Kompass Law Firm, A.P.C.. https://kmpslaw.com/en Mongolian-American Immigration Law Firm Sun, 04 Sep 2022 06:36:57 +0000 en-US hourly 1 https://wordpress.org/?v=6.7.1 https://kmpslaw.com/wp-content/uploads/2022/08/cropped-favicon-32x32.png Kompass Law Firm, A.P.C.. https://kmpslaw.com/en 32 32 With a court ruling looming, young Texas immigrants prepare for the possible end of DACA https://kmpslaw.com/en/with-a-court-ruling-looming-young-texas-immigrants-prepare-for-the-possible-end-of-daca/ Sun, 04 Sep 2022 06:30:37 +0000 https://kmpslaw.com/?p=6325

With a court ruling looming, young Texas immigrants prepare for the possible end of DACA

Texas has the second-largest population of immigrants in the Deferred Action for Childhood Arrivals program in the country. An appeals court is expected to rule soon on whether the program is legal.

When Katia Escobar finally got the money to pay her application fee for Deferred Action for Childhood Arrivals, a federal program that provides some undocumented immigrants work permits and temporarily protects them from deportation, it was a moment of relief for the 18-year-old, who has lived as an undocumented immigrant in California and Texas since she was a child.

She was eager to find a job to help her pay expenses as she started classes at the University of Houston. After she dropped her application with a $495 check for the processing fees in the mailbox, Escobar anxiously waited for an acceptance letter.

But four months later, she received a notice saying her application would not be processed because a federal judge in Houston had ruled that DACA was illegal.

“Hopeful that things are going to work out”

Not every young undocumented immigrant qualifies for DACA, which is open to migrants who have arrived in the U.S. before 2007, were under 16 when they arrived and were under 31 when the program was created in June 2012. Applicants must be high-school students or high-school graduates and cannot have a serious criminal history.

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Information on Form I-589 Intake and Processing Delays https://kmpslaw.com/en/information-on-form-i-589-intake-and-processing-delays/ Wed, 31 Aug 2022 06:20:32 +0000 https://kmpslaw.com/?p=6159

Information on Form I-589 Intake and Processing Delays

USCIS is currently experiencing delays in issuing receipts for Form I-589, Application for Asylum and for Withholding of Removal. Due to these delays, you may not receive a receipt notice in a timely manner after you properly file your Form I-589. For purposes of the asylum one-year filing deadline, affirmative asylum interview scheduling priorities, and Employment Authorization Document eligibility based on a pending asylum application, your filing date will still be the date that we received your properly filed Form I-589 (not the date we processed it). If you did not properly file your application, we will reject it and note any deficiencies in your filing. If you do not receive your receipt notice in a timely manner, please do not submit multiple Forms I-589, as this may further delay your case.

Properly filing your Form I-589 allows us to process your form with fewer delays. Please review the reminders below to ensure you are properly filing your Form I-589:

You must submit your application for asylum within one year of arriving in the United States (one-year filing deadline), unless you can establish that there are changed circumstances that materially affect your eligibility for asylum or extraordinary circumstances directly related to your failure to file within one year.
You must type or print all of your answers in black ink.
You must provide the specific information requested about you and your family and answer all the questions on the form. If any question does not apply to you or you do not know the information requested, answer “none,” “not applicable,” or “unknown.”
If you file your application with missing information, we may return it to you as incomplete.
You are strongly urged to attach additional written statements and documents that support your claim. Your written statements should include events, dates, and details of your experiences that relate to your claim for asylum.
Put your Alien Registration Number (A-Number), if you have one, your name (exactly as it appears in Part A.I. of the form), the date, and your signature on each supplemental sheet and on the cover page of any supporting documents.
Follow the instructions in the Where to File section and the Special Instructions section on the Form I-589 webpage to determine where to file your Form I-589.
If you are applying for asylum as an Afghan Operation Allies Welcome (OAW) parolee, please review the Afghan Operation Allies Welcome (OAW) Parolee Asylum-Related Frequently Asked Questions page.

Please note: Do not submit any Forms I-589 to the Vermont Service Center (VSC). The VSC is not currently processing Form I-589 and submitting your Form I-589 to the VSC will result in additional delays.

We continue to experience receipt issuance delays in other workloads across some service centers. We are diligently working to reduce these delays in all USCIS form types and are committed to providing receipt notices in a timely manner.

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New STEM Resources Available on USCIS Website https://kmpslaw.com/en/new-stem-resources-available-on-uscis-website/ Wed, 31 Aug 2022 06:17:32 +0000 https://kmpslaw.com/?p=6153

New STEM Resources Available on USCIS Website

U.S. Citizenship and Immigration Services has published additional online resources on uscis.gov to provide an overview of some of the temporary and permanent pathways for noncitizens to work in the United States in the fields of science, technology, engineering, and math (STEM). This guide also highlights some of the most important considerations for STEM professionals who want to work in the United States.

