Thanks to the White House for proclaiming April as Arab American Heritage Month today. Six years ago this month, we began this journey with the first such proclamation issued by Fairfax County, Virginia. Proof that by working together as a united community, all things are possible.
For many, the process of obtaining lawful permanent resident (“green card”) status can be a complex and challenging effort. Having a green card can provide certainty and peace of mind that you can live and work permanently in the United States. However, your permanent resident status can be revoked under certain scenarios. This flyer covers potential acts that could cause you to lose your green card.
Acts That Could Make You Removable (Deportable)
Certain Arrests and Convictions
Committing certain crimes can have devastating consequences for permanent residents, including the loss of a green card and deportation. Drug offenses (including marijuana), domestic violence crimes, firearms offenses, and other crimes involving “moral turpitude” (a general term to describe acts that are morally reprehensible and intrinsically wrong) are a few examples of crimes that could make you deportable. It
is critical that you speak with an attorney before admitting guilt to any crime and seek the advice of an immigration attorney to understand how an arrest will affect your immigration status before the criminal case is completed.
Failing to Remove Conditions on Permanent Residency
Certain noncitizens may receive a conditional green card that is valid for a period of two years. Failure to remove the conditions on a green card can result in the termination of conditional residency and possible deportation. It is important to monitor the expiration date of the conditional green card and follow the process for removing the conditions correctly. to work temporarily in certain “Professional Occupations” that are specifically listed in the USMCA.
Falsely Claiming to Be a U.S. Citizen
Noncitizens, including permanent residents, who claim to be U.S. citizens, whether in writing or not, are subject to removal from the United States. A false claim to U.S. citizenship is a serious violation of law and can have extreme and devastating immigration consequences. Waivers of this ground of removability are rarely, if ever, granted.
Lengthy Absences from the United States
Abandonment of Permanent Residence
Green card holders who remain outside of the United States for long periods of time risk a determination that they have abandoned their permanent resident status. In general, trips outside the United States for less than six months are permitted. A trip of six months to one year may trigger increased scrutiny at the border, and the permanent resident should have a reasonable explanation for the lengthy trip. Trips of one year or more will likely result in a determination that you have abandoned your permanent resident status unless you have obtained pre-approval for the extended absence through a document known as a re-entry permit.
If you believe that one or more of the situations outlined above might apply to you, contact attorney Albert Mokhiber at (703) 391-9898 or albert.mokhiber@mokhibermoretti.com
What Is Naturalization?
Naturalization is the process by which a lawful permanent resident applies for and is granted U.S. citizenship. U.S. citizenship is a legal status that offers many benefits and responsibilities, including the ability to vote in U.S. federal elections, serve on a jury, travel with a U.S. passport, and bring family members to the United States. Importantly, once obtained, U.S. citizenship cannot be abandoned or lost by spending extended periods of time outside of the United States (as is the case with permanent residence).
When you apply for citizenship, you are taking an oath to support the principles of the U.S. Constitution, to renounce allegiance to a foreign state, and to bear arms on behalf of the United States when required by law. In some cases, obtaining U.S. citizenship may mean losing the citizenship of your home country. This can make applying for U.S. citizenship a very personal decision.
For many people, the naturalization process is relatively simple and straightforward. However, if you have spent extended periods of time outside of the United States, have criminal convictions, or at first glance are unable to meet all naturalization requirements, you should speak to an attorney before making the important decision to apply for U.S. citizenship.
What are the Basic Requirements for Naturalization?
Naturalization applicants must:
Note that there are exceptions to some of these requirements. If you are thinking about applying for naturalization but are concerned about one (or more) of the requirements, it is important to speak to our office to determine whether an an exception applies to you and/or whether naturalization is right for you.
Contact Mokhiber & Moretti at (703) 391-9898
Be at least 18 years old
Be a lawful permanent resident (hold a “Green Card”) for at least five years (or three years if you are married to a U.S. citizen)
Be able to demonstrate physical presence in the United States for at least 30 months out of the last five years prior to filing (or 18 months out of the last three years if you are married to a U.S. citizen)
Be able to demonstrate continuous residence in the United States (meaning you have not been outside the United States for more than six months in a row, with some limited exceptions)
Have resided for at least three months in the state where you are filing the naturalization application
Be able to read, write, and speak basic English
Understand the fundamentals of U.S. history and government
Be willing to take the Oath of Allegiance Meet the good moral character requirements
What Is Good Moral Character?
