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posted on May 3, 2013 by

I’m from Syria, can I apply for asylum?

Thousands of Syrians have fled their homes to escape the dire humanitarian crisis.  Some of them have found temporary refuge in the United States through visitor visas.   There is no end in sight for the daily violence and devastation that is destroying their country, and many Syrians will need to seek asylum in order to remain in the U.S.

In most cases, you start by filing an application and evidence with USCIS, this process is called affirmative asylum.  To apply, you must have a demonstrated fear of persecution based upon one or more of the following:

  • Race,
  • Religion,
  • Nationality,
  • Membership in a social group, or
  • Political opinion

The indiscriminate killing that is taking place in Syria, while horrific, is not enough to base an asylum claim upon.  You must also prove your persecution is carried out by the Syrian government or a group the government is unable or unwilling to control.   Obtaining the necessary evidence can be difficult and time-consuming.   At a minimum, you will need proof of identify, witness affidavits, medical records for any physical harm you suffered, photographs, evidence of threats received, and country conditions evidence.  Depending on the facts of your case, much more evidence may be required.

Asylum AttorneyIf you entered the U.S. more than 12 months ago, you will also have to prove that your delay in filing for asylum was due to extraordinary or changed circumstances.  If you win your asylum case, you will be able to apply for a green card in one year.

The asylum process is complex, stressful and often lengthy.  You will need to work closely with an experienced immigration attorney to carefully prepare your application and evidence.  If you filed your application without the assistance of an attorney but have not yet been interviewed, it’s not too late to get the help you need.

Immigration Attorney

 

Filed Under: Asylum and Refugees, Syrian Asylum
posted on April 26, 2013 by

USCIS Case Status Reports Unavailable

Don’t panic if you check your case status at www.uscis.gov on Sunday and USCIS is unable to find your case.  USCIS case status reports will be unavailable on April 28, 2013, due to system maintenance.  The following case services may be affected:

  • Check My Case Status
  • Sign-Up for Case Status
  • Check Processing Times
  • Change of Address Online
  • Civil Surgeon Locator
  • Office Locator
  • E-Request

USCIS frequently conducts system maintenance (often without warning) on weekends, so as a general rule you should check your case status on a weekday.

Filed Under: Immigration News
posted on April 22, 2013 by

State Department 2012 Human Rights Report Released

On April 19, 2013, the Department of State released the 2012 Country Reports on Human Rights Practice.  Each year, the Department of State develops, edits, and submits to Congress a 5,000-page report on human rights conditions in over 190 countries.  Some highlights from the 2012 Human Rights Report include:

  • Coverage of conditions in the new country of South Sudan
  • Report on the developing democracy in Burma
  • A  description of the  dire humanitarian situation in Syria
  • An account of the roadblocks to democracy in Egypt and Libya

Officers rely on the State Human Rights Reports when adjudicating asylum applications.  The reports are considered highly persuasive, and you should become familiar with the report for your country before preparing your asylum application and declaration.

 

 

Filed Under: Asylum and Refugees, Immigration News, Iraqi Asylum, Iraqi Refugees, Syrian Asylum
posted on April 20, 2013 by

You Are Not Alone

As evidenced by national and local headlines, immigration law and its constant evolution can be overwhelming and confusing.  If you want to understand what’s actual law and what’s not, you are not alone.  This newsletter, Immigration Insiders, is the place you can come to be guaranteed a brief, yet accurate, summary of current immigration law.  We study current statutory law, court rulings, and Congressional action, so you don’t have to.

By way of this message, we welcome you to the re-launch of The Whitt Law Firm’s immigration law newsletter.  Though our initial newsletter was well received, we were busy serving families, who wished to reunite; businesses, that needed employees; and foreign nationals, who wished to visit, work in, or invest in the United States.  We admit that our newsletter fell by the wayside.

That being said, we have received requests for the newsletter’s continuance and feel it’s our duty to help our friends as well as the public to understand what’s going on in the dynamic world of immigration law.  Therefore, we are happy to announce the rebirth of our newsletter as “Immigration Insiders”, with a new publishing schedule.
If you’d like to receive our Immigration Insiders newsletter, it will be in your inbox at least once a month.  If you would prefer not to receive the newsletter, that’s okay.  You can safely unsubscribe below; and, of course, you’re welcome to re-subscribe any time you wish.

What You Can Expect from Immigration Insiders

At least once a month, you will have the opportunity to tune in to a summary of current immigration issues and law, analyzed, researched, and drafted by experienced immigration attorney, Wendy Whitt.

Here are a few sample topics:

·         The Current Status of Immigration Reform
·         Solutions for Employers Facing the H-1B Visa Shortage
·         Practical Advice on Preparing for Visa Interviews

How To Sign Up For Immigration Insiders Newsletters

To receive our Immigration Insiders newsletter monthly, please enter your email address in the box provided on our website.  No worries; your privacy is guaranteed.  We will never ever share your email address and unsubscribes are always honored promptly.

