Asylum in USA

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Category: Immigration To The USA

Asylum in USA

Understanding Asylum Law in the U.S. – A Guide for Immigrants

September 25, 2024

Over the years, the complexity of asylum law in the United States has left many potential applicants feeling overwhelmed and uncertain. This guide is designed to provide you with a clear understanding of the asylum process, including eligibility requirements, application procedures, and important timelines. You will gain important insights that can empower you to navigate your journey with confidence and make informed decisions regarding your future in the U.S. As you read through this guide, you will find the information necessary to successfully approach your asylum claim.

Types of Asylum Seekers

For individuals seeking refuge in the United States, there are different types of asylum seekers based on their circumstances and the processes they must follow. Understanding these categories can help you determine your options and the best course of action for your case. Here are some of the main types of asylum seekers:

Type of Asylum SeekerDescription
Affirmative Asylum SeekersIndividuals who apply for asylum voluntarily and are not in removal proceedings.
Defensive Asylum SeekersIndividuals who seek asylum as a defense against removal from the U.S.
Unaccompanied MinorsChildren under 18 who arrive without a parent or legal guardian.
Women and ChildrenWomen or minors fleeing domestic violence or other threats in their home countries.
Circumstantial Asylum SeekersThose who may fall under various categories, including those seeking protection from persecution due to their sexual orientation or political beliefs.

This classification helps to address the unique needs and legal landscapes faced by each group as they seek safety and security in the U.S.

Affirmative Asylum Process

To navigate the affirmative asylum process, you will need to file your application with the U.S. Citizenship and Immigration Services (USCIS) within one year of your arrival in the country. You must demonstrate that you have a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group. After your application is submitted, you will be scheduled for an interview with an asylum officer who will assess the credibility of your claims.

Following the interview, if your application is approved, you may be granted asylum status. This status allows you to remain in the U.S., obtain work authorization, and potentially apply for your family members to join you. If denied, you have the option to request a review of the decision or pursue defensive asylum if you are placed in removal proceedings.

Defensive Asylum Process

If you are facing removal from the U.S., your pathway may involve the defensive asylum process. This method is initiated when you apply for asylum as a form of defense in removal proceedings. You will present your case before an Immigration Judge, where you have the opportunity to argue your application and outline the persecution you fear should you be returned to your home country. You must provide evidence and testimony that supports your claim to establish eligibility for asylum protection.

Process timelines can be unpredictable, as hearings and decisions rely on the court schedule. Following the judge’s decision, you will have the choice to appeal if your request is denied, keeping in mind that the overall process could be prolonged and require thorough preparation.

Important Factors in Asylum Applications

If you are considering applying for asylum in the United States, it is important to understand that several key factors will influence the outcome of your application. These factors can determine not only the success of your application but also the speed at which it is processed. The following list highlights some of the important elements to focus on during this journey:

  • Your personal testimony and credibility.
  • The quality and relevance of any supporting evidence.
  • Your country of origin and the conditions therein.
  • The timeliness of your application.
  • Legal representation and advocacy.

This understanding can help you prepare a stronger case and navigate the asylum process more effectively.

Credibility and Evidence

For your asylum application to be successful, your credibility will play a significant role. Immigration officials are trained to assess the authenticity of the claims you make during your interview and throughout the application process. Any discrepancies in your testimony or inconsistencies with your submitted evidence can negatively impact your case. Therefore, it is vital to be honest and provide a clear, coherent narrative regarding your experiences.

Equally important is the evidence you provide to support your claims. This can include personal statements, witness declarations, and corroborating documents that substantiate your fears of persecution. Make sure that your evidence is organized, relevant, and clearly linked to the basis of your claim. Building a strong foundation with credible evidence can greatly enhance your chances of a favorable decision.

Grounds for Asylum

The criteria for qualifying for asylum in the U.S. center around specific grounds. You must demonstrate that you have been persecuted or have a well-founded fear of persecution in your home country due to your race, religion, nationality, political opinion, or membership in a particular social group. This can include situations of violence, discriminatory practices, or targeted threats that can affect your safety and freedom.

Plus, being able to articulate your grounds for asylum convincingly can help dictate the strength of your case. It is advisable to gather as much information as you can about the current situation in your home country, as well as any personal incidents that have led you to seek asylum. This approach will significantly benefit your application and help demonstrate that your fears of returning home are justified.

Step-by-Step Guide to Applying for Asylum

It is vital to follow a systematic approach when applying for asylum in the United States. The application process can be complex, and understanding each step will help streamline your efforts. Below is an organized outline of the key stages you will go through to apply for asylum, from preparing your application to attending the necessary interview.

