Additional Immigration Services
Cuban Adjustment Act
The Cuban Adjustment Act (CAA) of 1966 is a United States federal law that provides a special pathway for Cuban nationals to become lawful permanent residents (LPRs) of the United States. This legislation was initially designed during the Cold War to provide relief to Cubans fleeing Communist rule. Here's a detailed overview of how the Cuban Adjustment Act works and its requirements:
Eligibility Requirements
To be eligible under the Cuban Adjustment Act, an individual must:
- Be a native or citizen of Cuba.
- Have been inspected, admitted, or paroled into the United States (have a lawful entry document).
- Have been physically present in the United States for at least one year.
- Be admissible to the United States for permanent residence. Applicants may need to apply for a waiver if they are inadmissible under certain sections of immigration law.
Application Process
- One-Year Physical Presence: The Cuban national must reside in the U.S. for at least one year after being inspected, admitted, or paroled.
- Apply for Adjustment of Status: After meeting the one-year physical presence requirement, Cuban nationals can apply for adjustment of status by filing Form I-485, Application to Register Permanent Residence or Adjust Status, with the U.S. Citizenship and Immigration Services (USCIS) or The Executive Officer for Immigration Review (EOIR).
- Evidence Submission: Applicants must submit evidence showing their Cuban citizenship, their admission or parole into the U.S., and proof of their presence in the U.S. for at least one year. This can include documents such as a Cuban passport, I-94 Arrival/Departure Record, and proof of residency such as lease agreements, utility bills, and employment records.
- Admissibility and Interviews: As part of the I-485 processing, applicants may also be required to complete a biometric services appointment for background and security checks. USCIS may also request an interview to verify the information provided in the application.
Special Considerations
- Family Members: Spouses and children of Cuban nationals who qualify under the CAA can also apply for adjustment of status, provided they have also lived in the U.S. for at least one year and are residing with the principal applicant.
- Adjustment Despite EWI: Notably, Cuban nationals can adjust their status even if they entered the United States without inspection (EWI), which is not typically allowed under other immigration pathways.
- Public Charge: As of the latest updates, applicants under the CAA are generally exempt from the public charge grounds of inadmissibility.
Recent Changes and Challenges
It's important to note that policies and interpretations of the CAA can change, influenced by shifts in diplomatic relations and immigration policy. Applicants should stay informed about current guidelines and procedures, potentially through consultation with legal professionals specializing in immigration law.
The Cuban Adjustment Act remains a unique piece of immigration legislation, reflecting historical and geopolitical considerations between the United States and Cuba. It continues to provide a critical lifeline for Cuban nationals seeking refuge and a new life in the U.S.
Waivers
In the context of U.S. immigration law, waivers are legal provisions that allow an individual to be excused from a particular ineligibility or disqualification that would normally prevent them from receiving a visa, adjusting status, or being admitted into the United States. Waivers are typically granted when an applicant can prove that denial of admission would cause significant hardship, typically to a U.S. citizen or lawful permanent resident (LPR) family member, among other considerations. Here are some of the most common types of waivers:
1. I-601 Waiver for Unlawful Presence
Individuals who have accrued unlawful presence in the U.S. of more than 180 days but less than one year, and then depart, are typically barred from returning to the U.S. for three years. Those who have accrued more than one year of unlawful presence and then depart are barred for ten years. The I-601 waiver, also known as the Waiver of Grounds of Inadmissibility, can be requested to overcome this bar if the individual can prove that their absence would cause extreme hardship to their U.S. citizen or LPR spouse or parent.
2. I-601A Provisional Unlawful Presence Waiver
Similar to the I-601, the I-601A waiver allows individuals who are still in the U.S. and are immediate relatives of U.S. citizens (spouses, children, or parents) to apply for a waiver for the 3-year or 10-year bar before they leave the U.S. to attend their visa interview abroad. This process helps to reduce the time U.S. citizens are separated from their family members during the consular processing of immigrant visas.
3. I-212 Waiver to Reapply for Admission After Deportation or Removal
This waiver allows an individual who has been deported, removed, or has departed the U.S. after being ordered removed, to apply for early re-admission to the United States before they are legally eligible to return.