You Are Not Alone

Immigration Insiders will be there for you each and every month, so long as you wish to continue to subscribe.  If you should need more information or legal advice, you are invited to contact our office for an in person or Skype consultation.

Immigration Insiders

Filed Under: Asylum and Refugees, Business Immigration, Family Immigration, Immigration News, Immigration Reform
posted on April 20, 2013 by

Senate Judiciary Hearing on Immigration Reform Scheduled

The Senate Committee on the Judiciary has scheduled a hearing on Senate bill S.744, “The Border Security, Economic Opportunity, and Immigration Modernization Act.”  The hearing will be held on Monday, April 22, 2013, at 10:00 a.m. (EST) in Room 216 of the Hart Senate Office Building.  A webcast will be available.

Filed Under: Immigration News, Immigration Reform
posted on April 20, 2013 by

Immigration Options for Syrians

Despite the escalating humanitarian crisis in Syria, there are currently no special immigration programs allowing Syrians to travel to the United States.  Instead, Syrians must turn to traditional immigration programs.  Immigration options for Syrians include:

1.  Asylum

Syrian refugees who are able to travel to the United States or a U.S. port of entry may apply for asylum.  You cannot apply for asylum from Syria.  To apply, you must have a demonstrated fear of persecution based upon one or more of the following:

  • Race,
  • Religion,
  • Nationality,
  • Membership in a social group, or
  • Political opinion

Fear of generalized violence or indiscriminate killing is not enough.  The persecution must be carried out by the Syrian government or a group the government is unable or unwilling to control.  The asylum process is complex and lengthy.  If you apply without the assistance of an attorney, you have a high risk of being denied.   If you wish to apply for asylum, seek out an experienced asylum attorney in your area.

2.  Refugee Resettlement

Refugees unable to travel to the U.S. may apply for refugee resettlement.  You must travel to one of the USCIS offices authorized to accept applications to the U.S. refugee admissions program including Athens, Frankfurt, Hong Kong, Madrid, Manila, Mexico City, New Delhi, Rome and Vienna.  The U.S. government will provide no assistance to help you travel to one of these cities, so you must be able to obtain a visa to enter the country where you wish to apply.  The U.S. refugee admissions process can take many months or years, and there is no guarantee you will be approved for resettlement.  Many approved applicants will be forced to wait for lengthy security clearances before receiving permission to enter the U.S.

3.  Family Immigration

If you have a U.S. citizen fiance, spouse, parent (if you are an unmarried child under 21) or a child age 21 or older, you may be eligible for an expedited family immigration petition.  Although a lawful permanent resident spouse, parent or a U.S. citizen brother or sister may sponsor you, visas are not immediately available under those programs and the petition will not provide you any immediate benefit.

Once your case is approved by USCIS, it will be sent to the U.S. Embassy in Jordan for consular processing.  (The U.S. Embassy in Damascus suspended consular operations in February 2012.)  If you are unable to travel to Jordan for your interview, you may request your case be transferred to another embassy in the region.  After your interview, you may be subjected to additional administrative processing, especially if you served in the Syrian military or worked for the government.  Former members of the Ba’ath Party will have to overcome significant legal obstacles to admission to the U.S.

4.  Humanitarian Parole

One last option for Syrian refugees is humanitarian parole.  Humanitarian parole is used sparingly to bring someone to the United States for a temporary period of time based on urgent humanitarian reasons or if there is a significant public benefit.   You do not need a sponsor in the U.S. to apply.  Humanitarian parole applications are granted by discretion, and very few cases will be approved.  You cannot use parole to avoid normal visa-issuing procedures or to bypass immigration procedures.

If you are currently inside the U.S., you may be eligible for other programs such as Temporary Protected Status, a visa extension, and approval of work authorizations for student visa holders.  To receive monthly updates on immigration options for Syrians, please sign up for our newsletter below.

Immigration Options for Syrians

Filed Under: Asylum and Refugees, Family Immigration, Syrian Asylum
posted on April 19, 2013 by

When Will Immigration Reform Start?

When will immigration reform pass?

Each day I’m asked, “When Will Immigration Reform Start?”  The answer is more complex than you may expect.   When legislation is introduced in the House or Senate, there are six major steps that must take place before a bill becomes a law.

1.  Legislation is Introduced

A bill must be introduced by a member of the House or Senate.  The legislation will then be labeled and assigned a number.

2.  Committee Action

The bill is referred to the appropriate committee.  The committee studies the bill and may hold hearings to gather information.  The committee can revise the bill or lay it aide so it cannot be voted on (known as “tabling”).  The majority of the committee must vote to report the bill to the floor.

3.  Floor Action

Once a bill has been reported to the floor, it is placed on the Legislative Calendar.  The bill will then be debated and may go through a series of amendments.  The final bill will be voted upon.  If the bill does not pass, it dies.