Steps in the Asylum ProcessDetails
1. Determine EligibilityAssess your situation and ensure you meet the qualifications for asylum.
2. Complete the ApplicationFill out Form I-589, Application for Asylum and for Withholding of Removal.
3. Gather Supporting DocumentsCollect evidence that supports your claim for asylum.
4. Submit Your ApplicationFile your completed application and pay any necessary fees.
5. Attend the InterviewMeet with an asylum officer to discuss your application.

Preparing Your Application

You will want to start by determining your eligibility for asylum, which requires a well-founded fear of persecution in your home country. Once you’ve confirmed your eligibility, fill out Form I-589 accurately, providing detailed information about your identity, reasons for seeking asylum, and any incidents of persecution you’ve experienced. It’s beneficial to seek assistance from legal counsel or an organization specializing in immigration law to help navigate this process effectively.

You should also gather supporting documents that reinforce your asylum claim. This may include personal statements, affidavits from witnesses, news articles, and expert reports regarding the conditions in your home country. Ensure all documents are in English or include certified translations, as this will facilitate a smoother review and expedite your application process.

Attending the Interview

Any discrepancies during your interview could affect the outcome of your asylum application, so it is vital to prepare adequately. You will be scheduled for an interview with an asylum officer, during which you will be asked to recount your experiences and the reasons for your asylum claim. Approach this conversation thoughtfully and honestly, as consistency in your responses is key in establishing your credibility.

Understanding your rights and the interview process itself will significantly benefit your experience. Familiarize yourself with the typical questions that may arise during the interview and practice your responses. In addition, consider having a trusted person accompany you for emotional support, as the interview may be a stressful situation. By preparing thoroughly, you increase the likelihood of a favorable outcome on your asylum claim.

Tips for a Successful Asylum Application

Despite the complexities involved in the asylum application process, there are several strategies you can employ to improve your chances of success. First and foremost, it is crucial to prepare thoroughly. Here are some key tips to consider:

  • File your application as soon as possible to meet the one-year deadline.
  • Clearly articulate your fear of persecution in the application.
  • Gather and include all relevant supporting documents.
  • Stay organized and keep copies of your application and all correspondences.
  • Be prepared for the asylum interview by practicing your testimony.

The clearer and more comprehensive your application is, the better your chances of obtaining asylum. You must present a well-documented case that supports your claims and demonstrates the reason for your fear of returning to your home country.

Legal Representation

Assuming you decide to seek legal assistance, obtaining skilled legal representation can significantly impact your asylum case. An experienced immigration attorney can guide you through the intricacies of the law, help you prepare your application, and represent you during the asylum interview and any hearings. They can also assist in gathering and presenting evidence to substantiate your claims, which can prove vital in the adjudication of your application.

Investing in legal representation can offer you a sense of security and expertise that is often difficult to achieve alone. An attorney can help you identify strengths and weaknesses in your case while ensuring you adhere to all legal requirements set forth by U.S. immigration law. Their support may make the entire process less stressful, allowing you to focus on presenting your story effectively.

Gathering Supporting Documents

Successful asylum applications hinge on robust supporting documentation that corroborates your claims. This documentation may include personal statements, medical records, police reports, or any evidence that demonstrates your fear of persecution in your home country. You should strive to collect various forms of evidence that validate your narrative and enhance your credibility in the eyes of the adjudicator.

Supporting documents provide tangible proof of your situation and fears, which can make a significant difference in your application. Be sure to include personal accounts, letters from witnesses, and any news articles that outline the situation in your home country. The more comprehensive your evidence, the stronger your application will be, thereby improving the likelihood of a favorable decision. Gathering these documents may take time, so it’s beneficial to start early and remain organized throughout this process.

Pros and Cons of Seeking Asylum

After considering the implications of seeking asylum in the United States, it is vital to weigh both the advantages and disadvantages. Each individual’s circumstances are unique, and the choice to seek asylum should be made with a comprehensive understanding of what it entails. The following table outlines some key pros and cons to aid you in your decision-making process.

ProsCons
Provides protection from persecution in your home countryLengthy process that can take years to resolve
Grants the right to remain in the U.S. legallyPotential for denial of your asylum application
Access to work authorization after a waiting periodRestrictions on travel outside the U.S.
Eligibility for certain welfare benefitsEmotional stress and anxiety during the process
Opportunity to rebuild your life in a safer environmentFamily separation if you have dependents
A pathway to permanent residencyComplications with legal representation
Formation of community support networksDifficulty in proving eligibility for asylum
Increased awareness of your situationDiscrimination or negative stereotyping
Potential for humanitarian reliefLimited access to legal resources
Ability to seek redress for human rights violationsOngoing uncertainty about your future

Advantages of Asylum Status

Cons of seeking asylum may be overwhelming, yet it’s important to focus on the numerous advantages that come with achieving asylum status. Upon receiving asylum, you will be protected from the threats that forced you to flee your home country. You gain legal residency in the U.S., which opens up opportunities for employment and the ability to provide for yourself and your family. Moreover, asylum status allows you to access vital services and programs that support your well-being as you transition into your new life. You may also eventually apply for permanent residency, which paves the way for more stable and long-term planning for your future.

