Deportation & Humanitarian Immigration

Trump Administration Adds Additional Roadblocks to Asylum

The Trump Administration announced on Tuesday that asylum applicants will receive denials for their asylum applications if they are convicted of driving under the influence or committing crimes to support gangs. The new policy will also deny asylum to people…

Jenny ZhanOctober 22, 2020

I want to apply for asylum, but I don’t know how to tell my story. How do I create the most compelling personal statement in an asylum application?

A few things to keep in mind Before you get started on your personal statement, please keep a few things in mind. First, asylum is a complicated area of law, and it is strongly recommended that you seek assistance from…

Jenny ZhanOctober 21, 2020

Deportation & Humanitarian Immigration

FY 2022 Diversity Visa Lottery Opens October 7

Starting from noon EST on October 7, 2020, the State Department will begin accepting online registration for Fiscal Year 2022 Diversity Visa lottery here. Foreign nationals who qualify for the lottery have until noon EST on November 10 to file online.…

Jenny ZhanOctober 2, 2020

Deportation & Humanitarian Immigration

Potential options for noncitizens subject to permanent bar based on unlawful presence.

So, if my spouse is subject to the permanent bar because of his past unlawful presence, subsequent departure and re-entry without admission and inspection, what options if any do we have available? Honestly, not that many. One option to consider…

Jenny ZhanSeptember 22, 2020

Deportation & Humanitarian Immigration

Federal Court Rules TPS Can Be Terminated for El Salvador, Haiti, Nicaragua, and Sudan

The Ninth Circuit Court of Appeals have ruled that the Department of Homeland Security may proceed with terminating Temporary Protected Status for four countries, El Salvador, Haiti, Nicaragua, and Sudan. The decision also impacts the TPS designations for Nepal and…

Jenny ZhanSeptember 17, 2020

Deportation & Humanitarian Immigration

Factors to consider in a scenario when someone you know is detained by Immigration Customs Enforcement.

My undocumented spouse is currently detained by Immigration and Customs Enforcement agents. I would like to know if there is a way to get him released from immigration custody. After being detained by Immigration and Customs Enforcement agents, “ICE” you…

Jenny ZhanSeptember 14, 2020

Deportation & Humanitarian Immigration

USCIS Announces TPS Beneficiaries Retain Same Immigration Status after Traveling Abroad

USCIS has announced in a policy memorandum on August 31 that Temporary Protected Status (TPS) beneficiaries who travel abroad using a Department of Homeland Security (DHS)-issued travel document under Immigration and Nationality Act (INA) section 244(f)(3) generally will retain the…

Jenny ZhanSeptember 1, 2020

Deportation & Humanitarian Immigration

USCIS Issues Updated DACA Policy

USCIS has announced updated policies regarding adjudicating DACA requests and related work permit applications. The U.S. Supreme Court ruled on June 18 that the Trump Administration failed to provide an adequate justification for terminating the Deferred Action For Childhood Arrivals…

Jenny ZhanAugust 27, 2020

Deportation & Humanitarian Immigration

Trump Administration Puts DACA Applications on Hold

Since the U.S. Supreme Court ruled on June 18 that the Trump Administration failed to provide an adequate justification for terminating the Deferred Action For Childhood Arrivals (DACA) program. This decision means that the DACA program will remain in place…

Jenny ZhanJuly 28, 2020

Deportation & Humanitarian Immigration

Supreme Court Keeps DACA Alive

In a 5 to 4, decision, the Supreme Court held that the Trump administration could not immediately shut down DACA. Keep in mind that, although the decision is a great Victory the matter is not resolved. The Supreme Court decided…

Jenny ZhanJuly 28, 2020

Deportation & Humanitarian Immigration

Canada Throws out Long Standing Asylum Agreement with the United States

On Wednesday, a Canadian court has eliminating a long-standing asylum deal with the United States. The Safe Third Country Agreement which went into effect in 2004 allowed Canada and the Untied States to turn back asylum seekers attempting to enter…

Jenny ZhanJuly 23, 2020

Deportation & Humanitarian Immigration

Trump Administration Expected to Refile DACA Termination Paperwork

On September 5, 2017, the Trump Administration announced the end of the DACA program, an Obama era executive order. This executive order signed by former President Obama on June 15, 2012 continues to provide to some individuals who came to…

