EAD for Humanitarian Parolee

Certain foreign national who are paroled into the U.S. for urgent humanitarian reasons or significant public benefit may be eligible to apply for discretionary employment authorization with the U.S. Citizenship and Immigration Services (USCIS).  USCIS will consider such employment authorization, on a case-by=case basis and based on the totality of the circumstances of each case.

For additional information, please visit USCIS website at:  https://www.uscis.gov/news/news-releases/uscis-issues-guidance-discretionary-employment-authorization-parolees

This article is intended for informational purposes only, and should not be relied on as legal advice or attorney-client relationship. By Aik Wan Kok, Lawyer USA Immigration Services, at Tiya; Tel: 703-772-822four & info at tiyaimmigration dot com; Tel (from abroad): 001-7037728224;

https://www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; https://immigrationresource.net

Aik Wan Kok at Tiya represents companies, employers, individuals, and families, located nationwide and internationally, in U.S. Immigration Law.  We focus on diverse immigration cases such as extraordinary ability; national interest waiver; PERM; various green cards; N-400 Naturalization; various waivers; Hs; L executive, manager and specialized knowledge professionals; E treaty investor/trader; cases with USCIS, U.S. Department of Labor, U.S. Consulates and National Visa Center;  USCIS Request for Evidence (RFE); work permit, marriage cases, family immigration, employment immigration, and much more.

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TPS for Haiti Has Been Extended for an Additional 18 Months, Until January 22, 2013

Temporary Protected Status (TPS) for Haiti has been extended for another 18 month (until Jan. 22, 2013).  The re-designation was published in the Federal Register on May 19, 2011, and U.S. Citizenship and Immigration Services (USCIS) encourages applicants to review the Federal Register (at http://www.gpo.gov/fdsys/pkg/FR-2011-05-19/html/2011-12440.htm ) which contains filing instructions for initial TPS application.    TPS applicants (new or re-registration) may also visit www.uscis.gov/tps for additional information on application and/or re-registration procedures on TPS and work authorization.

Under the 2010 designation, TPS applicants were required to show that they had continuously resided in the United States since Jan. 12, 2010.  Under the re-designation, eligible individuals who arrived up to one year of the earthquake in Haiti may now apply for TPS.  However, individuals who are now attempting to enter the United States illegally will not be granted TPS.

The re-designation of TPS for Haiti encompasses the following TPS applicants:

A. Individuals who do not have TPS or a pending TPS application may begin filing immediately, starting May 19, 2011 and no later than Nov. 15, 2011.

• Individuals filing for the first time and who do not currently have TPS:  Additional Haitians (and persons without nationality who last habitually resided in Haiti) who have continuously resided in the United States since Jan. 12, 2011, can apply for TPS, if they meet all other Haiti TPS eligibility criteria.
• Individuals with pending TPS applications:  Individuals who have already applied for TPS under the initial designation announcement in January 2010 and whose applications are still pending as of May 19, 2011, will not need to file a new Form I-821, Application for Temporary Protected Status. These applicants with pending I-821 who need to extend or request an Employment Authorization Document (EAD) must file a new Form I-765, Application for Employment Authorization, starting May 23, 2011.

B.    Individuals who already have Haiti TPS must wait to file for re-registration when a Federal Register notice describing the re-registration procedure is published on May 23, 2011.

• Individuals re-registering for TPS: Individuals who already have approved TPS for Haiti must re-register starting May 23, 2011, and ending Aug. 22, 2011, once the Federal Register notice with re-registration instructions is published.  For expedited processing, TPS beneficiaries are encouraged to file for re-registration as soon as the re-registration period begins on May 23, 2011.

All individuals registering for the first time or re-registering for TPS must file a Form I-821 and a Form I-765, with any required fees or a fee waiver request.  Applicants of TPS re-registration will need to check the Federal Register, being published on May 23, 2011, for fee information.  Eligible applicants may also request a waiver of application fees by filling an additional form I-912, and can obtain more information on fee waiver procedures at USCIS website at http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=6fbad59ae8a8e010VgnVCM1000000ecd190aRCRD&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1RCRD .