Options for Noncitizen STEM Professionals to Work in the United States;
Nonimmigrant Pathways for STEM Employment in the United States; and
Immigrant Pathways for STEM Employment in the United States.
The United States has long been a destination for top talent from all over the world. Our ability to attract global talent—especially in the fields STEM—has spurred path-breaking innovation, leading to the creation of jobs, new industries, and new opportunities for all Americans.
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Updated COVID-19 Vaccination Requirements for Uniting for Ukraine Parolees https://kmpslaw.com/en/updated-covid-19-vaccination-requirements-for-uniting-for-ukraine-parolees/ Fri, 05 Aug 2022 02:33:58 +0000 https://demo.casethemes.net/consultio-agency/?p=166

Updated COVID-19 Vaccination Requirements for Uniting for Ukraine Parolees

The U.S. Department of Homeland Security (DHS) has updated the COVID-19 vaccination requirements for beneficiaries paroled into the United States under Uniting for Ukraine. Effective immediately, all beneficiaries aged 6 months and older must have an attestation submitted attesting that they received COVID-19 vaccinations both before traveling to the United States and after arrival in the United States, unless they are eligible for an exception. Previously, beneficiaries younger than 5 years old qualified for an exception to the COVID-19 vaccination requirement because the vaccine was not approved or licensed for use in that age group.

Before Traveling to the United States

To receive travel authorization under Uniting for Ukraine, all beneficiaries aged 6 months and older must have an attestation submitted attesting that they received at least 1 dose of a COVID-19 vaccine approved or authorized by the Food and Drug Administration or a COVID-19 vaccine listed for emergency use by the World Health Organization, unless they are eligible for an exception.

After Arrival in the United States

After being paroled into the United States, all beneficiaries aged 6 months and older must have an attestation submitted attesting that they completed or will complete their COVID-19 vaccination series (in other words, they will be fully vaccinated) within 90 days of arrival or within 90 days of reaching the eligible age for vaccination according to the current Centers for Disease Control and Prevention guidelines, unless they are eligible for an exception.

The attestation is a condition of parole and must be completed in the beneficiary’s USCIS online account. See our Uniting for Ukraine Vaccine Attestation webpage for more information. Beneficiaries are responsible for arranging their vaccinations.

Uniting for Ukraine provides a pathway for Ukrainian citizens and their immediate family members who are outside the United States to come to the United States and stay temporarily in a 2-year period of parole. Individuals participating in Uniting for Ukraine must have a supporter in the United States who agrees to provide them with financial support for the duration of their stay in the United States. Additional information is available on the USCIS Uniting for Ukraine webpage and the DHS Uniting for Ukraine webpage.

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Tools Outage https://kmpslaw.com/en/tools-outage/ Fri, 05 Aug 2022 02:33:27 +0000 https://demo.casethemes.net/consultio-agency/?p=164

Tools Outage

USCIS will conduct system maintenance to the Contact Relationship Interface System (CRIS) on Wednesday, August 24, 2022 at 11:50 p.m. through Thursday, August 25, 2022 at 2:00 a.m. Eastern.

During this time frame, users may experience technical difficulties with one or more of the following online tools:

Check My Case Status
e-Request
Change of Address online
Check Case Processing Times
Civil Surgeon Locator
Office Locator
File Online
myUSCIS online account
Service Request Management Tool (SRMT)
We apologize for any inconvenience this may cause.
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USCIS Updates Interpretation of “Under Honorable Conditions” for Military Naturalization https://kmpslaw.com/en/uscis-updates-interpretation-of-under-honorable-conditions-for-military-naturalization/ Fri, 05 Aug 2022 02:32:39 +0000 https://demo.casethemes.net/consultio-agency/?p=161

USCIS Updates Interpretation of “Under Honorable Conditions” for Military Naturalization

U.S. Citizenship and Immigration Services is publishing an update to its Policy Manual to clarify that a current or former service member who received an uncharacterized discharge may be eligible for naturalization under sections 328 and 329 of the Immigration and Naturalization Act (INA).

Previously, USCIS had interpreted the requirement for a separation “under honorable conditions” in INA 328 and INA 329 to require a separation characterized as either Honorable or General-Under Honorable Conditions. This policy guidance (PDF, 340.22 KB) changes the USCIS interpretation of “under honorable conditions” to encompass Uncharacterized discharges as well as Honorable and General-Under Honorable Conditions discharges.

This interpretation aligns with a Department of Defense instruction on the interpretation of discharges and with a recent district court decision. This guidance will be effective upon publication of the Policy Manual update and will apply to all pending and future applications. Applicants whom USCIS previously denied can submit a new application without fee.

Visit the Policy Manual Feedback page to comment on this update.

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