4. Waivers for Criminal Grounds of Inadmissibility
These waivers are available for individuals deemed inadmissible due to past criminal activities, depending on the nature of the crime. Not all crimes are eligible for waivers, and this typically requires showing rehabilitation and that the applicant's admission would not be contrary to the national welfare, safety, or security.
5. Waivers for Misrepresentation or Fraud
An individual found inadmissible due to fraud or misrepresentation in dealing with immigration authorities can apply for a waiver under certain conditions, especially if they can demonstrate that denial of their admission would result in extreme hardship to a U.S. citizen or LPR spouse or parent.
Application Process and Considerations
- Submission: Most waivers require filing a specific form with USCIS, accompanied by supporting documents that evidence the claimed hardship and other mitigating factors.
- Evidence: Applicants must provide compelling evidence of hardship, rehabilitation, or family relationships, depending on the waiver type.
- Legal Representation: Given the complexities involved in applying for waivers, it is highly recommended to seek assistance from an immigration attorney who can provide guidance on eligibility, documentation, and the overall process.
Waivers are an important aspect of immigration law, providing a mechanism to overcome certain bars and ineligibilities that would otherwise prevent individuals from entering or remaining in the U.S.
Humanitarian Parole Requests
Humanitarian parole is a discretionary measure used by the United States Citizenship and Immigration Services (USCIS) to allow individuals who are otherwise inadmissible into the United States for a temporary period due to urgent humanitarian reasons or significant public benefit. This measure is not intended to be used as a way to bypass regular visa processing or to confer immigration status, but it can provide a crucial lifeline in extraordinary circumstances.
Eligibility Criteria
Humanitarian parole is granted on a case-by-case basis and is generally used sparingly. Applicants must demonstrate compelling emergencies that warrant their temporary admission to the United States. Some common reasons include:
- Medical Emergencies: Where an individual needs to receive medical treatment in the U.S. that is not available in their home country.
- Legal Matters: When a person must be present in the U.S. to participate in a legal proceeding.
- Safety and Welfare: In cases where an individual’s safety is compromised in their home country.
- Family Reunification: Particularly in urgent situations, such as during the terminal illness of a family member living in the U.S.
Application Process
1. File Form I-131, Application for Travel Document: This form is used to apply for humanitarian parole. The applicant must clearly indicate the reasons for the request and the length of time the parole is needed.
2. Supporting Documentation: Detailed evidence must accompany the application
3. Filing Fee and Exemptions: There is a filing fee for Form I-131, but fee exemptions may be available for those who cannot afford to pay. Applicants need to provide a written request and justification for the exemption.
4. USCIS Decision: After reviewing the application, USCIS may request additional information or an interview. The final decision to grant or deny humanitarian parole rests with USCIS and is based on their assessment of the urgency and merit of each individual case.
5. Duration and Conditions: Humanitarian parole is typically granted for a specific period necessary to fulfill the humanitarian need, generally not exceeding one year. Parolees must leave the U.S. when their parole expires unless they have applied and been approved for an extension or adjustment of status.
Considerations and Legal Representation
Given the complexity and the discretionary nature of humanitarian parole requests, it’s advisable for applicants to seek assistance from legal professionals experienced in immigration law. They can provide guidance on the preparation of the application, ensure that all necessary documentation is comprehensive and well-organized, and help advocate for the applicant’s case.
Humanitarian parole remains an essential tool for providing temporary relief in situations where traditional immigration options are unavailable or inadequate to address urgent humanitarian needs.
Humanitarian Reinstatement
Humanitarian reinstatement is a specific form of relief available in U.S. immigration law that allows for the reinstatement of a previously approved family-based immigrant visa petition after the death of the petitioner. This option is particularly important for beneficiaries whose petitions would typically be automatically revoked upon the petitioner’s death, leaving them without a means to immigrate based on that petition.
Eligibility Criteria
To be eligible for humanitarian reinstatement, several criteria must be met:
- Original Petition Approval: The original I-130 petition filed by the U.S. citizen or lawful permanent resident must have been approved before their death.
- Petitioner's Death: The petitioner must have died and the petition would have been revoked as a result.