Challenges Faced by Asylum Seekers

Asylum processes can be notably challenging and can evoke emotional and psychological stress. Asylum seekers often face significant obstacles, including navigating the complex legal system and understanding the intricate procedures involved in filing an application. Additionally, you may encounter hurdles related to legal representation, as obtaining a knowledgeable lawyer can be financially burdensome and resource-intensive. The uncertainty surrounding your case status can create immense anxiety, and the fear of returning home can lead to prolonged distress.

Challenges can also result from cultural differences and language barriers, which might hinder effective communication throughout your asylum process. Furthermore, the stigma of being an asylum seeker can contribute to feelings of isolation and discrimination in your host community. Many asylum seekers experience difficulties integrating into American society, as they may lack a support network and face barriers in accessing vital services or employment opportunities. Recognizing these challenges allows you to better prepare for your journey in seeking asylum.

Frequently Asked Questions about Asylum Law

Many immigrants seeking asylum in the U.S. often have a variety of concerns and questions about the process. It is imperative to address these common concerns to help you feel more informed and prepared as you navigate the complexities of asylum law. One of the most frequent worries involves the potential risks associated with applying for asylum, including the fear of being detained or deported. It is important to understand that if you meet the definition of a refugee and apply for asylum within the designated timeframe, you have certain legal protections that can safeguard your status in the U.S. during the application process.

Common Concerns

The questions surrounding the asylum process can also extend to the duration and outcome metrics of your application. You might wonder how long it will take to receive a decision on your asylum case or what to expect if your application is denied. The asylum process can vary greatly in length, influenced by numerous factors, including the complexity of your case and the current backlog of cases in the immigration court system. If your application is denied, however, you still have options, including the possibility of appeal, which emphasizes the need to have a knowledgeable attorney by your side to guide you through various stages of the process.

Misconceptions about the Asylum Process

About the asylum process, many misconceptions exist that can cloud your understanding and impact your situation. A prevalent myth is that asylum seekers are automatically granted asylum upon submission of their applications. In reality, the process involves a rigorous evaluation, including interviews and possible court hearings, to assess the legitimacy of your claim. Additionally, some people believe that you must apply for asylum immediately upon entering the U.S., whereas the law allows you to apply within one year of your arrival, although there are important exceptions to this rule.

Understanding these misconceptions is vital to ensure that you approach the asylum process with realistic expectations. For instance, some individuals may mistakenly think that it’s easy to obtain asylum if they are fleeing persecution, but the legal standards are stringent, requiring well-documented evidence to support your claim. Staying informed about the nuances of the asylum process will empower you to make sound decisions and adopt the right strategies for your case. Consulting with an experienced immigration attorney can further enhance your understanding and help dispel any myths you may encounter along the way.

Conclusion

Considering all points, understanding asylum law in the U.S. is necessary for you as an immigrant seeking safety and refuge. The process can be complex, but being well-informed about your rights, the application process, and the criteria for eligibility empowers you to navigate the system more effectively. With the right knowledge, you can present your case confidently and enhance your chances of a positive outcome.

As you continue your journey, make sure to stay updated on legislative changes and seek professional guidance when necessary. Asylum law can evolve, and having access to current information is key. Your pursuit of asylum is not just a legal process; it represents a significant step towards a new beginning, and being well-prepared can make all the difference in achieving the safety and stability you seek.

Immigration To The USA, Uncategorized

Ukrainians Need Ukrainian Adjustment Act!

January 3, 2023

Ukrainian Refugees Seek Jobs And Normalcy, But Find It Hard To Do So

According to the government authorities, nearly a quarter of a million Ukrainian refugees who have escaped the Russian invasion of Ukraine have arrived in the United States. Many of these people are leaving behind family members and friends, their lives and their livelihoods. Some of those left behind are unsure of when they will see each other again.

Refugees Who Have Been Uprooted From Their Lives

It is a long journey for those escaping the fighting, who are traveling to America. Indeed, the number who make it to the US represents a much smaller part of those fleeing. Estimates of as many as 12 million Ukrainians have fled after Russia invaded their country in February of last year, with many still trying to leave. Of those who arrived in America, some came in as recently as last month.