Good moral character for naturalization purposes means that you have not performed any acts that offend the accepted moral character standards of the community in which you reside. While this definition is vague, the government has a list of crimes and conduct that would make you ineligible for naturalization based on the good moral character requirement.
Why Hasn’t Your Case Been Decided Yet?
Nationwide, you and millions of families, businesses, and individuals applying for immigration benefits are waiting longer for U.S. Citizenship and Immigration Services (USCIS) to process and approve applications and petitions.
Based on previously available USCIS data1, in Fiscal Year (FY) 2014, an average case took about five months to process. In FY2020, an average case took more than nine months. Those extra months of waiting halt business operations, keep families separated, and jeopardize lives.
Who Is Affected?
Anyone who files applications or petitions with USCIS is affected. You and other people applying for family- based benefits, employment-based benefits, naturalization, travel documents, and employment authorization are all experiencing delays. Between FY2017 and FY2019, USCIS’s processing times for all petitions and application form types rose more than 37%.
The dramatic increase in processing times occurred even though USCIS experienced a ten percent drop in cases received from the end of FY2017 to FY2019. Amidst the COVID-19 pandemic, USCIS processing times have continued to rise from FY2019-FY20212.
Processing times for common form types illustrate just how dire the situation is:
FROM FY2017 TO FY2021
Processing times for all I-539 applications to change or extend status rose from about 2.8 months to 9.8 months triangle ▲250%
Processing times for family-based adjustment of status (I-485) applications rose from 7.9 months to 13.2 months ▲67%
Processing times for naturalization applications (N-400) increased from 7.9 months to almost an entire year, 11.6 months, nearly ▲47%
Why Are Cases Taking Longer?
Many factors can slow down your case, including inefficient processing, understaffing, and changes in policy due to the COVID-19 global pandemic. During the last administration, USCIS implemented many new policies designed to restrict legal immigration and delay processing. For example, one policy required USCIS officers to conduct duplicate reviews of past decisions, adding unnecessary work to each case. Another example was the imposition of a fingerprinting requirement for certain I-539 applicants. While the current administration has made some helpful changes, including to the noted policies, the COVID-19 pandemic has contributed to continued slowdowns.
For example, from March through July 2020, USCIS closed its offices for interviews and biometrics appointments, creating a backlog, especially for biometrics appointments. Many applications, like I-765 applications for Employment Authorization Documents (EADs), cannot be adjudicated before biometrics are taken.
What Can I Do?
Make sure your lawyer has your current contact information.
Work with your lawyer to file applications and petitions as early as allowed under the law, especially for cases where premium processing is not available. Many application renewals may be submitted up to 180 days prior to expiration.
Expect USCIS processing to take longer than desired, no matter what type of application you are filing. Your lawyer can guide you and help plan for delays. Sometimes, the only option is to await government action. In other cases, some tactics to address delays could include:
Filing a petition or application to safeguard your status in the U.S.
Asking USCIS to expedite your case if you qualify or if applicable, pay to premium process your case.
Talking to your Congressman’s office for assistance.
Filing a lawsuit to force USCIS to act on your case.
If you have questions regarding your case, we encourage you to contact our office at:
Mokhiber & Moretti PLLC
(703) 391-9898
1750 Tysons Boulevard
Suite 1500
McLean, VA 22102
STOP! Despite the excitement about new White House immigration announcements, it is more important than ever to seek advice from a qualified immigration attorney or an accredited representative about your specific situation.
BE PATIENT and take the time to find the right help. The wrong advice could harm your chances of staying in the United States, getting lawful status, or becoming a U.S. citizen.
DON’T BE FOOLED by notarios and other consultants who promise immediate results or special solutions in order to steal your money. Many unscrupulous notarios cost more than licensed attorneys! If you are unsure if someone is qualified to help, ask for proof of their credentials and retain a copy of that evidence.
USE AILA’s Immigration Lawyer Search, ailalawyer.org, to find a qualified immigration attorney. Or find an accredited representative.
TALK to a qualified immigration attorney, ASK questions before making payments, and REPORT notarios who are trying to take advantage of you or your family.
For more information on avoiding scams, getting the right legal help, and reporting notarios, visit www.stopnotariofraud.org.