- Substitute Sponsor: A substitute sponsor must be available and willing to accept legal responsibility for financially supporting the immigration applicant. This sponsor must be a U.S. citizen or lawful permanent resident, at least 18 years old, and either a close relative or related by family or marriage to the beneficiary.
Key Considerations
- No Legal Right: There is no legal right to humanitarian reinstatement; it is granted solely at the discretion of USCIS based on humanitarian concerns.
- No Appeal: Decisions made by USCIS regarding humanitarian reinstatement cannot be appealed, though it may be possible to reapply if initially denied and circumstances change or additional evidence can be provided.
- Limited Scope: Humanitarian reinstatement only applies to family-based immigrant visa petitions and cannot be used for employment-based petitions or other categories.
Humanitarian reinstatement is a valuable option for beneficiaries who would otherwise lose their path to immigration due to the death of the petitioner. Given the complexity and discretionary nature of the application, it is advisable for individuals considering this route to consult with an immigration attorney to effectively navigate the process.
VAWA
The Violence Against Women Act (VAWA) provides an important pathway for immigrants who are victims of abuse by their U.S. citizen or lawful permanent resident (LPR) spouse, parent, or child to petition for legal status in the United States without the knowledge or assistance of the abuser. This provision aims to protect victims of domestic violence, allowing them to seek safety and independence from their abuser. Here's an overview of the VAWA process and its requirements:
Eligibility Criteria
To be eligible to file under VAWA, an applicant must meet one of the following criteria:
- Spouse: You may file if you are, or were, the abused spouse of a U.S. citizen or LPR. You can also include your children under 21 years old if they have not filed for themselves.
- Child: You may file as an abused child (under 21, unmarried) of a U.S. citizen or LPR, or you may file as an adult child if you can demonstrate that the abuse occurred when you were under 21 and unmarried.
- Parent: You can file if you are the parent of a U.S. citizen, and you have suffered abuse by your U.S. citizen child.
Key Benefits
- Confidentiality: USCIS is prohibited from disclosing any information about the VAWA application to the abuser.
- Work Authorization: Upon approval of the Form I-360, petitioners are eligible to apply for work authorization.
- Deportation Protection: Filing a VAWA self-petition can also provide certain protections against removal from the United States.
Considerations
- Legal Representation: Given the complexities of VAWA petitions and the sensitive nature of the cases, it is advisable to seek legal representation. An attorney specializing in immigration law can help navigate the legal process, ensure the confidentiality of your case, and improve the chances of a favorable outcome.
VAWA provides a critical lifeline to immigrants suffering from domestic abuse, allowing them to obtain legal status independently of their abuser, which can be pivotal in escaping abusive environments and starting anew.
U-VISA
The U visa is a nonimmigrant visa in the United States designed specifically for victims of certain crimes who have suffered mental or physical abuse while in the U.S. and who are willing to assist law enforcement or government officials in the investigation or prosecution of the criminal activity. Here’s an overview of the U visa and its general application process:
Eligibility Criteria
To be eligible for a U visa, an applicant must:
- Be the victim of qualifying criminal activity that occurred in the United States or violated U.S. laws.
- Have suffered substantial physical or mental harm as a result of the crime.
- Possess information concerning the criminal activity.
- Have been helpful, be currently helping, or be likely to be helpful in the investigation or prosecution of the crime. This typically involves cooperation with law enforcement, prosecutors, or other relevant authorities.
Application Process
The application process for a U visa involves several steps and requires coordination with law enforcement:
- Certification: Obtain a certification from a law enforcement agency, which is a crucial part of the application. This certification confirms the applicant's helpfulness in the investigation or prosecution of the crime.
- Petition Submission: File the necessary forms and documentation with the U.S. Citizenship and Immigration Services (USCIS). The primary form used is the Petition for U Nonimmigrant Status. Supporting documents generally include personal statements, evidence of the crime, and proof of harm suffered.
- Review by USCIS: The USCIS reviews the application, which may take an extended period due to high demand and the thorough nature of the review process.
- Wait Time and Work Authorization: Due to potential backlogs, applicants might face long waiting times. However, preliminary benefits such as work authorization may be granted while the U visa application is pending.
Key Considerations
- Limited Number of Visas: The U.S. government issues a limited number of U visas each year, which can affect wait times.
