Month: June 2015

DHS Designates Nepal for TPS – Registration Now Open

Ann Buwalda employment authorization, TPS ,

On June 24, 2015, USCIS designated Nepal for Temporary Protected Status effective for 18 months from June 24, 2015 to December 24, 2016.  The 180-day registration period during which applicants may apply for TPS begins June 24, 2015 and ends on December 21, 2015.  DHS designated TPS for Nepal based on the current country conditions resulting from the 7.8 magnitude earthquake that occurred on April 25, 2015, along with strong aftershocks, affecting more than 8 million people, causing over 8,700 fatalities, and resulting in a substantial disruption of living conditions.

Eligibility requirements for TPS include the following:

1) Must be a national of Nepal (or applicants without nationality, must have last habitually resided in Nepal);

2) Must have continuously resided in the U.S. since June 24, 2015; and

3) Must have been continuously physically present in the U.S. since June 24, 2015.

Those approved for TPS:

1) Are eligible to remain in the U.S.;

2) May not be removed from the U.S.;

3) Are eligible to obtain an employment authorization document (EAD); and

4) May apply for a travel document.

Filing fee waivers are available to those who apply and qualify by showing inability to pay.  All applicants age 14 and over are required to complete biometrics (fingerprints).

Please be aware that TPS does not grant nor lead to lawful permanent resident status.  However, TPS beneficiaries are not prevented from applying for other immigration benefits.  Furthermore, those with a criminal record or who are a possible threat to national security may be ineligible for TPS.  Consult with an experienced immigration attorney regarding your eligibility if you possess a criminal record.

When DHS terminates Nepal’s designation for TPS, the immigration status of TPS beneficiaries will “return to the same immigration status they maintained before TPS, if any (unless that status has since expired or been terminated), or to any other lawfully obtained immigration status they received while registered for TPS.”  80 FR 36346 (June 24, 2015).

For assistance with your TPS application and a consultation regarding your immigration options, please contact our office.

Please consult an attorney for advice about your individual situation.  The information provided on this site is not legal advice, nor is it intended to be.  You are welcome to get in touch with our law firm by electronic mail, letters, or phone calls.  Contacting us does not create an attorney-client relationship.  Until an attorney-client relationship is established, please withhold from sending any confidential information.

UPDATE: USCIS Now Accepting EAD Applications for Certain H-4 Spouses

Ann Buwalda employment authorization, employment visa, H-1B , , ,

USCIS is now accepting applications for Employment Authorization Documents (EADs) from H-4 dependent spouses.  To qualify for work authorization, the H-4 dependent must be the spouse of an H-1B holder with an approved immigration petition or who has been granted H-1B status beyond the 6 year limit based on AC 21.  (Please refer to our previous blog post here for more information regarding eligibility for this program.)

As we reported in our previous blog post, found here, on April 23, 2015, a lawsuit was filed against the Department of Homeland Security (DHS) to invalidate the new H-4 Spouse EAD program.  At this time, the lawsuit does not have any impact on the program, and we at Just Law International, P.C., are moving forward with H-4 Spouse EAD applications as planned.  Please do not hesitate to contact us for more information and to schedule a consultation regarding your eligibility for an EAD application.

Please consult an attorney for advice about your individual situation.  The information provided on this site is not legal advice, nor is it intended to be.  You are welcome to get in touch with our law firm by electronic mail, letters, or phone calls.  Contacting us does not create an attorney-client relationship.  Until an attorney-client relationship is established, please withhold from sending any confidential information.

UPDATE: Expanded DACA & DAPA Still On Hold

Ann Buwalda DACA, DAPA, Executive Action , , ,

On May 26, 2015, a divided Fifth Circuit Court of Appeals denied the federal government’s request for an emergency
stay of the preliminary injunction that halted the implementation of Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) and an expansion of Deferred Action for Childhood Arrivals (DACA).  Therefore, the hold on DAPA and expanded DACA will remain in place at least until the Fifth Circuit decides on the government’s appeal of the preliminary injunction itself.  Arguments are scheduled for early July 2015.  Meanwhile, the underlying case challenging the constitutionality of President Obama’s executive action that created these deferred action programs is still pending in a District Court in Texas and the case is in the early stages of discovery.

What this all means is that the implementation of DAPA and expanded DACA remains uncertain.  We will continue to provide updates here on the blog as the case progresses.

Please consult an attorney for advice about your individual situation.  The information provided on this site is not legal advice, nor is it intended to be.  You are welcome to get in touch with our law firm by electronic mail, letters, or phone calls.  Contacting us does not create an attorney-client relationship.  Until an attorney-client relationship is established, please withhold from sending any confidential information.