USCIS;
Had no lawful status on June 15, 2012;
Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and;
Have not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.
If you have traveled outside the United States, been arrested or convicted of a crime, or beenordered removed or deported, we strongly urge you to consult with an Attorney due to your underlying immigration consequences.
Benefits of Consulting with Nassim Arzani
Nassim Arzani not only has over 17 years of legal experience in immigration matters, but she is a Certified Specialist under the California State Bar. She can help you navigate your unique situation and recommend the best legal course of action in light of the recent reinstatement of DACA.
If you have any questions, feel free to reach out to us at (951) 683-0900, or email us at arzanilawoffice@gmail.com – we are proud to address the immigration needs of Riverside, Los Angeles, and beyond. To get acquainted with Ms. Arzani and her vitally important work, please visit our blog.
Proven Results
Families were meant to stay together. DACA was ratified to help younger individuals fulfill their goals to become United States citizens, despite their legal status when they initially entered the country. Nassim Arzani is an expert in family-based immigration law. She will fight for you and your loved ones to ensure that you get the full array of legal protections that DACA provides.
FAQ
What is DACA and how does it apply to me?
DACA stands for Deferred Action for Childhood Arrival. If you or someone you know entered the United States as a minor, you may qualify for DACA protections. Recipients may apply for advance parole travel documents and employment authorization, but most importantly: they can retain legal defense against the threat of deportation.
The public charge rule is currently back in full effect. On September 11, 2020, the U.S. Court of Appeals for the Second Circuit decided to suspend the lower court’s July 29, 2020 nationwide injunction prohibiting DHS from enforcing the public charge rule.1
This means anyone desiring to adjust their status to a lawful permanent resident (LPR), otherwise known as a “green card”, must submit the Form I-944 demonstrating they are not inadmissible under the public charge rule. The I-944 considers several “factors” such as:
Age;
Health and insurance;
Family status;
Assets, resources, and financial status;
Sponsor or co-sponsor’s annual income;
Education and skills; and,
Receipt of enumerated public benefits and the period of time the benefits were received.2
Again, the public charge rule only applies to those who seek to adjust their status to LPR status and excludes other categories of immigrants such as:
Refugees;
Asylees;
Certain T and U Nonimmigrant visa applicant; and,
Certain VAWA petitioners.
If you are a current client pursuing an adjustment, please be aware the public charge rule is currently the subject of constant debate and litigation so things may change in the near future. We assure to update you with any changes. If you are considering adjusting your status to an LPR we strongly urge you consult with our office, so we can best guide you towards overcoming this burdensome provision.
The Department of Homeland Security (DHS) imposes filing fees on several immigration and naturalization benefit applications. On October 2, 2020, DHS is adjusting the filing fees for many immigration and naturalization applications to help meet operational needs.1 Under this new rule, some filing fees will be increased, others decreased. Some of the increases, however, significantly impact the cost of the more commonly sought immigration benefits, such as naturalization applications, provisional unlawful presence waivers, and certain U-visa benefits. To avoid being subject to these increased costs, we strongly urge any interested applicants to act quickly and submit their applications before the rule takes effect on October 2, 2020. Some of the most noteworthy examples include:
Application for Travel Document, known as an 1-131, typically used for Advance Parole, Parole-In-Place, a Reentry Permit, or a Refugee Travel Document. They will see a 75% increase in price, rising from $575 to $1,010.
Application for Advance Permission to Enter as a Nonimmigrant, known as a I-192, meant for those who are found inadmissible and will be applying as a U Nonimmigrant Status or T Nonimmigrant Status will see a 51% increase, rising from $930 to $1,400.
More notably, however, a CBP Application for Advance Permission to Enter as a Nonimmigrant will see a 139% increase, rising from $585 to $1,400.
Form I-193, Application for Waiver of Passport and/or Visa, meant to allow Legal U.S. Residents to reenter the U.S. without their passport/visa, is set to increase by 377%, rising from $585 to $2,790.
Form I-601A, Application for Provisional Unlawful Presence Waiver, commonly used when a person has been unlawfully present in the U.S., will increase from $630 to $960, a 52% increase.
Form I-751, Petition to Remove Conditions on Residence, will see a 28% increase, from $595 to $760.