U.S. DEPARTMENT OF HOMELAND SECURITY
Office of Public Affairs
Acting DHS Secretary Pekoske Extends Temporary Protected Status for Syria
WASHINGTON—Today, DHS Acting Secretary Pekoske announced an 18-month extension and re-designation of Syria’s Temporary Protected Status (TPS) designation. This action enables over 6,700 eligible Syrian nationals (and individuals without nationality who last resided in Syria) to retain their TPS through September 2022 and allows approximately 1,800 additional individuals to file initial applications to obtain such status.
The DHS Secretary may designate TPS to a foreign country if conditions fall into one, or more, of the three statutory bases for designation: armed conflict, environmental disasters, and extraordinary and temporary conditions. Acting Secretary Pekoske decided to extend and newly designate Syria for TPS after consultation with interagency partners and careful consideration of Syria’s current conditions. The Syrian civil war continues to demonstrate deliberate targeting of civilians, the use of chemical weapons and irregular warfare tactics, and use of child soldiers. The war has also caused sustained need for humanitarian assistance, an increase in refugees and displaced people, food insecurity, limited access to water and medical care, and large-scale destruction of Syria’s infrastructure. These conditions prevent Syrian nationals from safely returning.
Under the TPS statute, a country’s TPS designation can be extended for a period of 6, 12, or 18 months. A country can also be re-designated for TPS, which allows eligible individuals to obtain TPS even if they entered the United States after the effective date of the prior designation. Former DHS Secretary Napolitano initially designated Syria for TPS in March 2012. The designation was subsequently extended and renewed by former Secretary Johnson in 2015 and 2016, and extended by former Secretary Nielsen, and former Acting Secretary McAleenan.
Current beneficiaries under Syria’s TPS designation are eligible to re-register for an extension of their status for 18 months. Syrian nationals who entered the United States after August 1, 2016 and are otherwise eligible may register as well. DHS will publish a notice in the Federal Register with instructions for re-registration and employment authorization. The DHS Secretary will make the next decision to extend or terminate the designation for Syria on or before July 31, 2022.
HOW HAS PRESIDENT BIDEN CHANGED IMMIGRATION?
On January 20, 2021, President Biden issued several orders on immigration. Some orders take immediate effect while others may take more time to be implemented. If you think these policies affect you, contact a lawyer or legal service provider. Among the changes are:
Deferred Action for Childhood Arrivals (DACA) remains in place.
Deportations* were paused for 100 days (starting January 22), with some exceptions, and new enforcement policies will be adopted.
Travel bans** barring entry for nationals of certain Muslim-majority and African nations were revoked.
Deferred Enforced Departure (DED) protection was extended for Liberian nationals until June 30, 2022.
Enrollments in the Migrant Protection Protocols that keep asylum seekers waiting in Mexico were suspended — but it is unclear how cases will be handled at the border.
* On Jan. 26, a district court temporarily prevented the government from implementing the 100-day pause.
** The travel bans applied to nationals from Burma, Eritrea, Iran, Kyrgyzstan, Libya, Nigeria, North Korea, Somalia, Sudan, Syria, Tanzania, Venezuela, and Yemen.
NOTE: This situation remains fluid and policies can shift rapidly.
WILL CONGRESS PASS AN IMMIGRATION BILL?
President Biden has proposed a sweeping immigration bill that would make more people eligible for legal status. AILA will be advocating for Congress to pass this bill and other bills that improve the U.S. immigration system. At this time, Congress has not passed any immigration bill into law. This means that no new options to apply for legal status have been created, and no broad legalization program has been adopted.
HOW QUICKLY WILL CHANGE OCCUR?
Although there have been many announcements with promised changes, many of them will take time to be implemented. Policies, rules, and laws will need to be put in place first. This means you may not see an immediate impact or be able to access new benefits in the short term.
WHERE CAN I GET MORE INFORMATION?
We are closely monitoring these changes and encourage you to contact immigration attorney Albert Mokhiber of our office at Mokhiber & Moretti, PLLC at (703) 391-9898 or via email, albert.mokhiber@mokhibermoretti.com.
#AILAStandsWithImmigrants
©2021 American Immigration Lawyers Association
AILA is the national bar association of immigration lawyers comprised of over 15,000 members located in every state of the United States and worldwide.
WHAT CAN I DO?
Contact a U.S. licensed lawyer or an accredited representative for more information.
Make sure your attorney has your updated contact information.
Talk to your attorney about your expectations for processing your case.
Until Congress passes an immigration bill and President Biden signs it into law, there are no new options for people to obtain legal status. Please be wary of individuals who tell you there are new options and attempt to solicit your business.
