Month: June 2023

U.S. Citizenship and Immigration Services (USCIS) is responsible for reviewing and adjudicating applications for immigration benefits in the United States. The main physical locations tasked with these responsibilities are known as “Service Centers” and until recently there have been 5 Service Centers: Nebraska Service Center (NSC), Texas Service Center (TSC), California Service Center (CSC), Vermont Service Center (VSC), and Potomac Service Center (PSC).

In March 2023, USCIS announced the creation of a new Service Center known as the “HART Service Center”. “HART” is an abbreviation for “Humanitarian, Adjustment, Removing Conditions, and Travel Documents”. Definitely a mouthful to say so the abbreviation helps. You’ll also notice that it’s the only Service Center that doesn’t have its location in the name, and that’s because it will be a virtual service.

The stated purpose of this Service Center is to help address the backlog of cases for some of the more vulnerable applicants for immigration benefits that have been negatively impacted by long processing times. These include the following cases:

• “Bona Fide Determinations” for U visa applicants. Currently processed by the VSC and NSC, this should hopefully cut back significantly on the wait times, which are currently listed at approximately 5 years!
• Petitions for VAWA status (VAWA = Violence Against Women Act). These petitions to help victims of violence in certain relationships are currently averaging a wait time of 2.5 years with the VSC.
• I-601A provisional waivers for unlawful status. Currently processed by the PSC and NSC, and averaging 3+ years, these long-pending waivers are often the subject of lawsuits by applicants that are tired of the long
• I-730 petitions for family members of asylees. Currently processed by the NSC and TSC, family members are kept waiting an average of 1-2 years before they can be safely reunited.

If your immigration case is one of those listed, then once the HART Service Center is up and running, you can expect for your wait times to be cut back significantly. But, it does take time to get things up and running and the HART Service Center is not expected to be fully operational until the fall of 2024. Until then, you may be stuck pursuing alternative routes to speed up your case. (add hyperlink to the article “3 ways to speed up your immigration case”)

Last Updated: 4.15.2023 (*Note That Immigration Rules, Regulations, And Practices Change Frequently. Make Sure To Check For Updated Information Since The Posting Of This Article.)

So you want to come to the United States. Or maybe you’re in the United States and want to stay. The obvious thing to do is apply for a visa or maybe an application for an immigration benefit. But… how much time do you have? Because US immigration cases are taking a looooong time. Maybe longer than you can wait or longer than you want to wait. If you don’t believe me, just go onto the USCIS webpage and look at some average processing times.

Need a new employment authorization card so that you can work legally? Cool. Sit tight for 3 to 6 to 20 months.

Been the victim of a crime and helping out the police with the investigation? How does a 5 year wait sound? And that’s just to get to a temporary work permit. There is still more waiting after that!

Did you lose your Permanent Resident Card and need a new one? As in, just print a new one. Nothing challenging about that, right? Even the DMV can print a driver’s license in like 15 minutes. USCIS currently takes 20 months to get you a replacement card.

And keep in mind, these are just average processing times. It can definitely take longer. In fact, USCIS won’t even accept inquiries until well after the “average” processing time has passed. This is why it can become necessary to take matters into your own hands. Here are 3 tips for speeding up your case if you don’t want to just sit around twiddling your thumbs:

1. File a request to expedite with USCIS. But know why you’re filing and have it well-documented. USCIS will consider expediting cases in certain situations (like for humanitarian emergencies or severe financial loss). Check out this webpage for more details.
2. Contact your US Senator or Congressman and request assistance in expediting your case. Similar to USCIS, they’ll want to know your reason so make sure it’s a clear reason and that it’s well- To find your US Senator or Congressman based on where you live, check out this page.
3. Hire a lawyer to file a Writ of Mandamus. This is a lawsuit that you file in court, asking that the court order USCIS to make a decision on your case.

Following any of these steps does not guarantee a positive or negative outcome in your case, but what it can do is get you a decision in your case faster than those that are just sitting around and waiting.

