Adjustment of Status
Class Action Suit Challenges Government’s Denial of TPS Holders’ Green Cards
In violation of the Immigration and Nationality Act, USCIS denies the green card applications of Temporary Protected Status (TPS) holders who first entered the United States without going through an inspection process at a port of entry, ignoring the fact that they subsequently were inspected and admitted when they were granted TPS. Read More
Lawsuit Asks Government to Stop Blocking Temporary Protected Status Holders from Applying for Green Cards
Temporary Protected Status (TPS) is an important humanitarian protection for people who are in the United States when certain natural disasters or civil conflict strike their home countries, making it unsafe for them to return. Despite the fact that conditions in many of these countries have not improved since their… Read More
Ending Obstacles for Temporary Protected Status Recipients Seeking Legal Permanent Residence
The American Immigration Council has filed a class action lawsuit against officials at the U.S. Citizenship and Immigration Services and U.S. Department of Homeland Security in a federal district court in New York, challenging the government’s unlawful practice of depriving certain Temporary Protected Status (TPS) holders with close family relationships or employment in the United States from becoming lawful permanent residents. Read More
What Salvadorans With Temporary Protected Status Should Know Now
Secretary of Homeland Security Kristjen Nielsen announced on Monday that the Temporary Protected Status (TPS) designation for El Salvador would be terminated. The decision to terminate TPS for some 200,000 Salvadorans comes on the heels of months of advocacy, which focused on their decades-long lawful residency in the United… Read More
USCIS Is Receiving a Record Number of Citizenship Applications
The average processing time for United States citizenship applications used to take five to seven months – already a lengthy timeline for immigrants waiting to get their citizenship vetted and approved. A spike in applications before and after the 2016 presidential election has caused that wait time to double. Yet,… Read More
A Variety of Legislation Has Been Introduced in Congress to Protect Dreamers
The announcement of the end of the Deferred Action for Childhood Arrivals (DACA) initiative has hit home for many. The public has demonstrated a strong distaste for taking away young, undocumented immigrants’ work permits and targeting them for deportation. Thus the clock is now ticking and pressure is on… Read More
Temporary Protected Status Terminated for Sudan, Extended for South Sudan. Who Is Next?
With the stroke of a pen, the Secretary of Homeland Security upended the lives of over 1,000 Sudanese nationals living in the United States with the announcement this week that Temporary Protected Status (TPS) for Sudan has been terminated. However, nationals of South Sudan fared better, with an 18-month… Read More
USCIS Adds Extra Hurdles for Legally Residing Immigrants
The Trump administration continued its attack on legal immigration this month, announcing that it will start requiring additional in-person interviews for tens of thousands of individuals who have already undergone extensive screening and have been successfully living and working in the United States for years. These unnecessary interviews are likely… Read More
Adjustment of Status Under § 245(i) for Noncitizens Previously Removed
Duran Gonzalez is a Ninth Circuit-wide class action challenging DHS’ refusal to follow Perez-Gonzalez v. Ashcroft, 379 F.3d 783 (9th Cir. 2004). In Perez-Gonzalez, the Ninth Circuit had said that individuals who had been removed or deported could apply for adjustment of status (under INA § 245(i)) along with an accompanying I-212 waiver application. In Duran Gonzales v. DHS, 508 F.3d 1227 (9th Cir. 2007), the Ninth Circuit overturned Perez-Gonzalez, deferring to the BIA’s holding that individuals who have previously been removed or deported are not eligible to apply for adjustment of status. See Matter of Torres-Garcia, 23 I&N Dec. 866 (BIA 2006). The Court subsequently said, however, that some plaintiffs may be able to establish that the new rule should not apply retroactively. Read More
Arriving Noncitizens and Adjustment of Status
This practice advisory identifies who falls under the classification of “arriving noncitizens,” discusses the regulations delineating USCIS vs. EOIR jurisdiction over adjustment applications of arriving noncitizens in removal proceedings and suggests strategies to facilitate the adjustment of status of eligible parolees in removal proceedings before they are removed. Read More
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