- Duration of Stay: The U visa is typically valid for four years. Under certain circumstances, visa holders may apply for an adjustment of status to become lawful permanent residents (green card holders).
- Family Members: U visa applicants may include certain family members in their petition, depending on the applicant’s age and the family member’s relationship to the applicant.
Confidentiality and Support
- Confidentiality: The U visa application process is designed to protect the identity and privacy of the victim. Information provided to USCIS is treated confidentially to ensure that applicants are not placed at further risk.
- Legal Representation: Given the complexities and sensitivities involved in the U visa application process, it is advisable to seek legal representation. An attorney can help ensure that all procedural requirements are met and can provide support through the application process.
The U visa serves as a critical tool for aiding immigrants who have been victims of serious crimes and encourages cooperation with law enforcement to address criminal activities effectively.
T-VISA
The T visa is a nonimmigrant visa specifically designed for victims of human trafficking who are present in the United States as a result of trafficking. The visa allows these individuals to remain in the U.S. to assist in an investigation or prosecution of human trafficking cases. Here’s a general overview of the T visa and the application process:
Eligibility Criteria
To qualify for a T visa, an applicant must:
- Be a victim of severe forms of trafficking in persons, which includes sex trafficking and labor trafficking.
- Be physically present in the United States, American Samoa, the Commonwealth of the Northern Mariana Islands, or at a port of entry due to trafficking.
- Comply with any reasonable request from law enforcement for assistance in the investigation or prosecution of human trafficking (unless unable to cooperate due to physical or psychological trauma).
- Demonstrate that they would suffer extreme hardship involving unusual and severe harm if removed from the United States.
Application Process
The application process for a T visa involves several general steps:
- Certification and Law Enforcement Cooperation: Obtain a certification or declaration from a law enforcement agency, which confirms the applicant's status as a victim of trafficking and their cooperation (or potential to cooperate) with law enforcement in the investigation or prosecution of the trafficking case.
- Petition Submission: File the necessary forms and supporting documentation with the U.S. Citizenship and Immigration Services (USCIS). This includes evidence of trafficking, proof of harm suffered, and any other relevant legal documents.
- Review by USCIS: The application is reviewed by USCIS, which may involve a lengthy process due to the complex nature of trafficking cases and the need to thoroughly assess all provided evidence.
- Benefits: If approved, the applicant may receive a T visa that allows them to stay in the U.S. for up to four years, with eligibility to apply for certain government benefits typically reserved for refugees.
Key Considerations
- Number of Visas: There is a cap on the number of T visas that can be issued annually, although this cap has rarely been met in past years.
- Family Members: Eligible family members of the T visa holder may also apply for T visas, depending on their relationship and the applicant's age.
- Adjustment of Status: T visa holders may apply for a green card (adjust to lawful permanent resident status) after three years of continuous presence in the U.S. on T visa status, or upon completion of the investigation or prosecution, whichever occurs earlier.
Confidentiality and Legal Support
- Confidentiality: The details provided by T visa applicants are handled with high confidentiality to protect the safety of the individuals and their families.
- Legal Representation: Due to the complexities involved in trafficking cases and the T visa application process, it is highly recommended to seek legal assistance. Legal experts can help navigate the legal system, ensure proper documentation, and provide the necessary support through the application process.
The T visa provides crucial support to trafficking victims, allowing them to remain in the U.S. safely and to assist law enforcement in addressing human trafficking crimes.
TPS
Temporary Protected Status (TPS) is a temporary immigration status provided to nationals of certain countries experiencing severe temporary conditions, such as ongoing armed conflict, environmental disaster, or extraordinary and temporary conditions, that temporarily prevent its nationals from returning safely. Alternatively, the country might not be able to handle the return of its nationals adequately. The Secretary of the U.S. Department of Homeland Security (DHS) designates which countries are eligible for TPS.
Eligibility Criteria
To be eligible for TPS, an individual must:
- Be a national of a country designated for TPS, or a person without nationality who last habitually resided in the designated country.
- File during the open initial registration or re-registration period, or meet the requirements for late initial filing during any extension of the country's TPS designation.
- Have been continuously physically present in the United States since the effective date of the most recent designation date of their country.
- Have continuously resided in the U.S. since the date specified for their country (the date may differ from the TPS designation date).