Last Updated: 4.15.2023 (*Note that immigration rules, regulations, and practices change frequently. Make sure to check for updated information since the posting of this article.)

USCIS first rolled out options for online filing back in 2015. At that time, it was just the I-90 Application to Replace a Permanent Resident Card. Now, USCIS accepts 16 different application types online. For a complete, up-to-date list, visit this webpage.

Online filing has its pros and cons. Let’s break it down…

PROS:

• You get confirmation of filing soon after hitting the submit button,
• You can easily upload additional supporting documents even after you’ve already filed your case, and
• You have a record of what was filed right there in front of you – no worries about whether or not you remembered to make a

CONS:

• The system definitely has its glitchy days where it seems like you’ve regressed back to the days of dial-up internet connection,
• If you’re not already familiar with computers then it may be a little complicated, and
• Did I already mention the glitchy days?

Pros and Cons aside, USCIS is making a big push to get people online filing. The new proposed fee schedule (set to lower some fees, but mostly to increase a lot of fees) plans to charge more for paper filing an application than for online filing an application. This may be the best reason yet to get familiar with the online filing system. If you want to keep costs as low as possible, get familiar with online filing. Plus, bonus!, you save the money of mailing an application, which can get quite costly if you’re mailing things in with a tracking number or courier service. (Side Note: Please, always mail things to USCIS with a tracking number to prove that it was delivered!)

Want to read more about online filings with USCIS? Here ya go!

Last Updated: 4.15.2023 (*Note That Immigration Rules, Regulations, And Practices Change Frequently. Make Sure To Check For Updated Information Since The Posting Of This Article.)

Hiring an attorney for your immigration case is ALWAYS a good idea. But, if you’re resistant to the idea and want to handle things yourself, okay. That said, if your situation has any of these 3 issues, I really REALLY suggest that you at least consult an attorney before doing anything yourself:

1. You have a criminal record. Maybe you think it’s for a small crime, or maybe you think it has been expunged and dealt with. But, here’s the thing, that doesn’t necessarily matter for Even if you’ve “paid your dues” or it happened a long time ago or it has since been expunged, it still is something you’re required to list in your paperwork and it is still something that can come up and bite you from behind. I’ve even seen a naturalization case denied because the applicant couldn’t find proof that he paid off a speeding ticket. That man hired an attorney and it got taken care of, but what a headache!
2. You accumulated unlawful presence in the United States. Whether you entered the US illegally and stayed for a length of time, or maybe you entered the US legally and then overstayed, this can be a biggie. US immigration law imposes penalties and bars to admission if you have unlawful presence. BUT, there may be an available waiver for you, you may fall into an exception, or maybe what you think is unlawful presence really isn’t (or, to the contrary, what you think is NOT unlawful presence maybe IS). Point being, talk with a knowledgeable attorney about your situation before you file anything with
3. You violated the terms of your visa. For example, maybe you were in the US as a tourist and to help supplement the costs of a trip to Disney World, you took a side job for a few weeks. Well, working on a tourist visa is a violation of the terms of your visa and can result in your visa getting revoked, removal proceedings being initiated against you, or a denial of future If you aren’t sure whether or not you violated the terms of your visa, an immigration attorney can fill you in. Better yet, find out what you are and aren’t allowed to do on your visa BEFORE you do it!

Last Updated: 4.15.2023 (*Note that immigration rules, regulations, and practices change frequently. Make sure to check for updated information since the posting of this article.)

Family-based immigration applications are one of the most common ways to immigrate to the United States. And with that application comes the obligation to prove a valid relationship. Sometimes it may be as simple as providing a birth certificate, but usually it requires more. For some people, finding relationship evidence like utility bills, money wires, or bank statements can be difficult. Enter: 3rd party relationship affidavits. This is where you ask friends or family members to write a sworn affidavit about the purported relationship. Before we talk about what not to put into an affidavit, let’s talk about what you should put into an affidavit…

DO include the following in an affidavit:

• Your name and your contact information (address, phone number);
• An explanation about how you know the people that you’re writing about;
• A story or two that shows that you’ve personally witnessed the relationship in action;
• A notarized stamp with your signature and the date

That’s it! Super simple. Here’s a short sample for you.