Jenny ZhanJuly 10, 2020

Deportation & Humanitarian Immigration

New Trump Proposal to Deny Asylum to Applicants from Countries with Widespread Communicable Disease

On Wednesday, the Trump administration proposed a new rule that give border officers the authority to deny asylum to applicants from countries with widespread communicable disease. The proposal stated that denying asylum to people from high-risk countries would combat disease…

Jenny ZhanJuly 9, 2020

Deportation & Humanitarian Immigration

USCIS Removes 30 Day Guarantee Processing for Work Authorization for Asylum Applicants

USCIS has announced today that the 30-day guarantee processing for work authorization cards for asylum applicants has been removed. The proposal was first announced in September 2019 and made official today. Under the new provisions, USCIS no longer guarantees to…

Jenny ZhanJune 19, 2020

Deportation & Humanitarian Immigration

What happens when a noncitizen of the United States faces Removal Proceedings?

Can a noncitizen with temporary status in the United States be detained by Immigration authorities? Yes, if the noncitizen committed a violation of an Immigration Law that subjects the noncitizen to removal from the United States. Click here for a…

Jenny ZhanJune 19, 2020

Deportation & Humanitarian Immigration

What are the Reasons for Deportation of someone out of status? Why is someone Deported? (Part 2)

Removing a noncitizen with no legal status or permission to be present in the United States. A noncitizen can be found to be present in the United States without Legal Status or permission and subject to removal including noncitizens who…

Jenny ZhanJune 19, 2020

Deportation & Humanitarian Immigration

What are the Reasons for Deportation if the person is in status? Why is someone Deported? (Part 1)

Removing or Deporting a noncitizen with legal status These are the noncitizens that have permission to be present in the United States but have committed a violation of Immigration Law that exposes them to losing their status resulting in removal…

Jenny ZhanJune 19, 2020

Deportation & Humanitarian Immigration

Supreme Court Issues Ruling on DACA

The United States Supreme Court ruled on Thursday that the Trump Administration failed to provide an adequate justification for terminating the Deferred Action For Childhood Arrivals (DACA) program. This decision means that the DACA program will remain in place for…

Jenny ZhanJune 18, 2020

Deportation & Humanitarian Immigration

New Trump Administration Proposal Making Asylum Applications More Difficult

The Trump Administration unveiled a new proposal on Wednesday that would make it more difficult for foreign nationals to claim asylum. Asylum is a humanitarian immigration benefit applied for by individuals who fear severe harm or persecution if they return…

Jenny ZhanJune 12, 2020

Deportation & Humanitarian Immigration

Are you considering filing for Asylum? What is the one-year rule in filing an Asylum application?

Immigration Laws of the United States require a person seeking Asylum protection in the United States to file the Asylum application, within one year of arriving in the United States either with the United States Citizenship and Immigration Service or…

Jenny ZhanJune 9, 2020

Deportation & Humanitarian Immigration

What are the Requirements for Asylum? What is Asylum?

What is Asylum? Asylum is a form of protection provided by the United States to individuals from a foreign country who are unable or unwilling to return to their home country because they cannot be protected by their home country…

Jenny ZhanJune 9, 2020

Deportation & Humanitarian Immigration

Can I work while I am applying for Asylum Protection? What will cause the 180-day Asylum EAD Clock to stop? Understanding Asylum and Work Authorization

Can I work while I am applying for Asylum Protection? Not immediately. In order to apply for permission to work in the United States, 150 days must pass since your complete asylum application was filed where no decision has been…

Jenny ZhanJune 9, 2020

Deportation & Humanitarian Immigration Family Immigration Immigration

Can I get my green card just because I have been living in the United States for 10 years? Is there an automatic 10 year Green Card? What is Cancellation of Removal?