Form I-765, Employment Authorization Applications, will rise from $410 to $550 for Non-DACA applicants. The fee for DACA beneficiaries will remain at $410.
Form I-881, Application for Suspension of Deportation or Special Rule Cancellation of Removal, will see an incremental 535% rise from $285 to $1,810.
Form I-929, Petition for a Qualifying Family Member of U-1 Nonimmigrant, used for those who have an approved U Nonimmigrant relative, will rise an exponential 546% from $230 to $1,485.
N-336, Request for a Hearing on a Decision in Naturalization Proceedings, will rise from $700 to $1,725, a 147% difference.
N-400, Application for Naturalization, used to apply to become a U.S. citizen will rise from $640 to $1,170, an 81% increase.
El Departamento de Seguridad Nacional (DHS) impone tarifas en varias solicitudes de beneficios de inmigración y naturalización. El 2 de Octubre de 2020, DHS va a ajustar las tarifas de muchas solicitudes de inmigración y naturalización para ayudar a satisfacer las necesidades operativas. Según esta nueva regla, se aumentarán algunas tarifas y se reducirán otras. Sin embargo, algunos de los aumentos tienen un impacto significativo en el costo de los beneficios de inmigración más comúnmente buscados, como las solicitudes de naturalización, las exenciones provisionales por presencia ilegal y ciertos beneficios de la visa U. Para evitar estar sujeto a este aumento de costos, insistimos en que los solicitantes interesados actúen rápidamente y envíen sus solicitudes antes de que la regla entre en vigencia el 2 de Octubre de 2020.
Algunos de los ejemplos más notables incluyen:
La solicitud de documento de viaje, conocida como I-131, que generalmente se usa para la libertad condicional anticipada, la libertad condicional en el lugar, un permiso de reingreso o un documento de viaje para refugiados, verá un aumento del 75% en el precio, aumentando de $575.00 a $1,010.00.
La Solicitud de Permiso Avanzado para Ingresar como No Inmigrante, conocida como I-192, destinada a aquellos que son declarados inadmisibles y que solicitarán el Estatus de No Inmigrante U o el Estatus de No Inmigrante T verá un aumento del 51%, aumentando de $930.00 a $1,400.00.
Más notablemente, sin embargo, una Solicitud de CBP para Permiso Anticipado para Ingresar como No Inmigrante verá un aumento del 139%, pasando de $585.00 a $ 1,400.00.
El Formulario I-193, Solicitud de exención de pasaporte y / o visa, destinado a permitir que los residentes legales de los EE. UU. vuelvan a ingresar a los EE. UU. sin su pasaporte / visa, aumentará en un 377%, pasando de $585.00 a $2,790.00.
El Formulario I-601A, Solicitud de Exención Provisional por Presencia Ilegal, comúnmente utilizado cuando una persona ha estado presente ilegalmente en los EE. UU., aumentará de $630.00 a $960.00, un aumento del 52%.
El Formulario I-751, Petición para eliminar las condiciones de residencia, verá un aumento del 28%, de $595.00 a $760.00.
El Formulario I-765, Solicitudes de autorización de empleo, aumentará de $410.00 a $550.00 para los solicitantes que no pertenecen a DACA. La tarifa para los beneficiarios de DACA seguirá siendo de $410.00.
El Formulario I-881, Solicitud de Suspensión de Deportación o Cancelación de Expulsión por Regla Especial, verá un aumento incremental del 535% de $285.00 a $ 1,810.00.
El Formulario I-929, Petición para un familiar calificado de no inmigrante U-1, aumentará un 546% exponencial de $230.00 a $1,485.00.
N-336, Solicitud de audiencia sobre una decisión en procedimientos de naturalización, aumentará de $700.00 a $1,725.00, una diferencia del 147%.
N-400, Solicitud de naturalización, que se utiliza para solicitar la ciudadanía estadounidense aumentará de $640.00 a $1,170.00, un aumento del 81%.
Immigration Court Hearings for non-detained cases in Los Angeles will be postponed for all Master and Individual Hearings scheduled through July 24, 2020. USCIS offices have opened on June 5, 2020. If you have any questions feel free to call us.
NATIONALITY LAW 98% SUCCESS RATE FOR OVER 18 YEARS*