January 15, 2023

Dear Officer,

I am writing this letter for my friends, Jose and Linda. I met Jose when we were 12 year old kids in New York. Ten years later, we are still good friends and get together at least once a month. He met his new wife, Linda, at a party a couple of years ago and they’ve been together ever since. He introduced me to Linda early on in the relationship and we’ve spent many weekends together. Linda and Jose will frequently come over to have dinner with me and my wife. We eat, share stories, and sometimes play games. We always have a lot of fun! I’ve known Jose for a long time and I can honestly say that I’ve never seen him so happy. He and Linda enjoy a lot of the same activities and they seem to be very supportive of each other. Jose told me that he and Linda are planning to start a family soon. I know they’ll both make excellent parents and I look forward to our kids playing together one day. If you have any questions about their relationship, I will be happy to take a call. My contact information is below.

Sincerely,

Frank Silver [signed and with a notary stamp]

Tele # 123-123-1234

123 New York Street, New York, NY 12345

Now, let’s talk about what a relationship affidavit should NOT contain. It should NOT contain the same information as any of the other affidavits you’re using. That’s the most important thing I can tell you so I’ll say it again. A relationship affidavit should NOT contain the same information as any of the other affidavits you’re using. As an example, what do you think about the following?

• Written by Thomas: “Jose and Linda are very happily married. I have known Jose for 3 years and met Linda last year after they got Jose is a caring husband and he loves to treat his wife to nights out on the town where they enjoy dinner and dancing.”

Sounds good, right? But imagine you’re the immigration officer and you flip past that letter onto a different letter and it reads as follows:

• Written by Rebecca: “Jose and Linda are very happily married. I have known them for 2 Jose is a caring husband and he loves to treat his wife to nights out on the town where they enjoy dinner and dancing.”

Now what do you think? I’ll tell you what I think. To me, it doesn’t sound genuine anymore. Sure, Rebecca says she has known Jose and Linda for a different amount of time, but the meat of what is written is the same as what is in Thomas’ letter. And if I were the immigration officer, I’d no longer give much weight (if any) to either of these affidavits. You’re better off just using one affidavit than five affidavits that all say essentially the same things.

These affidavits can really strengthen cases where there is not much other supporting documentation so make sure you get several and make sure they follow the rules above. Another helpful tip is to include photos with the affidavits to support what is said in the affidavit. For example, along with the letter written by Frank Silver, include a photo of Frank spending time with Jose and Linda. That will certainly strengthen your case!

Last Updated: 4.15.2023 (*Note that immigration rules, regulations, and practices change frequently. Make sure to check for updated information since the posting of this article.)

Many of you will immigrate to the United States by undergoing consular processing, meaning that you will attend an interview at an Embassy or Consulate abroad and then seek entry to the United States. During this process, there will become a point at which your file with an approved I-140 or I-130 is sent to the National Visa Center (NVC) to gather documentation and hold your case for scheduling with an Embassy or Consulate abroad. Don’t forget that after your case is moved to the NVC, you must take action within a year or you risk your case file being terminated before you finish your case. Here are some ways to make sure that doesn’t happen to you.

1. Pay a fee through CEAC and then take action to apply for a visa within a year of paying the fee. If you pay the fee but leave your case sitting there without action for a year or more then you’ll have to pay the fee again.
2. Submit a document through CEAC that can be tracked.
3. Send a message to NVC using the Public Inquiry Form.
4. Log into your CEAC account.
5. Complete Form DS-260 (also through CEAC).

The most important thing to remember is that you should contact the NVC using one of these methods every single year to make sure you don’t run the risk of having your case terminated or having to repay any fees! Once your case is forwarded to the Embassy for an interview then you’ll no longer have this obligation. But, until then, STAY IN CONTACT!

Last Updated: 11.7.2023 (*Note that immigration rules, regulations, and practices change frequently. Make sure to check for updated information since the posting of this article.)

