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Immigration News

The Department of Homeland Security announces Temporary Protected Status Designation for Yemen
Release Date: September 03, 2015
WASHINGTON—Secretary of Homeland Security Jeh Johnson announced his decision to designate Yemen for Temporary Protected Status (TPS) for 18 months due to the ongoing armed conflict within the country. Yemen is experiencing widespread conflict and a resulting severe humanitarian emergency, and requiring Yemeni nationals in the United States to return to Yemen would pose a serious threat to their personal safety. As a result of Yemen’s designation for TPS, eligible nationals of Yemen residing in the United States may apply for TPS with U.S. Citizenship and Immigration Services (USCIS). The Federal Register notice posted today provides details and procedures for applying for TPS.

The TPS designation for Yemen is effective September 3, 2015, and will be in effect through March 3, 2017. The designation means that, during the designated period, eligible nationals of Yemen (and people without nationality who last habitually resided in Yemen) who are approved for TPS will not be removed from the United States and may receive an Employment Authorization Document (EAD). The 180-day TPS registration period begins today and runs through March 1, 2016.

To be eligible for TPS, applicants must demonstrate that they satisfy all eligibility criteria, including that they have been both “continuously physically present” and “continuously residing” in the United States since September 3, 2015. Applicants also undergo thorough security checks. Individuals with certain criminal records or who pose a threat to national security are not eligible for TPS.  Please contact Attorney Joseph A. Connell Sr, for additional information.

Temporary Protected Status Extended for Haiti
Release Date: August 25, 2015

WASHINGTON—Secretary of Homeland Security Jeh Johnson has extended Haiti’s designation for Temporary Protected Status (TPS) for an additional 18 months. The extended designation is effective Jan. 23, 2016, through July 22, 2017.

Current TPS Haiti beneficiaries seeking to extend their TPS status must re-register during a 60-day period that runs from Aug. 25, 2015, through Oct. 26, 2015. U.S. Citizenship and Immigration Services (USCIS) encourages beneficiaries to re-register as soon as possible once the 60-day re-registration period begins. USCIS will not accept applications before Aug. 25, 2015.

The 18-month extension also allows TPS re-registrants to apply for a new Employment Authorization Document (EAD). Eligible TPS Haiti beneficiaries who re-register during the 60-day period and request a new EAD will receive one with an expiration date of July 22, 2017. USCIS recognizes that some re-registrants may not receive their new EADs until after their current EADs expire. Therefore, USCIS is automatically extending current TPS Haiti EADs bearing a Jan. 22, 2016, expiration date for an additional six months. These existing EADs are now valid through July 22, 2016.

Haiti was initially designated for TPS on Jan. 21, 2010, after a major earthquake devastated the country. Following consultations with other federal agencies, the Department of Homeland Security has determined that current conditions in Haiti support extending the designation period for current TPS beneficiaries.

U.S. Files Appeal of Texas Judge’s Hold on Immigration Action

The Justice Department urged a federal appeals court Monday to reverse a hold a judge placed on President Barack Obama’s immigration executive action.

In the 69-page brief, filed with the 5th U.S. Circuit Court of Appeals, government lawyers challenged a preliminary injunction issued in February by a federal judge in Brownsville, Texas. That decision placed on hold an executive action that could spare from deportation as many as 5 million people who are in the U.S. illegally.

Justice Department lawyers say in the new court filing that the federal government has unique authority to enforce the nation’s immigration laws and to use its limited resources to exercise discretion during the deportation process, including by deferring removal of certain groups of immigrants, such as those who do not pose a public safety threat.

The executive action was challenged by a coalition of 26 states, led by Texas, who argued that the move was unconstitutional. The states have said they will suffer irreversible economic harm if the injunction is lifted. But the Justice Department says the states have failed to show exactly how they would be negatively affected by the executive action.