My law practice is undergoing some changes. I am continuing to work with current clients, but unable to accept any new clients right now. If you are looking for an immigration attorney to begin a new case, please check the American Immigration Lawyer’s Association’s page. More information to come! Thank you for your patience.
Rescission of DACA
President Trump rescinded DACA today with a six month wind down. Here’s what will happen to DACA holders and applicants based on its rescission memorandum:
New DACA Requests
- USCIS will continue to adjudicate properly filed initial DACA requests, and two year EAD work permits will be given to those that are approved.
- No more initial requests will be accepted beginning today 9/5/2017.
- USCIS will continue to adjudicate properly filed DACA renewals, and two year EAD work permits will be given to those that are approved.
- No more renewal requests will be accepted beginning today 9/5/2017.
- DACA holders will not have their deferred action status nor their work permits terminated, but they will not be able to renew.
Advance Parole travel
- The government will not approve any new requests for I-131 advance parole (AP) travel. It will refund fees for DACA related pending I-131 applications.
- The government will “generally honor” previously approved AP.*
* USCIS retains authority to revoke or terminate AP at any time. Speak with an attorney before leaving the U.S.
Can I travel abroad while my N-400 naturalization application is pending?
Can I modify my oath based on religion when I become a US Citizen? I do not believe in bearing arms.
Yes, you are allowed to modify parts of your oath of allegiance based on your sincere, meaningful, and deeply held religious principles against bearing arms or serving in non-combatant military services. Modifying the naturalization oath is a serious decision allowed in some situations. Make sure you fully understand, or talk with an attorney about the oath and your reasons for requesting a modification before making your final decision:
President Trump’s executive order on immigration barred citizens of Iraq, Syria, Iran, Libya, Somalia, Sudan, and Yemen from entering the US for at least 90 days. Yesterday, 01/29/2017, the US Department of Homeland Security released a statement that the executive order does not apply to the entry of lawful permanent residents (US green card holders).
Most immigration attorneys are still not recommending that citizens of the seven listed countries travel outside the US at this time, even in light of this recent statement. See Sound Immigration’s Post for more details.
Canadian visitors to the US do not need a visa, and generally are lawfully admitted to the US for six months. However, recently, some Canadian visitors have been have been learning that US Customs and Border Patrol (CBP) authorized one of their previous trips for a shorter period than expected. This can cause problems with unintentional overstay.
Happy New Year and best wishes for 2017! A new year is a time for goals and resolutions, which may include applying for US citizenship, renewing a green card, or meeting with an attorney to discuss available immigration paths.
Asylum applicants, applying affirmatively with USCIS can wait years for their applications to process. During this wait time, an applicant can apply for an employment authorization document (EAD), also called a work permit using form I-765. In general, applicants can apply for the EAD once their affirmative asylum application has been pending with USCIS for at least 150 days. Although there is no fee to apply for the initial work permit, almost all applicants need to apply for at least one more work permit, and subsequent EAD applications do require a fee.
Although the processing time for work permits is supposed to be 90 days, USCIS sometimes processes outside of the 90 days. This can be difficult and frustrating for an applicant who may be required to stop working while awaiting their EAD renewal.
USCIS has put in place a new 2 year EAD that should help with some of these frustrations. Effective October 5, 2016, USCIS increased the validity period for both initial and renewal work permits to two years. The change applies to all I-765 applications with category (c)(8) that are pending on October 5th, or submitted on or after this date.
USCIS released a message earlier this month stating that eligible students can apply for naturalization in the state where they attend school, or in the state where their family lives as reflected in the USCIS Policy Manual.
Q: I’m a Canadian citizen married to a US citizen and I’ve never applied for adjustment of status or green card. Can I bypass the green card and apply for citizenship since I’ve been married and living in the USA for 5 years?