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PRESIDENT BIDEN TO SIGN DAY ONE EXECUTIVE ORDERS TO REVERSE TRUMP IMMIGRATION POLICIES

, Posted in Immigration Law

President Joseph Biden is forecasted to invoke his executive authority during his first day in office to start reversing Immigration Policies from the last four years under the Trump administration. This is a welcome change for intending immigrants whose lives have been laying in the balance due to Trump-era anti-immigrant policies. Reportedly, one memo will order both the Departments of Justice (DOJ) and Homeland Security (DHS) to re-institute DACA (Deferred Action for Childhood Arrivals). Another memo…

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U.S. SUPREME COURT DECIDING TPS ADJUSTMENT

, Posted in Immigration Law

On Friday, January 8, the United States Supreme Court agreed to hear the case of Oscar Ernesto Melendez v. Kevin K. McAleenan et al. which would decide if beneficiaries of Temporary Protected Status (TPS) can adjust their status in the United States if they initially entered without inspection, known colloquially as EWI.  Temporary Protected Status is given to eligible nationals of designated countries who are present in the United States and whose home countries have been…

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ALEX PADILLA MAKES HISTORY AS CALIFORNIA’S FIRST LATINO U.S. SENATOR

, Posted in Immigration Law

In an historic political appointment by California Governor Gavin Newsom, Alex Padilla has been selected as California’s First Latino U.S. Senator-designate, taking Vice President-Elect Kamala Harris’ Congressional seat. The 47-year-old Padilla is the son of Mexican immigrants who came to the United States and worked as a cook and a housekeeper.  Padilla began his political career and activism as a member of the Democratic party in response to California’s Proposition 187, which excluded illegal immigrants from…

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FIRST IMMIGRANT AND FIRST LATINO TO POSSIBLY HEAD THE DEPARTMENT OF HOMELAND SECURITY

, Posted in Immigration Law

Alejandro Mayorkas, former Deputy Secretary of the Department of Homeland Security and former Director of the USCIS during the Obama administration, has been proposed by President-Elect Joe Biden as a leading contender to become both the first Latino and the first immigrant to lead the Department of Homeland Security (DHS), the third largest federal department in the United States. Indeed, Mayorkas, who was born in Havana, was forced to flee Cuba during Fidel Castro’s 1959 Revolution.…

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BIDEN AS PRESIDENT: NEW HOPE FOR IMMIGRANTS

, Posted in Immigration Law

President-elect, Joe Biden’s victory has signaled a new and more hopeful era for immigrants.  Biden’s pro-immigration stance has translated into his well-articulated pledges to reverse the sweeping anti-immigrant policies and xenophobic changes President Trump has made to the American immigration system.  Indeed, Biden’s position paper on Immigration contains 51 bullet points that fill 22 pages where he explicitly states his mission to reenact pro-immigrant Obama-era policies. According to a July 2020 report set forth by the…

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PRIMER – MILITARY PAROLE IN PLACE (PIP)

, Posted in Immigration Law

Parole in Place is a discretionary option of relief for the families of U.S. military members, veterans, and enlistees on decided on a case-by-case basis for “urgent humanitarian reasons” or “significant public benefit.” Those who are granted PIP are given authorization to stay and work in the United States. Moreover, they are considered “paroled” into the U.S., which affects their eligibility to apply for a Green Card inside of the United States. Those granted Parole in…

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PRIMER – CANCELLATION OF REMOVAL FOR LAWFUL PERMANENT RESIDENTS

, Posted in Immigration Law

If a lawful permanent resident commits a crime and is placed in Removal Proceedings, they may qualify for a form of relief called Cancellation of Removal. To qualify for this relief, it must be proven that the following conditions apply: the person has been a lawful permanent resident for at least 5 years, they have continuously resided in the U.S. for at least 7 years after being admitted in any status and until the stop-time rule…

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PRIMER – CANCELLATION OF REMOVAL FOR NON-PERMANENT RESIDENTS

, Posted in Immigration Law

Cancellation of Removal is a form of deportation relief available to non-legal permanent resident aliens who are currently in Removal Proceedings. To qualify for this benefit, the undocumented individual must prove to an Immigration Judge the following: they have maintained continuous physical presence in the United States for 10 years or more, they have been of good moral character for the past 10 years, and their removal would result in exceptional and extremely unusual hardship to…

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PRIMER – SPECIAL IMMIGRANT JUVENILES

, Posted in Immigration Law

Certain immigrants under 21 years of age who have been abused, neglected, or abandoned by one or both of their parents may qualify for an immigration classification called Special Immigrant Juvenile (SIJ). If SIJ classification is granted, these immigrants can qualify for a Green Card. To be eligible for this status, the alien must meet the following requirements: be under 21 years old; be currently living in the United States; be unmarried; have a valid juvenile…

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PRIMER – TEMPORARY PROTECTED STATUS

, Posted in Immigration Law

Temporary Protected Status (TPS) is a temporary immigration status given to nationals of certain countries experiencing problems such as ongoing armed conflict, an environmental disaster, an epidemic, or other extraordinary conditions that render it difficult or unsafe for the nationals to be deported there. It allows for a work permit and the ability to travel. TPS beneficiaries are protected from removal from the United States. The countries currently designated for TPS per the Secretary of Homeland…

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