By Aik Wan Kok Fillali, Attorney at Law, at Tiya PLC; Tel: 703-772-8224

www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net 

We represent employers, and individuals and their families in green card and work visa matters in U.S. immigration law. We also have a focus on self-petition green card cases such as extraordinary ability and national interest waiver.

All Rights Reserved.

This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

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Temporary Immigration Relief Measures for Foreign Nationals Affected by Civil Unrest or Natural Disasters

On April 13, 2011, the U.S. Citizenship and Immigration Services (USCIS) announced temporary immigration relief measures for foreign nationals affected by their home country conditions, such as civil unrest or a severe environmental disaster.  For examples, home country conditions of the foreign national may impede his/her ability to return home as originally planned, or may create temporary financial difficulties for the foreign nationals and his/her families; extreme situations beyond your control also may affect your ability to maintain lawful immigration status while in the United States.

The available temporary immigration relief measures you may apply include:

1. A change or extension of nonimmigrant status for an individual currently in the United States;
2. Expedited adjudication and approval, where possible, of requests for off-campus employment authorization for F-1 students experiencing severe economic hardship;
3. Expedited processing of immigrant petitions for immediate relatives of U.S. citizens and relatives of lawful permanent residents whose priority dates are current;
4. Expedited employment authorization, where appropriate;
5. Visitors traveling under the Visa Waiver Program may contact a USCIS local office for assistance at https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=LO ; and
6. Where applicable, humanitarian parole may be available.

Currently, the regions or countries that are affected by civil unrest or natural disaster include, but are limited to, the  Middle East region, Tunisia, Egypt, Algeria, Bahrain, Syria, Libya, and Japan.

By Aik Wan Kok Fillali, Attorney at Law, at Tiya PLC; Tel: 703-772-8224

www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net

We represent employers, and individuals and their families in green card and work visa matters in U.S. immigration law. We also have a focus on self-petition green card cases such as extraordinary ability and national interest waiver.

All Rights Reserved.

This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

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Additional U.S. Immigration Relief for Those Stranded Due to Earthquake and Tsunami in Japan

Tragedies are escalating in Japan as a result of its recent earthquake and tsunami.  With many U.S. citizens or residents having loved ones in Japan, and Japanese nationals already in the United States, the U.S. Citizenship and Immigration Services (USCIS) has issued a news release on March 17, 2011 outlining additional temporary immigration benefits that are available upon request.

For eligible Japanese nationals or U.S. residents stranded in Japan:

• Expedited processing of advance parole requests;
• Re-parole of individuals granted parole by USCIS;
• Expedited processing of immigrant petitions for immediate relatives of U.S. citizens and lawful permanent residents (LPRs); and
• Assistance to lawful permanent residents (LPRs) stranded overseas without immigration documents such as green cards.  If there are no overseas USCIS offices accessible by LPRs, the USCIS and the Department of State (DOS) will coordinate their immigration matters.

For eligible Japanese nationals already in the United States:

• The grant of an application for change or extension of nonimmigrant status for an individual currently in the United States, even when the request is filed after the authorized period of admission has expired;
• Re-parole of individuals granted parole by USCIS;
• Extension of certain grants of advance parole;
• Expedited adjudication and approval, where possible, of requests for off-campus employment authorization for F-1 students experiencing severe economic hardship; and
• Expedited employment authorization where appropriate.

For representation to bring eligible Japanese nationals to or extend status of these individuals in, the United States, please contact us at 703-772-8224 and koka@tiyalaw.com . 

By Aik Wan Kok Fillali, Attorney at Law, at Tiya PLC; Tel: 703-772-8224 www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net

We represent employers, and individuals and their families in green card and work visa matters in U.S. immigration law.  We also have a focus on self-petition green card cases such as extraordinary ability and exceptional ability.

All Rights Reserved. This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

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