The statutory cap for U visas is 10,000 per year. Since 2008, when U Visa regulations were first implemented, the number of U Visa petitions received by USCIS has grown exponentially. While approximately 10,000 petitions were received in the fiscal year 2008, there were nearly 35,000 petitions received by the USCIS in the 2018, and the number of pending principal U Visa petitions has nearly reached 150,000 as of 2019 (the last year with available data).

The dramatic increase in petitions as well as the delay in adjudication has resulted in a processing time of 5-10 years for noncitizens awaiting a favorable decision for U nonimmigrant status.

Although Congress authorized USCIS to grant employment authorization to noncitizens who have pending, bona fide U Visa petitions in 2008, USCIS previously granted Employment Authorization Documents (EADs) and deferred action only after an approved U Visa petition. In accordance with that authorization, the recent policy update allows those with a pending U Visa petition to receive employment authorization much sooner as long as their petition is made in good faith.

This policy update has the potential for allowing U Visa petitioners to obtain employment authorization and deferred action years earlier than they previously could. However, no practical steps have been announced as to how, when, or by who these Bona Fide Determinations will be made.

If you are a noncitizen who has been the victim of a crime in the United States and are currently or are likely to cooperate with law enforcement in the investigation of the crime, continue reading below and schedule a consultation with our attorneys to see if you could be eligible for a U Visa.

What is the Bona Fide Determination Process?

As of June 14, 2021, USCIS will conduct an initial review of the U Visa application and issue Bona Fide Determination (BFD) Employment Authorization Documents (EADs) and deferred action for four (4) years to U Visa petitioners and qualifying family members if their petition is deemed “bona fide.”

A principal petition is bona fide if:

• The principal petitioner has properly filed a complete U Visa application, with all required initial evidence, which includes:
  • A complete and properly filled certificate of cooperation (submitted within six months of law enforcement certifier’s signature); and
  • A personal statement from the petitioner describing the facts of the crime suffered.
• USCIS received the result of a background and security check based on the petitioner’s biometrics.

A qualifying family member’s petition is bona fide if:

• The principal petitioner receives a BFD EAD;
• The petitioner has properly filed a complete family member supplement;
• The petition includes credible evidence of a qualifying family relationship; and
• USCIS received the result of a background and security check based on the qualifying family member’s biometrics.

After determining that a petition is bona fide, USCIS then determines whether the petitioner (or qualifying family member) poses a risk to national security or public safety by reviewing the results of the background checks as well as considering other relevant discretionary factors.

If USCIS determines that a petitioner (or qualifying family member) merits a favorable exercise of discretion, USCIS issues a notice to inform the petitioner (or qualifying family member) of the decision.

How Can I Receive an Employment Authorization Document?

Where a petitioner (or qualifying family member) has already filed an Application for Employment Authorization along with the U Visa application, USCIS will use these previously filed applications to issue BFD EADs to principal petitioners and qualifying family members. BFD EADs and a grant of deferred action will be valid for four years, renewable afterwards under existing procedures.

Where a petitioner has not filed an application for employment authorization with their U Visa application, USCIS will issue a notice indicating that they have received a Bona Fide Determination and are eligible to receive a BFD EAD.

If you have filed a Form I-918 without also filing a Form I-765, our immigration attorneys can help you with completing and filing this form. Schedule a consultation today.

What About the Waiting List?

It is important to remember that a BFD EAD is not the same as the grant of U nonimmigrant status. USCIS could potentially determine that a petitioner will not receive a BFD EAD but can be placed on the waiting list; this would generally not affect the timeline in which the U Visa petition is adjudicated for final determination of U nonimmigrant status. Likewise, a grant of a BFD EAD and deferred action does not guarantee that USCIS will approve the principal petitioner or their qualifying family members for U nonimmigrant status.

USCIS will review all petitions in receipt date order for final adjudication for U nonimmigrant status.

How Does this Apply to Me?

If you have recently filed a U Visa application and have not yet had a biometrics appointment, this policy update mean that you may be eligible to receive a BFD EAD in the future (but not yet). As described above, USCIS first needs to receive the result of a background and security check based on a petitioner’s biometrics before exercising discretion to issue a BFD EAD and deferred action. Therefore, BFD EADs cannot be issued until after a petitioner attends their biometrics appointment.

If you have filed a U Visa application and have had a biometrics appointment, this policy update suggests that you may be eligible to receive a BFD EAD and deferred action. Applications for employment authorization that have been submitted with U Visa applications will be considered and BFD EADs issued to those with bona fide petitions. If an application for employment authorization was not submitted with your U Visa application, USCIS will issue a notice indicating a petitioner has received a BFD and may receive a BFD EAD. The petitioner then must file an application for employment authorization to receive a BFD EAD.

