Deportation & Humanitarian Immigration | Scott Legal, P.C.

Deportation & Humanitarian Immigration

Department of Homeland Security to Comply with Court Order to Restore DACA

DHS has announced that it has taken steps to comply with the December 4, 2020 federal district court order requiring them to restore the Deferred Action for Childhood Arrivals (DACA) program to its 2012 form. To learn more about the…

Jenny ZhanDecember 21, 2020

Deportation & Humanitarian Immigration Immigration Biden/Harris Administration

Removal proceedings policies that may change/return under the Biden Harris administration

Return of Administrative Closure? Overview: Administrative closure has been considered an administrative tool available to immigration judges used to administer their dockets as a way to prioritize their caseloads by being able to suspend or place on hold certain immigration…

Jenny ZhanNovember 9, 2020

Deportation & Humanitarian Immigration H-1B and E-3 Visa Immigration Immigration Biden/Harris Administration

What impact will a Biden/Harris administration have on current immigration policy?

On November 7, 2020, Joseph R. Biden Jr. became the President-elect of the United States & Kamala Harris became the United States Vice President-elect. For the past four years President Trump’s administration has made a series of drastic changes to…

Jenny ZhanNovember 9, 2020

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

Deportation & Humanitarian Immigration

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

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