There are a lot of scenarios that may necessitate paying an immigration bond, whether if it’s for yourself or someone you know. You may have a friend or family member that is detained by Homeland Security and, if they’re set bond, you need to pay that bond so they can be released. Or maybe you were granted voluntary departure or given an order of supervision, but only on the condition of paying a bond. Any of these scenarios will require that you understand the proper mechanism to pay the bond. And that proper mechanism is now known as CeBONDS. Short for Cash Electronic Bonds Online. Phased in earlier this year, it is, as of June 1, 2023, the only way to pay an immigration bond.

Prior to CeBONDS, bonds were paid in person at an Immigration and Customs Enforcement (ICE) office. Bonds had to be paid using the proper cash equivalent (a cashier’s check or USPS money order), had to be paid at an ICE office that actually accepted bond payments, and had to be paid during regular office hours. A common frustration was that the payor of the bond would travel an hour or more to the closest ICE office, only to find out that the bond was not yet ready to be paid or the system was down, and the only thing to do was to make a second or third trip to try again.

Now, the system is online. And though there may be some bugs and glitches associated with it, at least you can deal with it from the comfort of your own home.

Need to pay a bond with CeBONDS? Here’s how you do it:

For starters, if you’re paying a bond for someone to be released from detention, you need to be a U.S. Citizen, Lawful Permanent Resident, a law firm, or a non-profit organization. If you’re not a citizen or a resident, you can post a bond on your own behalf if it is for voluntary departure or an order of supervision. If you still qualify to pay the bond, keep reading…

You need to create an account with your email address. Go to cebonds.ice.gov to create an account. Once you’re set up, log into your account and select “bond payment request”. Then you’ll put in the name and A-number (alien registration number) of the person for whom the bond is being paid. If the information doesn’t locate someone, try different combinations of the name, and make sure the A-number is correct. The A-number is a 9 digit number (or, sometimes 8 digits and you’ll need to add a zero to the front) that is usually on ICE paperwork or on the ID wrist bracelet of the detainee. Once the correct person is identified, you can proceed to enter your information as the person paying the bond (the “obligor”). You’ll have to provide your immigration status, social security number, name, address, phone number, and upload an acceptable form of identification. Once that is complete, you can submit your request to pay the bond.

As long as your request is submitted within regular business hours for the ICE office (9am – 3pm in the jurisdiction of the detainee), it should take about 1-2 hours for verification of your request. If the request is verified and approved, this change will display on your ICE CeBONDS webpage, confirming that the bond is ready for payment. From this point, there are two main steps.

The first of these steps is to complete and sign the contract that sets forth your obligations as the obligor. If you want to take a look at this paperwork, you can find it here. It will require that you provide a phone number and address for the individual on whose behalf you’re posting the bond. Next, you select the method of payment. Even though the process is online, you’ll have to go in person to a bank to complete the payment. You can select either to pay using Fedwire or ACH. Once you select the preferred method of payment, instructions will display, explaining how to complete the payment. You must print the required documents and proceed to your bank where you will make the payment. The bank will provide proof of payment and then you must upload this proof of payment online. Once the proof of payment is reviewed and accepted, it will show that the bond is posted. Once the individual is released – usually the same day – the change in custody status is also displayed on your CeBONDS page.

If you still have questions or want more information, another good resource to check out is a page of information put out by ICE, which includes a video tutorial that walks you through the payment process step-by-step.

On May 10, 2023, Florida Governor Ron DeSantis signed into law Florida Senate Bill 1718. This new law takes aim at illegal immigration on a state level. Most provisions go into effect on July 1, 2023, impacting not just undocumented individuals, but also any persons that may employ or travel with undocumented immigrants. Here we break down what exactly this law intends to do and how it may impact you.

State Licenses. Several states issue driver’s licenses to classes of persons that either do not have lawful presence in the United States, or that did not provide proof of having lawful presence in the United States. Florida will no longer recognize these licenses as valid. Meaning that if you’re stopped by law enforcement in Florida, and the your driver’s license is one that is issued to a class of persons without proof of lawful presence, then you can be charged for driving without a valid license.