If you have already filed a U Visa application that has been pending for around five years, you may also be eligible to receive a BFD EAD and deferred action. However, because of the long processing times for applications for employment authorization, you may actually be approved for U nonimmigrant status before you would receive a BFD EAD.

Other Updates

USCIS has also clarified that they will evaluate whether a relationship between a principal petitioner and qualifying family member based on marriage existed at the time the petition was favorably adjudicated, rather than when the petition was filed.

Saev Hernandez Immigration Practice is accepting new U Visa cases amidst these encouraging developments. If you are interested in scheduling a consultation about a potential U Visa, whether it is an initial petition or an application for employment authorization based on a pending petition, please call our office at (615) 647-8628.

The post U Visas in Depth – Part 1, New Bona Fide Determination Process appeared first on Ship Immigration.

• Initial registration period – March 9, 2021 through September 5, 2021

• Designation dates – March 9, 2021 through September 9, 2022 (18 months)

Why TPS for Venezuela Now?

The Department of Homeland Security under President Biden is designating Venezuela for Temporary Protected Status (TPS) this week.  The Federal Register publication explains this decision is due to deteriorating health, economic, and social conditions in Venezuela. TPS designation is generally used when there are conditions preventing nationals from a safe return, for example an extreme weather event, a civil war, or a severe health or environmental crisis. Due to the ongoing political and economic crisis, exacerbated by the pandemic and a failing health system, Venezuela now meets conditions for TPS designation.  The truth is that many people feel Venezuela has met this criteria for several years already, and calls to designate Venezuela have been frequent as Venezuela has completed stopped issuing passports and providing other basic services to its citizens, among other problems. 

How is this different from Deferred Enforced Departure? (Hint, TPS is better)

Former President Trump resisted calls for TPS for Venezuela, but in the last days of his administration designated Venezuela for Deferred Enforced Departure (DED) through May 2022.  Both programs offer protection from deportation, the ability to apply for a travel document, and work authorization.  So what’s the difference?  For most people TPS is better.  This because unlike DED, TPS is a real immigration status under the Immigration and Nationality Act.  In states contained in the Sixth and Ninth Circuit Courts of Appeal (and this includes our home state of Tennessee!), changing status to TPS is considered an “admission” to the United States.  For some, that admission facilitates an application for permanent residence if the TPS registrant originally entered the United States without permission.  Also, there is a history of TPS designations being extended beyond the period of initial designation.  Honduras, Nicaragua, and El Salvador have been designated for TPS for 20 years at this point.  So TPS may be a more lasting benefit.  There are some differences as to who can apply based on prior removal orders and whether they have been executed. 

Who Qualifies for Initial TPS?

To be eligible for TPS, individuals must

• Be Venezuelan citizens (and noncitizens having no nationality who last habitually resided in Venezuela),
• Have continually resided in the United States and continuously physically present in the United States since at least March 8, 2021,
• Not have any felony conviction OR two (2) or more misdemeanors, and
• Not be subject to inadmissibility due to national security concerns.

When to Apply?

It is important to apply for TPS for Venezuelans during the initial registration period ending September 5, 2021.  Late initial registrations are more difficult than extensions because applicants applying late must show a valid excuse.  A valid reason for a late initial registration includes having been in a different immigration status during the initial registration period.  Remember that being the spouse, child or parent of TPS does not mean a person can obtain TPS as a derivative. 

How to Apply?

Approximately 300,000 undocumented Venezuelans in the United States will be eligible for TPS. People interested in applying should contact an immigration law firm or a non-profit organization that employs immigration attorneys or Accredited Representatives.  Please do not use the services of a notary public. Notaries in the United States are not attorneys, they do not have legal training, and they are not qualified to give legal advice or help people fill out immigration forms. Remember, the wrong help can hurt.  Our immigration law office is accepting new TPS cases. If you are interested in scheduling a consultation about TPS, please call our office at (615) 647-8628.

The post Temporary Protected Status (TPS) for Venezuela appeared first on Ship Immigration.

While the Trump administration attempted to dismantle the DACA program, claiming it was unconstitutional, the Supreme Court upheld the memorandum. On January 20, 2021, President Biden issued a differing Executive Order instructing the Department of Homeland Security to reinstate, strengthen, and preserve DACA. He has asked the Department of Homeland Security to begin to consider what strengthening means.  No changes are yet in place, but this gives us something to look forward to! 