Many of the immigrants desire to work, study, and attend college. These refugees are hardworking, well-educated people. They have skills and qualifications. Many are not content to sit back and feed off the system.

Obstacles To Establishing Themselves

Despite their skills, the refugees face many challenges as they try to integrate themselves into American society. Ukrainians are frequently prevented from working in their sector of choice due to linguistic problems. Some are having difficulties trying to enrol in college or obtaining professional certificates for their previous fields.

Since most Ukrainian refugees are women and children, they must also deal with childcare difficulties. In addition, they may encounter challenges such as American institutions not acknowledging their degrees or a lack of assistance in their search for white-collar jobs. For many, the job market here shares little with what they are more familiar with back home.

These Refugees Can Fill A Need

For the most part, American society needs the skills and qualifications these refugees bring. In some states, there are hundreds of thousands of job vacancies, and the Ukrainian refugees bring with them applicable skills. Whether there is sufficient help from companies and community-based organizations to assist the refugees in making the required changes is the question.

These are professionals with advanced skills, such as scientists, medical professionals, military officers, educators, and technicians. They can fill roles that American society desperately needs, yet they are among those frantically looking for employment. They have more to offer than the typical refugee employment in factories, warehouses, and retail establishments.

Overcoming The Challenges They Face

For immigrants or refugees, finding employment requires more than just being in the right place at the right time. It also requires knowledge of potential hiring process differences in the US.

Career development specialists advise people to start looking for employment or job titles that are comparable to their previous careers, then get in touch with the recruiting managers of those companies. Without a network of links, things can be difficult.

In an effort to provide some assistance, more than a few support groups have been formed in many US cities. These groups offer aid to arriving refugees, helping them find housing. Some also assign guides to the refugees that help them assimilate into American society.

Calls For The Government To Step In

The United States Government made a significant announcement has made it possible for Ukrainian refugees to enter the country easily. In April, President Biden pledged to accept Ukrainian refugees escaping Russia’s invasion. Arrangements were made mechanism for Ukrainian nationals and members of their close relatives who live abroad to enter the US and stay for a brief two-year parole period.

However, a lot of people want the government to take greater action. Some contend that the refugees require long-term protection as well. They demand that the government provide long-term assistance and a stable route to creating a life and a long-term status.

The Current Situation In Ukraine

Some experts predict that the Russian war effort may come to a rather anticlimactic end. With no end in sight, some are suggesting that a tentative ceasefire with both sides making compromises is the best option. Faced with stiffer than expected resistance, the Russian offensive has been subjected to a prolonged conflict, which has ground to a stalemate.

The strain on the Russian chain of command is showing, with strategic attacks becoming more sporadic. Indeed, the Russian offensive is showing misfires, with a stray missile entering Belarusian airspace just yesterday. Russia is deliberately targeting infrastructures such as power generation and road networks, trying to cripple Ukrainian morale.

Those less than stellar tactics are having a devastating effect on communities and those who still remain in Ukraine. More so as nine months have passed since the start of the Russian invasion and Ukraine is now in the dead of winter. Snow has covered all of the demolished buildings in Ukraine, and the untouched buildings are left without heating or power.

But those who managed to reach the US are in desperate need of help. In the best-case scenario, a person would qualify for a TPS or parole for 2 years, but those options are not leading to a green card or permanent residency, and are only a temporary “fix” for a problem. A Ukrainian Adjustment Act, a law that would allow eligible Ukrainians to file for green cards would help to provide some stability for the nationals left without a home and will help to unite families which are separated by the war…

Deportation, Immigration To The USA

HOW DOES ICE KNOW WHERE TO FIND YOU? APPARENTLY, YOU TOLD THEM (WELL, NOT EXACTLY)

September 6, 2022

Author: New York Immigration Lawyer Alena Shautsova

Many undocumented individuals residing in the United States are afraid to leave a paper trail like opening a bank account or even visiting a hospital because they are concerned that this information will be used by the government to deport them. Apparently, such worries have grounds. A lawsuit was filed LexisNexis- a data broker- to cut over allegedly selling personal data of immigrants to Immigration and Customs Enforcement (ICE). The lawsuit claims that LexisNexis helped in creating a large number of surveillance files on almost every adult in the United States. Immigration and Customs Enforcement(ICE) is also accused of using this information in safe cities for immigrants. Plaintiffs in this lawsuit include Organized Communities Against Deportation, Mijente, Just Futures Law, Legal Action Chicago, and Coalition for Immigrant and Refugee Rights.