Background
On August 3, 2020, USCIS published a final rule that significantly increases certain immigration and naturalization benefit request fees. The rule, which will be effective October 2, 2020, also removes certain fee exemptions, changes fee waiver requirements, alters premium processing time limits, and modifies intercountry adoption processing. Any application, petition, or request postmarked on or after October 2, 2020, must be accompanied with the fees set forth in the final rule.
The final rule increases USCIS fees by a weighted average of 20 percent, adding new fees for certain immigration benefit requests, establishing individual fees for nonimmigrant worker petition type, and limiting the number of beneficiaries for certain forms. DHS stated that it made no changes in this rule in response to its current budget shortfall or the pandemic.
By dramatically increasing filing fees for a broad range of benefit requests, reducing fee exemptions and restricting fee waivers, DHS has modified established agency practice of maintaining more reasonable filing fees for certain applications and petitions so that cost was not a barrier to obtaining an immigration benefit. In applying a “beneficiary pays” principle to those who are the beneficiaries of most immigration benefits, the agency has dramatically increased the cost of obtaining and maintaining legal status.
For additional information contact Mokhiber & Moretti, PLLC at (703) 391-9898.
Key Takeaways
Transfer of Money to ICE. Does not provide for the transfer of Immigration Examinations Fee Account (IEFA) funds collected by USCIS to U.S. Immigration and Customs Enforcement (ICE).
DACA. Removes the proposed fee ($275) for Form I-821D, Consideration of Deferred Action for Childhood Arrivals, filed for renewal of Deferred Action for Childhood Arrivals (DACA). Maintains the DACA fees as in effect before September 5, 2017, at $410 for employment authorization and $85 for biometric service.
Fee Waivers. As of October 2, limits fee waivers to immigration benefit requests for which USCIS is required by law to consider the request or where the USCIS Director exercises favorable discretion as provided in the regulation (e.g., SIJs, self-petitioning VAWA applicants, and certain Afghan and Iraqis)
Changes the income requirements for a fee waiver from 150 percent of the Federal Poverty Guidelines to 125 percent.
The Director may exercise discretion and authorize the waiver, in whole or in part, if the Director determines that such action is an emergent circumstance, or if a major natural disaster has been declared in accordance with 44 CFR part 206, subpart B.
Adjustment of Status. Removes the reduced Form I-485 filing fee for children under the age of 14 filing with their parent. A standard Form I-485 fee of $1,130 will apply to all applicants.
Requires separate fees for Forms I-765 ($550) and Forms I-131 ($590) filed in connection with applications for adjustment of status, more than doubling the total cost of filing an adjustment of status application package to $2,270.
Provides a $50 reduction in the fee for Form I-485 filed in the future for principal applicants who pay the $50 fee for Form I-589 and are subsequently granted asylum.
Electronic Filing. Provides that the fee for forms currently available for online filing with USCIS and filed online will be $10 lower than the fee for the same paper forms.
Premium Processing. The final rule also lengthens the timeframe for USCIS to take an adjudicative action on petitions filed with a request for premium processing from 15 calendar days to 15 business days.
The Premium Processing fee can automatically increase annually without notice and comment rulemaking if the fee increase will only be in accordance with the increase in the Consumer Price Index.
Asylum. Establishes a $50 filing fee for Form I-589.
Provides a $50 reduction in the fee for Form I-485 filed in the future for principal applicants who pay the $50 fee for Form I-589 and are subsequently granted asylum.
Biometrics. Creates a $30 biometrics fee for TPS initial applicants and re-registrants and asylum applicants and long-term CNMI residents filing a Form I-765.
Removes the $85 biometrics fee for most other applications.
Employment Based Immigration. Creates separate fees and forms for each visa classification filed on Form I-129, with fees increasing as much as 75 percent for an L-1 petition.
USCIS is limiting the number of named beneficiaries to 25 that may be included on a single petition for H-2A, H-2B, H-3, O-2 P, Q, E, and TN workers.
PL 111-230 fees for employers with significant numbers of H/L employees (“50-50 rule”) will now also apply to H-1B and L-1 extension petitions, in addition to initial petitions. It will not apply to amended petitions that are not seeking an associated extension request.
Naturalization. The filing fee for a Form N-400 will increase 83 percent from to $640 to $1,170. The final rule eliminates the reduced Form N-400 fee option for certain applicants.