At the moment, the qualifications for DACA and the benefits of the program remain the same. Namely, applicants must:

• Be born on or after June 16, 1981
• Came to the United States before the age of 16
• Have resided continuously in the United States since June 15, 2007
• Meet certain educational requirements and pass a background check
• Were physically present in the United States on June 15, 2012

We will be anxiously awaiting more news from President Biden and Congress, as to what changes may be made to the program. What might these changes look like? At the moment, Biden has promised to explore all legal options to protect Dreamers, and ensure that they are eligible for federal student aid and community college programs. Those are just a few of his many proposed immigration reforms, where he hopes to reassert the United States’ commitment to immigrants and refugees. Stay tuned to see how President Biden will modernize our immigration system and institute significant reforms during his first term.

The post Has Biden already changed DACA requirements? appeared first on Ship Immigration.

Voting is the right and duty of all United States citizens. We acknowledge that barriers exist for citizens who want to vote including ID laws, transportation to the polls, and voter suppression. Our office will be closed on Election Day to allow our team ample time to cast votes and to volunteer with organizations in Nashville who are assisting marginalized voters.

If you are eligible to vote in Tennessee, but have not yet registered, you have until October 5, 2020, to do so. Look for more information at: www.usa.gov/register-to-vote.

The post Saev Hernandez Immigration Practice, PLLC is a Small Business Making Election Day a Paid Holiday appeared first on Ship Immigration.

Like other public places and businesses, the USCIS is following the CDC’s guidelines for safety. These include asking visitors to wear masks and follow social distancing rules. They will provide markings and barriers to help with social distancing as well as hand sanitizer. Individuals are encouraged to bring their own black or blue pens.

The USCIS also announced it will soon reschedule citizenship Oath Ceremonies. The ceremonies will be shortened, and fewer citizens will be sworn in at each event to allow for social distancing.

As more details become available, including a re-opening date for the Nashville field office, we will post further information. While we hope that our clients will be rescheduled for appointments soon, we encourage everyone to stay safe and wash your hands!

The post USCIS to Resume In-Person Services June 4, 2020 appeared first on Ship Immigration.

As we continue to adapt our operations to the Coronavirus (COVID-19) pandemic, we want to assure you that our office is open for business and we remain committed to providing excellent service to our clients.  We know your immigration case remains vitally important to you, even during these times.  That’s why we are using safe practices within our office so that we can stay healthy and ensure no interruption of our work on your case. 

During these challenging times, the safety and well-being of our team members, clients, and families is our top priority. We greatly care about our communities and want to do our part to keep you healthy, keep our employees healthy and help minimize the spread of the virus. We are implementing the following changes to our daily operations to help contain COVID-19 and protect us all.

All in-person visits and meetings for existing clients and potential clients at our office are suspended for the time being. We strongly believe it is best to delay on-site client visits and in-person meetings at this time for your and our own safety. We encourage clients and prospective clients to use other means available to communicate with us;

• Our attorneys are available via email, phone, online meetings and video conferencing to continue to serve you. We are here for you and will be happy to assist you with immigration matters;

• Please email or mail documents and correspondence to our office, if possible;

• If you prefer to hand-deliver documents to us, please deposit them in the specially designated drop-off box outside our office. While we have staff present and working onsite, this ensures that we minimize in-person contact for you and our employees;

• Our attorneys will send you any requisite documents via email or mail for your review and signature. We request that you sign and return signed documents to us via one of the means described above. For everyone’s safety, we are temporarily discontinuing our practice of allowing clients to sign documents at our office.

We will continue to process and file immigration cases with the U.S. Immigration Service and any other related government agencies that are currently open for business. On behalf of all of us at Saev Hernandez Immigration Practice, PLLC, we thank you for your understanding and hope that you and your families are staying safe and healthy.

The post Notice to Our Clients: Client Service Changes in Response to COVID-19 Pandemic appeared first on Ship Immigration.

• Requests for Evidence;

• Continuations to Request Evidence (N-14);

• Notices of Intent to Deny;

• Notices of Intent to Revoke;

• Notices of Intent to Rescind and Notices of Intent to Terminate regional investment centers; and

• Filing date requirements for Form I-290B, Notice of Appeal or Motion.

In short, this will allow respondents more flexibility in response time. For example, if the USCIS sent you a request for additional evidence on April 20, 2020, and the notice says a response is due by July 20, 2020, you really now have until September 18, 2020 (60 days later than the original due date) to get your documents to the USCIS that issued the request. This is good news for those who are unable to access documents and records due to the pandemic.

On April 24, 2020, the USCIS announced that it will begin reopening field offices starting June 4, 2020. All field offices have been closed to the public since mid-March.