Data Collection in Hospitals. It will be required of hospitals that accept Medicaid to collect data on their forms about whether a patient is a U.S. citizen, lawfully present in the United States, or not lawfully present in the United States. This data must be reported annually to the Governor and the Legislature, along with data reporting the number of hospital admissions, the number of emergency department visits, the costs of uncompensated care for persons who are not lawfully present in the United States, and the impact of uncompensated care on the hospital’s ability to provide services to the public.

Penalties for Employment of Unauthorized Immigrant Workers. An employer that is found to knowingly “employ, hire, recruit, or refer” an immigrant who is not authorized to work, may receive varying levels of penalties, including probation, a suspension of a license to do business, or a revocation of a license to do business. An unauthorized worker who knowingly uses a false ID to work, or is fraudulently using another person’s ID to work, may be charged with a 3rd degree felony. Unlike the other provisions of the law, this one does not go into effect until July 1, 2024.

E-Verify. An employer must verify each new employee’s employment eligibility within 3 business days of the first paid day of work. Copies of documents relied upon to ascertain eligibility to work should be retained. Public agencies must require in their contracts that their contractors and subcontractors register with and use the E-verify system. Private companies employing 25 or more employees must use the E-verify system to verify a new employee’s eligibility to work. The requirements go into effect on July 1, 2023, but the penalties will not start to accrue until July 1, 2024. Once the penalties do start to accrue, if an employer is found to be noncompliant, then they will be given 30 days to remedy the noncompliance. If an employer is found to be noncompliant 3 times in any 24-month period, then a fine of $1,000 per day will be imposed until there is sufficient proof that the noncompliance has been cured. The company’s licenses to do business may also be suspended. There are several parts to this new requirement, and many important details. If you are an employer, contractor, or subcontractor doing business in Florida, then it is recommended you consult with an attorney about your legal obligations.

DNA Database Collection. Florida collects DNA samples from persons arrested for a felony offense, or convicted of a felony offense or even some misdemeanor violations. The collection of DNA will now be expanded to include persons that are in custody due to an immigration detainer. It is now directed that a DNA sample must be taken immediately from any individual held on an immigration detainer in state or local custody.

Human Smuggling. You may be charged with a 3rd degree felony if you knowingly transport into Florida an individual that you know, or reasonably should know, has entered the United States in violation of law and that has not been inspected by the Federal Government since the unlawful entry. If the individual being transported is a minor, then the charge may rise to a 2nd degree felony.

Unauthorized Alien Transport Program. An additional $12 million was placed into the “Unauthorized Alien Transport Program” which is used to relocate “inspected unauthorized aliens” from Florida to other parts of the United States. “Inspected unauthorized aliens” refers to individuals that were processed at the border by federal officials and then released into the United States without being “admitted” as lawful nonimmigrants or immigrants.

Florida Governor Ron DeSantis signed Florida Immigration Bill 1718 into law on May 10, 2023. This new law, which is frequently discussed by Governor Ron DeSantis, aims to reduce illegal immigration in Florida by:

1. Requiring private employers to use the E-Verify system if they have 25 employees or more;

2. Expanding the definition of “human smuggling” to include the transport of one or more unlawfully present individuals into Florida (with some exceptions);

3. Failing to recognize out-of-state licenses given to classes of persons with unlawful presence in the United States;

4. Requiring that some hospitals collect data on patients’ legal status in the United States;

5. Implementing penalties for employers that knowingly employ, hire, recruit, or refer for employment immigrants that are not authorized to work;

6. Criminalizing as a 3rd degree felony the use of a false ID to work or the fraudulent US of an ID to work;

7. Expanding Florida’s DNA database to collect DNA samples of persons in custody with local law enforcement under an immigration detainer;

8. Adding $12 million to the “Unauthorized Alien Transport Program” to relocate certain unlawfully present migrants from Florida to another location.

Most provisions of the new Florida Immigration Bill 1718 go into effect on July 1, 2023.