Asylum, Refugee and Other Humanitarian Relief
Do you have clients with Temporary Protected Status who reside in the jurisdiction of either the Sixth or Ninth Circuit Court of Appeals? These frequently asked questions explain how current USCIS policy permits individuals who entered the United States without inspection, but subsequently received TPS, adjust to lawful permanent resident status.
As more noncitizens are targeted for the initiation of removal proceedings under the Trump administration’s broadened enforcement priorities, immigration court dockets will likely become even more backlogged. Given these strains and the reality of human fallibility, there will continue to be instances in which practitioners observe inappropriate and problematic immigration judge conduct.
Under a Jan. 25, 2017 executive order, changes have been made to the protection screening process, including the credible fear and reasonable fear lesson plans.
This guide is intended to support pro bono attorneys, fully accredited Board of Immigration Appeals (BIA) Representatives, law students, and paralegals working to prevent the deportation of families who recently crossed the U.S.-Mexico border seeking asylum and have been ordered removed in absentia by an Immigration Judge (IJ). The Asylum Seeker Advocacy Project (ASAP) at the Urban Justice Center and Catholic Legal Immigration Network, Inc.
In late May- early June, the CARA Pro Bono Project assisted 21 families who were picked up by DHS in the latest round of enforcement actions targeting Central American women the children. The stories of the 21 families and the due process obstacles they have encountered were captured in a report produced by the CARA project.
Spring 2016 marked the one-year anniversary of the CARA Family Detention Pro Bono Project with some impressive data to add a bit of hope to the still steady flow of immigrants across the border. The project’s one-year statistics paint a powerful picture of the work being done by volunteers and the limited formal staff at CARA.
Despite continued efforts by advocates, the government’s practice of detaining immigrant mothers and their children continues. CLINIC has been especially active in the national fight to eliminate large scale family detention centers. In late March 2015, CLINIC partnered with four other networks to form the CARA Pro Bono Project.Through this project CLINIC has been providing legal services for detained families while leading advocacy and litigation efforts to challenge unlawful asylum, detention, and deportation policies.
On February 20, 2015 the U.S. District Court for the District of Columbia responded to the desperate pleas of detained Central American women and their children. The women had been found to have a credible fear of future persecution by an Asylum Officer or the Immigration Judge yet they remained detained on account of the U.S. government’s national security-based deterrence strategy of sending a message to other women and children considering fleeing to the United States for safety.
CLINIC has created a number of resources explaining the CAM program and which families may qualify:
Q. Can you please clarify whether refugees, because they are statutorily exempt from having to pay the I-485 filing fees, are eligible to file an I-131 and/or I-765 at no additional charge when filed concurrently with an I-485 application to adjust status? Please also clarify whether a refugee may file an I-131 or I-765 at no additional charge after the I-485 initial filing, but while the I-485 remains pending.
Salvadorans who have already been granted Temporary Protected Status (TPS) are eligible to live and work in the United States for an additional 18 months and continue to maintain their status. The extension of TPS for nationals of El Salvador is effective from March 10, 2015 and through September 9, 2016. Nationals of El Salvador who have been granted TPS previously must re-register during the 60-day re-registration period, which began on January 7, 2015 and will remain in effect through March 9, 2015.
On October 9, 2014 the Nebraska Service Center held a teleconference on refugee/asylee issues. The following is a summary of the discussion.
Q. Can a refugee who has been to immigration court for a felony charge, but has not been removed from the U.S. because his homeland refuses to admit him, apply for authorization to work? The latest official word on his documents is “voluntary departure.”
By Tatyana Delgado
The Board of Immigration Appeals (BIA) recently issued a landmark decision that impacts domestic violence victims who are seeking asylum in the United States. Asylum applicants must show that the persecution they have or will face is on account of one of five protected grounds: race, religion, national origin, political opinion, or membership in a particular social group. It is the last ground that has received the most interest and litigation.
By Kelly Kidwell Hughes, Advocacy Intern
By Susan Schreiber
What if your asylee client became deportable for conviction of a crime after adjusting status? Can you client re-adjust under INA § 209(b), along with seeking a waiver under § 209(c)? In Matter of C-J-H, 26 I&N Dec. 284, the Board said “no” because asylees who adjust status to lawful permanent residence no longer qualify as asylees.
The Department of Homeland Security has extended its designation of Haiti for TPS for 18 months. The extension will begin on July 23, 2014 and last through January 22, 2016. The 60-day re-registration period for those who currently have TPS began on March 3, 2014 and will end on May 2, 2014. Those who are eligible and timely re-register will be granted an EAD with an expiration date of January 22, 2016. In addition, the agency will automatically extend the validity of current EADs for six months, through January 22, 2015, for those who timely re-register.
By Allison Posner
On January 16, 2014, USCIS’s Nebraska Service Center (NSC) held a stakeholder engagement on issues related to processing of refugee and asylee petitions. Select questions and answers from the teleconference are below. Please note that this teleconference was part of a series of informal monthly stakeholder calls held by the NSC. If you wish to participate in the monthly calls, email CEO.NSC2@USCIS.DHS.GOV with your contact information, and you will be added to the center’s mailing list.
By Allison Posner
The following are the unofficial minutes from a teleconference with the Nebraska Service center on February 13, 2014. Please note that this teleconference was part of a series of informal monthly stakeholder calls held by the NSC. If you wish to participate in the monthly calls, email CEO.NSC2@USCIS.DHS.GOV with your contact information, and you will be added to the center’s mailing list.
In recent years, more than 24,000 people from over 100 nations have been granted asylum in the United States. Asylees have often suffered from persecution in their country of origin, forced migration, detention in the United States, and the uncertainty of the asylum adjudication process. Most confront systemic and bureaucratic barriers to resettlement and integration, and need well-coordinated and prompt social services to ease their transition.
What if your asylee client has an error on his/her I-94 card? Do you know how to get it corrected? What if Social Security won’t issue your asylee client a card? What if an employer demands documentation from your asylee client that he or she doesn’t have? Documentation problems can impede asylees’ employment, access to public benefits, and integration.
In 2000-2001, CLINIC published a series of reports on immigration issues based on numerous case studies. These are not current reports.
The reports identify, track, and examine the impact of our nation's laws and immigration policies on at-risk immigrants. They illustrate particularly compelling problems faced by immigrants, clear explanations of the law at the root of such problems, and other research.