Individuals are not eligible for TPS if they:
- Have been convicted of any felony or two or more misdemeanors committed in the United States.
- Are found inadmissible as an immigrant under applicable grounds in INA section 212(a), including non-waivable criminal and security-related grounds.
- Are subject to any of the mandatory bars to asylum, such as participating in the persecution of another individual or engaging in or inciting terrorist activity.
- Fail to meet the continuous physical presence and residence requirements.
- Fail to register for TPS, as required, without good cause.
Application Process
- Application: Applicants must file Form I-821, Application for Temporary Protected Status. Depending on individual circumstances, they may also need to file Form I-765, Application for Employment Authorization, to receive a work permit.
- Documentation: Applicants must provide evidence of their nationality, date of entry into the U.S., and continuous residence, such as passport pages, birth certificates, and proof of residence like lease agreements, utility bills, employment records, etc.
- Fees: There are fees associated with the filing of Form I-821 and I-765, but fee waivers may be available for those who cannot afford them.
- Biometrics: Applicants may need to provide biometrics information (fingerprints, photo, and signature) at a designated USCIS facility.
- Decision: USCIS reviews the application and documentation. Approval grants TPS status, and, if applied for, a work permit. TPS does not lead to permanent resident status, but TPS beneficiaries may apply for nonimmigrant status, file for adjustment of status based on an immigrant petition, or apply for any other immigration benefit or protection for which they may be eligible.
Duration and Renewal
- TPS is granted for periods of 6 to 18 months and may be extended by DHS if unsafe conditions in the designated country persist.
- TPS beneficiaries must re-register during each extension period to maintain their status and work authorization.
Countries currently designated for TPS are periodically reviewed, and their designations are extended, redesignated, or terminated based on conditions in the country. It's crucial for beneficiaries to stay informed about the status of their country's designation and re-register promptly if they wish to maintain their status under TPS.
DACA
Deferred Action for Childhood Arrivals (DACA) is an American immigration policy that allows certain individuals who were brought to the United States as children and who meet several guidelines to request consideration for deferred action from deportation. Individuals granted deferred action under DACA may also be eligible for work authorization. DACA does not provide lawful status or a path to citizenship, but it does confer a lawful presence.
Eligibility Criteria
To be eligible for DACA, applicants must meet the following requirements:
- Age Requirements: They must have been under the age of 31 as of June 15, 2012. They must have come to the United States before reaching their 16th birthday.
- Residency Requirements: They must have continuously resided in the United States since June 15, 2007, up to the present time.
- Presence at Time of Application: They must have been 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.
- Educational Requirements: They must be currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or be an honorably discharged veteran of the Coast Guard or Armed Forces of the United States.
- Criminal Background: They must not have 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.
Application Process
- Forms and Documentation: Applicants must submit Form I-821D (Consideration of Deferred Action for Childhood Arrivals), Form I-765 (Application for Employment Authorization), and Form I-765WS (Worksheet establishing economic need for employment). Required documents typically include proof of identity, proof of arrival before age 16, proof of presence in the U.S. on June 15, 2012, and proof of continuous residence since June 15, 2007.
- Fees: There are fees associated with the filing of the employment authorization and biometrics collection, but no fee for the DACA request itself.
- Biometrics Appointment: After the application is submitted, the applicant will receive an appointment notice to visit a USCIS office for biometrics collection (fingerprints).
- Background Check: USCIS conducts a background check, including a check of applicable national security and criminal databases.
- Decision: USCIS assesses each application on a case-by-case basis. If approved, DACA and work authorization are generally granted for two years and may be renewed.
Current Status
As of 2020, the U.S. Supreme Court ruled that the way the administration sought to terminate DACA was unlawful. However, the policy's future remains uncertain, with ongoing court cases and potential legislative changes affecting its implementation.
Renewals
DACA recipients are encouraged to apply for renewal between 150 and 120 days before their current period of deferred action expires. Timely renewal is crucial to avoid any lapse in the period of deferred action or employment authorization.
DACA remains a significant policy for hundreds of thousands of undocumented young people, providing them with opportunities for work and a degree of protection from deportation, though it leaves them in a state of temporary relief without a permanent resolution.