It has been reported that the information provided to Immigration and Customs Enforcement by LexisNexis, is data that otherwise can only be obtained with a court order, subpoena, or some other legal processes. Access to this information allows Immigration and Customs Enforcement to easily (without a due, fair process) arrest and deport immigrants without complete documentation.

Reporting at a meeting of the Cook County Board of Commissioners, a member of the Illinois Coalition of Immigrant and Refugee Rights and Access Living identified as Michelle Garcia started how she used LexisNexis to search her records, and found an overwhelming amount of personal data collected on her. Her personal information which she found included information that she wouldn’t ordinarily share. Not only was her personal information found there, but also information on her family members and neighbors whom she shares the same apartment complex with.

In Michelle Garcia’s words, “LexisNexis collected 43 pages of information about me, my family, and my acquaintances. It was extremely disturbing, scary, and overwhelming to see everything in writing that they have collected about my life as a Cook County resident. … This information is in the hands of a third party like LexisNexis, and then potentially in the hands of ICE, putting my loved ones and other community members at risk. I have the privilege of citizenship. But if I were one of the millions of undocumented people living in the U.S., ICE could find me within a matter of hours by searching through a report like mine. ICE is still free, has free rein to go after anyone they believe is deportable.”

When asked to lay out the details of the lawsuit and the significance of filing it in the State of Illinois, Cinthya Rodriguez, the national organizer with Mijente, disclosed how LexisNexis is gathering and selling the data of over 276 million people across the United States, especially with the aid of their Accurint product.

Cinthya Rodriguez went on to state how they want to shed light on the violation of privacy and consumer rights in the State of Illinois and the state’s common laws. As one of the biggest data brokers in the world, LexisNexis is “getting rich off the backs” of people by collecting and selling personal information, especially of community members. This in turn could lead to their arrest, detention, and deportation.

Previously, commissioners of Cook County in Illinois led an investigation to unravel the local consequences of the $22.1 million contract deal between LexisNexis and the Immigration and Customs Enforcement. Reports also have it that LexisNexis is not the only firm entering into this kind of contract with ICE.

A major unsettling fact about the issue is the ability of these agencies to gather a vast amount of personal data, including data that is not publicly available. Hence, a major reason why various immigrant advocacy communities entered the lawsuit is that they believe that the ICE is using this information collected illegally to bypass the non-compliance of cities and towns to detain undocumented immigrants.

In her interview with Democracy Now, Cinthyia Rodriguez further highlighted some ways data are collected. She described organizations like LexisNexis as a one-stop shop for data items such as phone numbers, addresses, license plate information, medical information, credit scores, and more. She stated that “tabs are kept on immigrant communities, communities of color, and protesters.” This is harming the well-being of these persons. Besides, none of this information including items such as social security numbers is collected without the owner’s consent.

It is sad to note that the privacy of the common U.S. citizen is severely threatened by such acts of impudence demonstrated by a government agency and data broking establishment. This is a breach of the fundamental rights of people, a right to privacy.  

Criminal Law, Deportation, Immigration To The USA

IMMIGRANTS NUMBERING THOUSANDS CAN BE DETAINED INDEFINITELY ACCORDING TO THE SUPREME COURT’S RULINGS

June 22, 2022

IMMIGRANTS NUMBERING THOUSANDS CAN BE DETAINED INDEFINITELY ACCORDING TO THE SUPREME COURT’S RULINGS

Author: New York Immigration Lawyer Alena Shautsova

As the issue of immigration in the U.S. seems to be a never-ending rigmarole subject, new developments are expected at every turn. Most recently, the Supreme Court ruled that immigrants detained in the United States are not entitled to a bond hearing in certain situations. This ruling means that the thousands of immigrants currently held in detention facilities with open immigration cases can remain in detention indefinitely! It does not apply to all immigrants, but rather to those who already have orders of removal, but cannot depart or have additional hearings that must be conducted.

In addition to the Supreme Court’s ruling, the high court also ruled that federal courts do not possess the legal authority to grant class-wide relief to immigrants held in detention. This means that, if detainees want to petition their right to a bond hearing in the future, they can only present their cases individually. This is coupled with the fact that immigrants are not allowed to have legal representation during immigration proceedings.

The ruling of the Supreme Court seems to maintain the existing state of affairs as it concerns the issue of immigration. Many immigrants are currently detained in facilities that are more like prisons. Many immigrants have not been charged with any crime but do not possess the right to a hearing to justify their detention. Some of the immigrants are held in facilities belonging to for-profit corporations such as Geo Group and a host of others. The Court ruling also maintains that immigrants can’t have a bond hearing unless the U.S. government says so. This means that the U.S. government has the discretionary right to decide the fate of detainees. In other words, it will be up to DHS/ICE if the person is released from the detention or not, and if ICE/DHS does not want to release the person, they can keep them there technically, forever.

