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Immigration Updates

Affirmative Relief Announcement

The Biden Administration announced TWO major policy changes that will transform the lives of undocumented individuals. This is a massive victory for the immigrant community! We know this leaves out many individuals and we continue to advocate for a more comprehensive and inclusive policy. According to USCIS, the application process is expected to begin later this summer. 

A) Undocumented Spouses of U.S. Citizens who:

- Entered the U.S. without inspection; 

- As of June 17, 2024, have been legally married to a U.S. Citizen (or have a qualifying stepchild relationship with a U.S. citizen; 

-Have lived in the U.S. for at least 10 years; and  

-Do not have certain criminal history or pose a threat to national security or public safety 

If granted parole-in-place: 

-Parole would be granted for a one-time period of three years 

-You may be eligible for employment authorization for up to three years 

-You may apply for your green card within three years of approval 

-Eligibility is determined on a case-by-case basis 

B) The administration promises to streamline the visa process for employment-sponsorship for Dreamers. DACA recipients and other Dreamers:

- Have earned a degree from a U.S. higher education institution; and 

-Have been offered employment by a U.S. employer 

We share your questions and are awaiting further updates on the following: 

-When will this be implemented? 

-Who are considered other Dreamers? 

-What is considered "higher education"? 

-Who is eligible for waivers? 

-How much would it cost? 

-What does this mean for initial DACA applications that are on hold? 

What can I do now to prepare my application before the process begins?  

Until additional information is issued, individuals may consider preparing by gathering evidence, including: 

-Documentation to establish that the noncitizen has been continuously present in the United States for at least 10 years as of June 17, 2024; 

-Evidence of a legally valid marriage to a U.S. citizen as of June 17, 2024 

-Evidence of additional favorable discretionary factors that the applicant would like USCIS to consider. 

IMPORTANT NOTICE: These changes are not yet in effect! Do not submit any documents or payments until the government releases official details. Ensure you seek reliable legal advice and stay vigilant against scams. 

The following are helpful resources to stay updated and learn more: 

Process to Promote the Unity and Stability of Families (USCIS) 

Find Help Near You (Informed Immigrant) 

FACT SHEET: President Biden Announces New Actions to Keep Families Together (WH.GOV) 

What is the Affirmative Relief Announcement? (AILA) 

TPS Update:

The Department of Homeland Security (DHS) is extending from 60 days to 18 months the periods to re-register for Temporary Protected Status (TPS) under the designations of El Salvador, Haiti, Honduras, Nepal, Nicaragua and Sudan.  

The 18-month re-registration period under the designation of:  

-El Salvador now runs through March 9, 2025;  

-Haiti now runs through Aug. 3, 2024;  

-Honduras now runs through July 5, 2025;  

-Nepal now runs through June 24, 2025;   

-Nicaragua now runs through July 5, 2025; and  

-Sudan now runs through April 19, 2025.  

This re-registration extension will allow TPS beneficiaries to submit Form I-821, Application for Temporary Protected Status, and Form I-765, Application for Employment Authorization, at any time during the 18-month extensions of the TPS designations of these six countries.  

TPS beneficiaries under the El Salvador designation may continue to re-register after the Sept. 10, 2023, expiration date noted in the June 21, 2023, Federal Register notice 

TPS beneficiaries under the Haiti designation may continue to re-register after the March 27, 2023, expiration date noted in the Jan. 26, 2023, Federal Register notice 

TPS beneficiaries under the Sudan designation may continue to re-register after the Oct. 20, 2023, expiration date noted in the Aug. 21, 2023, Federal Register notice

They will publish a Federal Register notice for this re-registration extension soon.  

Note that this announcement does not change the previously announced extensions of the TPS designations for these six countries, and it does not change the eligibility requirements. It extends the period when existing beneficiaries may re-register for their benefits. 

March 2021 Updates

Public Charge

The Biden administration has canceled the Trump version of the public charge rule as of March 2021. This means applicants will no longer have to be concerned about certain public benefits preventing them from getting their green cards.

Receiving free testing of Covid-19 will NOT make you a public charge. If it is medically advisable for you to be tested for Coronavirus, free testing will not impact your immigration case.

Similarly, receiving a government stimulus check as a result of the CARES Act will not make you a public charge.

If you are unsure of how your immigration status could be affected by using public benefits, make an appointment for a consultation or check out what benefits impact immigration here.

Know Your Rights

Everyone who lives in the U.S. is given certain rights, like the rights to freedom of speech and freedom to practice your religion. These rights apply to everyone, regardless of their immigration status. These guidelines from the Immigrant Legal Rights Council provide practical steps for what to do if you or someone you know has an encounter with agents from ICE (Immigration and Customs Enforcement). We recommend that you print this document and keep it with you to reference if necessary.

Know Your Rights with ICE

ICE Raids, How to Protect Your Family

National Immigration Law Center

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