Latest Developments in

Immigration Law

No new DACA; Renewal ok

Lucky for those with DACA and those with pending applications to renew DACA! Not lucky for those who have not ever applied for DACA. But, fret not if you have not ever filed because there is still hope!! The federal appeals court in the 5th Circuit (Texas, Mississippi, Louisiana) sided with her lower court and ruled last Wednesday, October 5th, 2022, that the DACA program was created illegally. Alas! that ruling was a bit weird because the Biden administration just published a final rule to protect the DACA initiative from further legal challenges. The final rule goes into effect October 31, 2022. The appeals court ordered the lower court go figure how the Biden final rule would play our in the thrust of the court finding that DACA is illegal.

If you have any question, call USCIS 1-800-375-5283 or schedule an appointment with Attorney Jon Wu at https://jwulaw.com/contact/. He has been actively engaged in law practice since 1973 – that’s 49 years and counting!!

WORK PERMIT EXTENSIONS

540 Days Automatic Extension of work permit (EAD). Here is an excerpt from the USCIS website:

Effective May 4, 2022, DHS is temporarily increasing the extension period and providing up to 360 days of additional automatic extension time, for a total of up to 540 days, to eligible renewal applicants. The automatic extension time is counted from the expiration date of the employment authorization and/or EAD. (more…)

Relief for Afghan Nationals: Humanitarian Parole

Overview

Humanitarian parole authorizes an individual to temporarily enter the United States when there is an urgent humanitarian reason or significant public benefit. See INA section 212(d)(5)). Parole requests are discretionary and reviewed on a case-by-case basis. Anyone may request parole for himself or herself, or on behalf of another individual.

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ADJUSTMENT OF STATUS FOR PEOPLE WITH APPROVED TEMPORARY PROTECTED STATUS

The Supreme Court has recently ruled that someone who entered the United States illegally but then received temporary status may not consider themselves “admitted,” and so may not be able to adjust their status to become a lawful permanent resident.
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What is Adjustment of Status?

Adjustment of status allows people who currently have a non-immigrant status in the United States (such as a student or a worker’s visa) to apply to become a lawful permanent resident of the United States without leaving the US. In order to eventually become a citizen of the United States, you must first become a lawful permanent resident.

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Pending Visa Cases

During the Covid-19 pandemic, many of the United States’ embassies and consulates have temporarily halted or restricted their services. These restrictions have seriously delayed the processing for pending visa applications.
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Asylum and Refugee Eligibility For Hong Kong Protestors

In the wake of the Hong Kong protests, some of the activists have sought asylum in the United States. Some politicians in the United States have sought to pass the Hong Kong Safe Harbor Act to make it easier for these activists to receive asylum.
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Health Care Requirement for Potential Immigrants

Is There a New Rule About Immigrant Health Insurance?

On October 4, 2019, President Trump issued a proclamation requiring people applying for an immigrant visa to demonstrate that they will have health care within 30 days of their arrival in the United States or that they have the funds necessary to pay medical expenses.

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San Mateo Immigration Lawyer Serving San Francisco Bay Area