These  rulings dashes the hopes of immigrants who have been held long enough in detention. The cases which are Johnson v. Arteaga-Martinez and Garland v. Aleman Gonzalez were brought to court by undocumented immigrants who contested they are being held in detention centers for far too long. Their argument was focused on the fact that immigrants who have been held in detention for up to six months or more should be entitled to an individualized bond hearing where the U.S. government has to prove the need for their continued detention.

The immigrants sued the U.S. government while leveraging on a 1996 immigration statute which states that an unauthorized immigrant “may” remain in detention for an extended period if they fail to meet certain criteria. The immigrants argued that since the statute uses “may be detained” instead of “shall be detained,” the right of discretion rests with the judges, hence entitling them to a hearing. The case was further appealed to the Supreme Court where representatives of the Biden administration argued that the law permits the Attorney General of the United States to indefinitely detain illegal immigrants while their cases are undergoing litigation.

Before the Supreme Court’s ruling, the Ninth Circuit Court of Appeals ruled in 2020 that detainees are entitled to a bond hearing. Since the Garland case was presented as a class-action lawsuit, the Ninth Circuit Court of Appeals granted a class-wide relief, thereby extending the right to a bond hearing to every person named in the suit.

However, the Supreme Court countered this ruling declaring that detainees are not entitled to such a bond hearing, hence a class-wide relief can’t be granted on that basis. Therefore anybody who wishes to exercise their right to a bond hearing in whatever form has to do it individually.

Certain observers feel that it is a bit unfair not to grant unauthorized immigrants the right to legal representation, whereas criminals in the U.S. are allowed legal representation. “Especially since their only offense is that they are in search of greener pastures,” according to an observer. Leah Litman, a professor at the University of Michigan Law School filed a brief in support of Gonzalez. She holds the opinion that the decision of the Supreme Court is completely unworkable and unrealistic. Furthermore, she asserted, “It makes it impossible to ensure that everyone who is potentially entitled to a bond hearing will get one.”

Aside from being denied a desired fair hearing, immigrants and advocates have since raised an alarm concerning the manner of treatment meted out to immigrants at the detention centers. Several facilities have been accused of abusing detainees. The Irwin County Detention Centre was shut down alongside another in May 2021. A gynecologist was accused of carrying out forced sterilization on the detained women at the Irwin Center.

Matt Adams, the legal director of the Northwest Immigrant Rights Project who argued the Garland case opines that the decision of the Court raises ethical questions. This is a result of the fact that the ruling contradicts the fundamental principles upon which the U.S system is founded- “that government officials may not lock up a person without at least providing them their day in court to contest whether their confinement is justified.” Although he gives reassurance that the matter will still be pursued as it is not over yet.

Immigration To The USA, Uncategorized

Border security, backlogged courts and the political divide over immigration

May 27, 2022

Border security, backlogged courts and the political divide over immigration

Author: New York Immigration Lawyer Alena Shautsova

Since the end of the fiscal year 2021, the number of people who stopped trying to cross the southwest  of the United States border has not gone down. People fleeing the consequences of the failed governments in their home countries, climate change and aggressive and uncontrollable gangs. The Trump administration tried to stop the migration by proposing to build a physical barrier and involving Title 42- legal barrier to immigration. The Biden administration rejected the idea of a physical barrier, but continued with the legal barrier, trying to find solutions that would be acceptable for both democrats and republicans. It happened that the “border security” argument became the main point of discussion when both sides are trying to address the much needed immigration reform in the United States.

Undocumented non-citizens

Thousands of undocumented immigrants live in the U.S. Many entered the United States without inspection through the “border”, many overstayed their visas but initially entered “legally”. Some were ordered deported or removed on paper but have never been physically removed from the United States. The issue becomes not only an administrative law issue, but an issue of Human Rights: because of the years- long delays in the processing of the migrants’ cases, undocumented non-citizens often develop deep social and economic ties with the United States, and their physical removal can occur decades after their initial entry becomes more akin to criminal punishment in its consequences rather than administrative citation. When addressing the “security” at the border, one can successfully argue that a physical barrier, can slow down the migration to some extent, but will not and cannot resolve the problem. The problem of global migration can be resolved only through an effective processing system of the non-citizens, and creation of favorable conditions in their home countries, where the need to move and uproot your family would not exist in the first place.