A common misconception among undocumented immigrants is that if they have lived in the United States for at least 10 years, they can obtain their work authorization and then their green card. While after 10 years there is some remedy…

Jenny ZhanMarch 30, 2020

Covid 19 Deportation & Humanitarian Immigration

Coronavirus Update: New York and New Jersey Asylum Offices Cancel Interview Decision Pick-Up Appointments

In response to the COVID-19 outbreak, the New York Asylum Office and the Newark Asylum Office has, effective March 12 until further notice, cancelled decision pick-up appointments. Instead the decisions will be mailed to the applicant instead. This decision comes…

Jenny ZhanMarch 11, 2020

Deportation & Humanitarian Immigration

Re-Registration for Yemeni Nationals on TPS Opens

Temporary Protected Status (TPS) for Yemeni nationals have been extended for 18 months, from March 4, 2020 to September 3, 2021. Current Beneficiaries will have until May 1, 2020 to request the extension and maintain their status through September 3,…

Jenny ZhanMarch 10, 2020

Deportation & Humanitarian Immigration

U.S. and Honduras Finalizing Asylum Deal to Send Asylum Seekers to Honduras

The Department of Homeland Security announced on January 9 that the U.S. and Honduras had finalized the steps on implementing an agreement that would send third country asylum seekers from the U.S. to Honduras. Asylum is a humanitarian immigration benefit…

Jenny ZhanJanuary 15, 2020

Deportation & Humanitarian Immigration

TPS for El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan Extended in Compliance with Court Orders

The Department of Homeland Security will continue to extend Temporary Protected Stats (TPS) designations for El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan to comply with court challenges against DHS’s decision to terminate TPS for these countries. TPS is granted…

Jenny ZhanNovember 21, 2019

Deportation & Humanitarian Immigration Family Immigration Immigration

State Department Issues Public Charge Regulations that Align with DHS Rules

The State Department published new public charge rules that will take effect on October 15. These new rules largely mirror the Department of Statement’s public charge rules. To find out more about DHS’ changes, please click here. According to the…

Jenny ZhanOctober 11, 2019

Deportation & Humanitarian Immigration Family Immigration Immigration

New York Judge Issues Nationwide Preliminary Injunction to Block New Public Charge Rule

Today, a New York District judge issued a preliminary injection against the new “public charge” rules, preventing it from coming into effect on October 15. The new rules changed the definition of what immigration officers should consider when determining whether…

Jenny ZhanOctober 11, 2019

Deportation & Humanitarian Immigration

United States Once Again Lowers Number of Refugees it Will Accept

For the third year in a row, the United States will slash the number of refugees it will accept. In the next fiscal year, up to 18,000 refugees will be allowed in the country, down from the cap of 45,000…

Jenny ZhanOctober 4, 2019

Deportation & Humanitarian Immigration

Syria TPS Re-Registration Period Opens

Temporary Protected Status (TPS) for Syrian nationals have been extended for 18 months from September 30, 2019 to March 31, 2021. Current beneficiaries will have until November 22, 2019 to request the extension of status and work authorization. This extension…

Jenny ZhanOctober 4, 2019

Deportation & Humanitarian Immigration

What is “extreme cruelty”?

Extreme cruelty is a term often used within the context of Violence Against Women’s Act (VAWA) Self-petitions. VAWA is immigration benefit available for some relatives of U.S. citizens or Green Card holders who suffer domestic violence at the hand of…

Jenny ZhanSeptember 23, 2019

Deportation & Humanitarian Immigration

Government to Process Deferred Action Cases Again After Backlash

The government announced on Monday that it will process recently denied deferred action cases from seriously ill immigrants who are currently undergoing life saving medical care again. This is a reversal of a previous policy that has drawn widespread criticism…

Jenny ZhanSeptember 20, 2019

Deportation & Humanitarian Immigration Immigration

What is VAWA and how could I qualify?

The Violence Against Women Act (VAWA) is a law that protects the rights of domestic violence survivors. Within the immigration field, it has allowed for certain immigrants to obtain protection from deportation and gain lawful immigration status. How do I…

Jenny ZhanSeptember 17, 2019

Deportation & Humanitarian Immigration

USCIS Proposes New Rule Eliminating 30-Day Guarantee Processing for Work Authorization for Asylum Applicants

USCIS announced a proposed regulation to change the process for granting or denying an initial application for employment authorization documents (EADs) by reforming the current 30-day timeline pertaining to pending asylum applicants. Under the new provisions, USCIS will no longer…

Jenny ZhanSeptember 6, 2019