As re-openings occur, the USCIS will send out notices to reschedule appointments and naturalization ceremonies that have been cancelled during the closure. Applicants and petitioners who have had appointments cancelled over the last several weeks will be notified by mail by the Service.

There is no specific information in this announcement about when individual offices will resume interviews. It says only “on or after June 4.” We do not yet know when the Memphis and Nashville field offices will reopen, but as new information is available, we will notify waiting clients. You can also visit the USCIS webpage on office closures: https://www.uscis.gov/about-us/uscis-office-closings.

Please also note that while USCIS Field Offices have been closed to the public, USCIS Field Office employees have still been there at their offices working on things that do not require in-person visits with applicants.  For example, the Texas Service Center transferred some long-pending Petitions to Remove Conditions to Field Offices.  Service Centers of the USCIS have not been shut down at all during this period of social distancing.  This means much of the work of the USCIS has not been interrupted. 

The post USCIS Field Offices to Reopen on June 4, 2020 appeared first on Ship Immigration.

The Order is titled, “Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak.”  Click here to read it yourself if you would like.  This Order will take effect at 11:59 p.m. Eastern time on April 23, 2020.

This post is to clarify the effect of the latest Executive Order on our clients. While the headlines make this order sound like an enormous change to immigration processes, it will not affect the vast majority of immigration cases.

The following categories who will be impacted:

• People outside the United States as of April 23, 2020, at 11:59 p.m., and
• Who do not already have an immigrant visa valid at that same moment, and
• Who do not have an advance parole document or other official travel document (such as a transportation letter or boarding foil), and
• Who are seeking an immigrant visa as:
  • The spouse or child of a permanent resident, or
  • A diversity visa lottery winner, or
• A sponsored employee or other employment-based immigrant visa applicant.

Not impacted are the following categories:

• Adjustment of status applicants (those applying for green cards filed inside the United States),
• People applying for nonimmigrant visas, such as temporary work visas,
• Immigrant visa applicants who are spouses and minor children of U.S. citizens,
• Lawful permanent residents, who can continue entering the United States,
• Immigrant visa applicants who seek to work as
  • Physicians
  • Nurses
  • Other healthcare professionals
  • Medical researchers whose work helps combat the spread of the coronavirus,
  • Essential workers whose efforts to combat or recover from the pandemic are needed, or
  • The accompanying spouses and children of the above.
• EB-5 investors,
• People whose entry is important to law enforcement objectives, as determined by the federal government,
• Members of the United States Armed Forces and their spouses and children,
• Certain special immigrant visa applicants who served as translators in Iraq or Afghanistan, and their spouses and children,
• People whose entry is in the national interest as determined by the federal government,
• People seeking asylum, or similar protections.

Some of the excepted categories are fuzzy.  What constitutes the “national interest,” or “law enforcement objectives?”  Where is the line as to medical research that will alleviate the effects of the pandemic?  Consular officers will be the ones to decide whether individual immigrant visa applicants meet an exception.

Also keep in mind that most consulates worldwide are closed and have not opened visa appointments for May or June, so a 60-day order has little impact even on immigrant visa applicants who are not excepted from the new policy.

The Order may be extended at the end of the 60-day period, at which time more intending immigrants may be affected. The government may also introduce further Orders that impact temporary work visas, though this would of course be very controversial and opposed by employers.  We will continue to monitor any developments and will be in touch with any clients who may be affected. In the meantime, continue washing your hands and staying safe!

The post April 22, 2020 Executive Order Limits Some Immigrant Visa Holders Entry for 60 Days appeared first on Ship Immigration.

For the next few weeks, we will be offering video conferencing using WhatsApp and Skype instead of in-person appointments. This will allow us to connect with clients “face-to-face” while we work remotely. Both WhatsApp and Skype can be accessed with a smart phone. Clients can also use a smart phone to take photos of documents necessary to their case. By utilizing video conferencing, email, and FedEx, no in-person meetings are required for us to process your case.

Additionally, if you are in the United States on a temporary visa and have questions about your ability to travel, we can advise you on extending your current visa. While we wait for the government to put new procedures in place due to the pandemic, we encourage those with temporary visas to keep their status current in order to avoid any future difficulties. Our attorneys are available to consult with you via phone or video regarding your options.

We will continue to answer our phones Monday through Friday from 9:00am to 6:00pm (CDT). Please continue to use our main phone number 615-647-8628 and email contact@shipvisa.com. As changes occur, we will update our website regarding scheduling or availability. We remain committed to providing the best quality representation to our clients!

The post Coronavirus Response appeared first on Ship Immigration.