These are hard goals to accomplish, as they require talent, resources, effective management, and dedication. One would have to carefully balance the due process rights of non-citizens, human rights laws, and government interests in establishing procedures that would be effective and fair.  We can all remember draconian measures of Trump administration where children, sometimes, only months-old young, were separated at the border from their parents, many of those children were never united with their parents ever again. https://www.nytimes.com/2020/10/21/us/migrant-children-separated.html. At the same time,  Biden’s administration’s policy to allow non-citizens to entered the United States and then wait for months for their Notices to appear in court, also is not a good solution: the persons were placed in a limbo status where the document that has to initiate the court proceedings against them in a court would not be filed with the court for months and months, preventing persons to present their cases and obtain relief for those who qualify.  It seems such a policy was installed to allow the courts to artificially reduce the amount of pending cases, reporting a smaller backlog…  But it is obvious that without hiring more Immigration judges, border security personnel, and asylum officers, the backlog will not and cannot be eliminated. Cases of non-citizens require human review, they cannot be rubber-stamped by a computer, and human review requires humans, it means MORE personnel. The questions become ones of resources rather than morals.

Why There is No Immigration Reform?

Many can remember promises Biden made during the elections… the US Citizenship Act of 2021 sounded too good to be true… and of course, it never, to date materialized. But why? The obvious answer would be that the parties cannot agree on the terms of the proposals. But if you read the proposals from both sides, at times, they are not so different. So, what is really in the way of passing Immigration reform? Some say it is an issue of border security… However, it is obvious that the “border security” is only one side of the many-sided shape of the Immigrant land shaft we are dealing with. What about people who have been in the United States for decades and paid taxes, and do not have any criminal convictions. Still, even for those people, who are essential workers, TPS holders, seasonal farmers or DACA holders still, there is no relief…. At the time, the Congress can approve in a matter of hours spending bills and surpass any relief necessary to let’s say small businesses in the United States. The logical answer to this question is that neither side wants to pass a bill that would solve an immigration issue in the United States. Perhaps, some believe that administrative violators should not be awarded, some cite economic consequences and labor market collapse in case migrants who are already in the United States, are employed and will receive an official authorization to work and pay taxes… (does not make any sense, but the argument still pops up). Perhaps, the true reason would be that the situation is comfortable for those who have never felt the burden of being a reject, a “half” citizen, who works for people with voting rights and serves them well, but those with the power to change their fellow-non-documented residents fate are reluctant to do so in fear of losing some advantages…

So if this is the true answer, do you believe that a true, comprehensive reform is ever possible? What has to change for it to happen? The author believes that it is possible, but only when the need for it will outweigh the benefits of non-action. Without advocacy, true dedication to reform the society, implement innovations, and spend money on internal issues, the Immigration reform will not happen. Underfunded courts cannot be effective. USCIS, Asylum and border security personnel need salaries and training. Perhaps, the root of the issues lies in the constant ignoring of needs in the administrative sector on a Federal and local level.  

Immigration To The USA

Jumpstart Legal Immigration System Act

April 6, 2022

Author: New York Immigration Lawyer Alena Shautsova

Jumpstart Legal Immigration System Act

Just recently a new Immigration reform proposal was introduced by the House Immigration and Citizenship Subcommittee Chair Zoe Lofgren (CA-19) introduced H.R. 7374. The Bill is called the “Jumpstart our Legal Immigration System Act”. The proposal recaptures hundreds-of-thousands of unused family- and employment-based visas and allows individuals who are in the U.S. and eligible for a green card – but for the lack of an available visa number – to apply for their green card upon paying a fee. 

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Asylum in USA, Uncategorized

U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT CEASES DEPORTATION TO RUSSIA, UKRAINE, AND SEVEN OTHER EUROPEAN COUNTRIES, DHS ANNOUNCED TPS FOR UKRAINE

March 7, 2022

U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT CEASES DEPORTATION TO RUSSIA, UKRAINE, AND SEVEN OTHER EUROPEAN COUNTRIES, DHS ANNOUNCED TPS FOR UKRAINE

With the large awareness of the Russia-Ukraine dispute, the current situation of the world is no longer news to anyone. Worst still, the insecurity caused by the Russia-Ukraine feud does not only affect both parties but also their surrounding neighbors. The affected countries include; Belarus, Georgia, Poland, Hungary, Moldova, Romania, and Slovakia.

Due to the insecurity posed by this feud, the U.S. Immigration and Customs Enforcement (ICE) has temporarily ceased the deportation of persons to Russia, Ukraine, Belarus, Georgia, Poland, Hungary, Moldova, Romania, and Slovakia. Illegal immigrants of all nine countries have been granted a temporary stay in the United States pending further decisions.