Intercountry Adoptions. Clarifies that an additional Form I-600 or Form I-800 fee is not required when filing an additional petition for birth sibling. Modifies processes set forth at 8 CFR 204.3, including changing the validity period for a Form I-600A approval to 15 months.
Forms. New Forms I-129, revised Forms I-600/600A, Form I-765 and Form I-912 will be published 30 days before the new fees go into effect.
Secure Documentation. USCIS will send secure identification documents, such as Permanent Resident Cards or EADs, only to the applicant or self-petitioner unless they expressly consent to having the document sent to a designated agent, their attorney or accredited representative and the designated agent, attorney or accredited representative will be required to provide identification and sign for receipt of the document.
On April 22, 2020, President Trump issued a proclamation suspending the entry of any individual seeking to enter the United States as an immigrant who:
Is outside the United States on the effective date of the proclamation;
Does not have a valid immigrant visa as of April 23, 2020; and
Does not have a valid official travel document as of April 23, 2020, or issued on any date thereafter.
The proclamation goes into effect at 11:59 pm (ET) on April 23, 2020, for at least 60 days. It can be extended and modified. The following categories are exempt from the proclamation:
Lawful permanent residents (green card holders)
Individuals, and their spouses and children, seeking to enter the U.S. on an immigrant visa as a physician, nurse, or other healthcare professional; to perform medical research or other work essential to combating COVID-19 (as determined by the Department of Homeland Security (DHS) and the Department of State (DOS))
Individuals applying for a visa to enter the U.S. pursuant to the EB-5 immigrant investor visa program
Spouses and children under the age of 21 of U.S. citizens, including prospective adoptees on an IR-4 or IH-4 visa
Individuals who would further important U.S. law enforcement objectives (as determined by DHS and DOS)
Members of the U.S. Armed Forces and their spouses and children
Afghan and Iraqi nationals who were translators/interpreters or employed by the U.S. government and their spouses or children seeking entry pursuant to a Special Immigrant Visa
Individuals whose entry would be in the national interest (as determined by DHS and DOS)
Non-immigrant Visa Holders and Asylum Seekers Are NOT Prohibited from Coming to the U.S. by the Proclamation
Additional Considerations
Routine visa services at all U.S. embassies and consular posts around the world have been suspended as of March 20, 2020. U.S. embassies and consulates continue to provide urgent and emergency visa services as resources allow. DOS intends to continue to process visa applications for farm workers and medical professionals assisting with COVID-19.
U.S. Citizenship and Immigration Services (USCIS) has temporarily suspended in-person services through at least May 3, 2020, but continues to accept and process applications and petitions, including applications requesting an extension or change of status.
The U.S. borders with Canada and Mexico are closed for non-essential travel until at least May 20, 2020.
With some exceptions, the entry of individuals who were present in China, Iran, the Schengen Area, the U.K., and Ireland, during the 14-day period before their attempted entry into the United States has also been suspended.
The Proclamation requires a review of temporary visa programs within 30 days and recommendations to stimulate the U.S. economy and ensure “the prioritization, hiring and employment” of U.S. workers.
What Is AILA Doing
The American Immigration Lawyers Association (AILA) has urged the Administration to implement rational, policy-based measures during this national crisis.
What Mokhiber & Moretti PLLC Is Doing
We are closely monitoring the situation and will continue to provide updates on this Proclamation and any other immigration matters. We remain open, including virtual appointments, for this and all other matters, including “green cards,” citizenship, and other visas. Simply contact Mokhiber & Moretti PLLC using this online form or call (703) 391-9898.
In my 35 years of practicing immigration law, the successful case of Harvard University student Ismail Ajjawi, a brilliant Palestinian refugee from Lebanon and AMIDEAST scholar, is one of the most rewarding.
We have provided some of the media coverage on this case below:
The Boston Globe: Harvard student who was denied entry into US makes it to campus in time for start of classes, September 2, 2019
The New York Times: Palestinian Harvard Student Blocked From Coming to U.S. Is Allowed to Enter, September 3, 2019
The Washington Post: Palestinian student originally denied entry to U.S. now allowed in to attend Harvard, September 3, 2019
CNN: Harvard student previously denied entry into US is now on campus for classes, September 3, 2019
USA Today: Harvard freshman denied entry to US before fall semester now allowed to enter, September 3, 2019
The LA Times: He got into Harvard. And now he finally got into the United States, September 3, 2019
Harvard Crimson: Harvard Name, President Bacow Played Key Role in Overcoming Freshman’s Visa Denial, September 16, 2019