4.  Bill is Sent to the Other Chamber

If passed, it is sent to the other chamber for consideration.  For example, a bill that is passed by the Senate will be sent to the House.  The bill will go through the committee and floor process once again in the other chamber.  If the bill passes the chamber it will pass to the next step.

5.  Conference Committee

A committee made up of members of the House and Senate work out any differences between the versions of the bill passed by each chamber.  The revised bill must be approved by both chambers.

6.  The Bill is Sent for Presidential Consideration

The final bill is signed by the Speaker of the House and the Vice President, and then it is sent to the President.  The President has 10 days to sign or veto the bill.  A bill vetoed by the President may still become law if it is overriden by a vote of two-thirds of the Senate and two-thirds of the House.

A visual overview of the process can be seen below (via the Duke Library).

When will immigration reform pass?

The Senate’s proposed immigration reform bill  is still in the early stages of the legislative process.  It has been introduced, assigned a name and number (S. 744, Border Security, Economic Opportunity, and Immigration Modernization Act) and has been referred to the Committee of the Judiciary.   The bill may be amended extensively, and there are no guarantees any version of it will ever pass the Senate or the House.

While it is important for those who may be affected by the legislation to be informed about the process and what is at stake, it is too early to analyze the effect the bill may have on your particular case.   If you are a current client of The Whitt Law Firm, I will contact you personally to discuss any impact the bill will have on your case once it is signed into law by the President.

We will be providing regular reports and analysis regarding the immigration reform bill in our monthly newsletter, “Immigration Insiders.”  If you would like to stay updated on the immigration reform process, please sign up below.

When Will Immigration Reform Pass?

 

Filed Under: Immigration News, Immigration Reform
posted on April 18, 2013 by

Automated I-94 Program Begins April 30, 2013

The Customs and Border Patrol (CBP) is set to rollout the new automated I-94 program beginning on April 30, 2013.  Foreign visitors arriving by land or sea will no longer be issued paper Form I-94s.  Instead, the CBP will gather visitors’ arrival and departure information automatically from their electronic travel records.

Travelers will be able to download their admission record information through the CBP website at www.cbp.gov/I94.  This information will be accessible within 24 hours of admission.   We strongly recommend that all foreign travelers download and print out their admission record as soon as it becomes available.

The automated I-94 program will be rolled out gradually through April and May.  Travelers may experience delays and issues accessing their admission records while the program is in its infancy.

Filed Under: Immigration News
posted on October 31, 2012 by

Some USCIS Offices Remain Closed from Storm Damage

USCIS has posted a list of offices that remain closed due to storm damage from Hurricane Sandy.  All appointments will be rescheduled to the next available appointment date; you do not need to do anything to request a rescheduled date.

Offices Remaining Closed on Thursday, November 1, 2012

New Jersey

  • Newark Asylum Office
    1200 Wall Street West, Fourth Floor
    Lyndhurst, NJ 07071
  • Hackensack, NJ Application Support Center
    116 Kansas Street
    Hackensack, NJ 07601-4044

New York

  • New York Asylum Office
    One Cross Island Plaza, 3rd Floor
    (133-33 Brookville Boulevard)
    Rosedale, NY 11422
  • New York, NY District Office & Field Office
    26 Federal Plaza
    New York, NY  10278-0127
  • Queens, NY Field Office & Application Support Center
    2735 Jackson Avenue
    Long Island City, NY 11101-2917
  • Hicksville, NY Application Support Center
    87 Bethpage Road
    Hicksville, NY 11801
  • Manhattan, NY Application Support Center
    201 Varick Street, 10th Floor
    RM103
    New York, NY 10014
  • Port Chester, NY Application Support Center
    40 South Main Street
    Port Chester, NY 10573
  • Woodside, NY Application Support Center
    63-05 Rossevlt Ave.
    Woodside, NY 11377
Filed Under: Immigration News
posted on October 1, 2012 by

Temporary Protected Status Extended for Haitians

The U.S. Department of Homeland security has extended Temporary Protected Status (TPS) for Haiti for an additional 18 months.  The extension of TPS for Haiti will begin Jan. 23, 2013, and end July 22, 2014. Secretary Napolitano first designated Haiti for TPS on Jan. 21, 2010, after major earthquakes devastated the country.

Current Haitian TPS beneficiaries, who have continuously resided in the United States since Jan. 12, 2011, and seek to extend their TPS status, must re-register during the 60-day re-registration period that runs through Nov. 30, 2012, if they wish to maintain their TPS. U.S. Citizenship and Immigration Services (USCIS) encourages beneficiaries to re-register as soon as possible within the 60-day period. USCIS will accept applications starting today through Nov. 30, 2012. Individuals who have not continuously resided in the United States since Jan. 12, 2011, will not be eligible.

Filed Under: Immigration News
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