U.S. Immigration and Customs Enforcement Cessation Of Deportation

While publicizing the matter, a spokesman of the U.S. Immigration and Customs Enforcement(ICE) said that “amid the ongoing humanitarian crisis occurring in Ukraine, US ICE has paused repatriation flights to Ukraine. ICE will continue to monitor the ongoing situation and make operational changes as necessary.” One fact awaiting clarity is how long the temporary cessation of these flights would last.

Following a briefing earlier reported to CBS News, not only will the deportation of persons to Ukraine and Russia be halted, but also to seven other nations bounding the region of the continuous violence. As mentioned above, these nations include Belarus, Poland, Romania, Moldova, Slovakia, and Georgia. This halt of the repatriation process is in other to protect deportees from the fierce violence raging between Russia and Ukraine. It would rather be unfair, unsafe, and against the U.S. “ethics of national security,” to send deportees to such areas.

As of 3 March 2022, the U.S. Department of Homeland Security had reportedly set up a Temporary Protected Status(TPS) scheme. The TPS scheme was enacted to allow Ukrainians to access deportation protection and job permits. This was done to temporarily impede their return to their war-infested country, while also possessing a means of livelihood. The Temporary Protected Status was developed for non-permanent and does not permit recipients to acquire permanent residency in the United States.

Alejandro Mayorkas, the Homeland Security Secretary reassured in a statement that continued help and protection will be extended to the Ukrainian citizens in the United States in a period of uncommon times such as this.

The Russia-Ukraine Feud

Almost a million persons have reportedly fled Ukraine and more are believed to flee the country in the coming weeks. Hundreds have been reported dead. All thanks to the feud between Russia and Ukraine.

Russia and Ukraine were both parts of the old Soviet Union of which Russia was a major power.

Historical precedence suggests that war has never been the answer to any problem. Rather it has only destroyed the lives of many. War rarely ever solves any problem peace could not. Of a certainty, many world leaders aren’t particularly war-hungry people but people who just want to better their society to the best of their ability. A better understanding amongst leaders would help achieve a peaceful co-existence.

RELIEF FOR THOSE IN THE US

Here are possible solutions who are affected by this conflict.

  1. Asylum for those who can qualify. If for example,  a Russian national possesses strong political views in opposition to the current Russian government, he/she may seek asylum in the US if can prove persecution (past and/or future).
  2. Asylum may also be available for Ukrainian nationals depending on the controlling in Ukraine powers, and other qualifications.  At the time of conflict itself, however, it is too soon to tell how it may affect the asylum eligibility for the nationals of Ukraine.
  3. TPS for Ukrainian nationals. TPS for Ukrainian nationals will be available once the announcement and special notice are published in the Federal Registry. Currently, the announcement states that a person would have to show that they have resided in the US since March 1, 2022. TPS is not a green card; it will not (without a reform) lead to a green card. It will provide protection from the removal; will provide an open market work authorization, and the ability to apply for advance parole. As a rule, there are only very limited circumstances that would disqualify one from receiving TPS: certain criminal convictions.
  4. Humanitarian Parole may help those overseas.
  5. Non-Immigrant and Immigrant visas. Department of State periodically refreshes its guidelines on how and where to apply for Non-Immigrant and Immigrant visas for the nationals of Ukraine.

It is possible that the US government will announce more programs that would benefit Ukrainians, such as refugee status or parole. However, usually, it takes significant time for a person to qualify for refugee status: the vetting may take years.

References

For More information on TPS:

https://www.google.com/amp/s/www.republicworld.com/amp/world-news/russia-ukraine-crisis/us-suspends-deportation-flights-to-ukraine-russia-and-seven-other-european-nations-articleshow.html

https://www.google.com/amp/s/thehill.com/policy/national-security/596801-ice-pauses-deportations-to-russia-ukraine-amid-invasion%3famp

https://www.npr.org/2022/03/03/1084409254/tens-of-thousands-of-ukrainians-can-stay-in-the-u-s-without-fear-of-deportation

https://www.aa.com.tr/en/americas/us-grants-temporary-protected-status-to-ukrainians-as-war-rages/2523265

Immigration To The USA

Immigration News USA: Biden Helps STEM Students, New Guidelines on How to Expedite A Case With USCIS, and More!

January 26, 2022

New York Immigration Lawyer Alena Shautsova shares the most recent Immigration news

Biden Administration announced a set of new regulations that help STEM students or students in the fields of science, technology, engineering and mathematics to qualify for an extended OPT, O-1 visa, EB2 green card with National Interest Waiver. In addition, 22 new fields of study are added to the STEM list of occupations that will allow graduates to seek STEM benefits: extended OPT or work permits following graduation, and easier qualifications for employment-based green cards where a job offer is not required if an NIW is granted.