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Recent Updates
January 06, 2012
The Best News Yet for Undocumented Foreign Nationals Immediately Related or Married to U.S. Citizens
January 03, 2012
Can the Priority Date From a Previously Denied I-130 Petition, Based on Marriage, Ever be Salvaged or Beneficial in Future?
December 20, 2011
The Road from NACARA to Legal Permanent Resident
November 17, 2011
When You Sign to Be Removed from the United States with ICE then Change Your Mind
November 02, 2011
Relief for Nationals from Central America Stranded in the U.S. Due to Extreme Flooding
Thank you for visiting our blog.
We have decided to create a web log (blog) that will be useful and informative for clients. This will be the place to look first for news and up-to-date information. Over the next couple of weeks, we'll begin posting information about common legal concerns related to Immigration law.
If you have any questions you would like addressed in this blog, please don't hesitate to Contact Us .
The Best News Yet for Undocumented Foreign Nationals Immediately Related or Married to U.S. Citizens
Posted by: ScottMond Law Firm
January 06, 2012
Topic: Family Law & Immigration
This week the Obama Administration announced that they will be providing relief to undocumented foreign nationals who must exit the country to gain status in the United States and are subject to three and ten year bars from reentry. We are very excited to provide the proposed law below which would allow families to reduce their fear and separation anxiety in correcting their loved ones U.S. immigration status.
DEPARTMENT OF HOMELAND SECURITY
8 CFR Part 212
RIN 1615-ZB10
Provisional Waivers of Inadmissibility For Certain Immediate Relatives of U.S. Citizens
AGENCY: U.S. Citizenship and Immigration Services, Department of Homeland Security.
ACTION: Notice of intent.
SUMMARY: U.S. Citizenship and Immigration Services (USCIS) intends to change its current process for filing and adjudication of certain applications for waivers of inadmissibility filed in connection with an immediate relative immigrant visa application. Specifically, USCIS is considering regulatory changes that will allow certain immediate relatives of U.S. citizens to request provisional waivers under section 212(a)(9)(B)(v) of the Immigration and Nationality Act of 1952, as amended (INA or Act), 8 U.S.C. 1182(a)(9)(B)(v), prior to departing the United States for consular processing of their immigrant visa applications. An alien would be able to obtain such a waiver only if a Petition for Alien Relative, Form I-130, is filed by a U.S. citizen on his or her behalf and that petition has been approved, thereby classifying the alien as an "immediate relative" for purposes of the immigration laws, and he or she demonstrates that the denial of the waiver would result in extreme hardship to the alien's U.S. citizen spouse or parent "qualifying relative." The qualifying relative for purposes of the waiver is not necessarily the immediate relative who filed the immigrant visa petition on the alien relative's behalf.
FOR FURTHER INFORMATION CONTACT: Roselyn Brown-Frei, Office of Policy and Strategy, U.S. Citizenship and Immigration Services, Department of Homeland Security, 20 Massachusetts Avenue, NW., Washington, DC 20529-2099, telephone (202) 272-1470 (this is 2 not a toll free number).
SUPPLEMENTARY INFORMATION:
I. Background
A. Overview
The proposed process is intended to reduce the time that U.S. citizens are separated from immediate relatives who are required to remain outside the United States for immigrant visa application processing and during the adjudication of waivers of inadmissibility. Through this change, USCIS does not intend to modify the standard for assessing eligibility for these waivers, including whether the denial of the waiver would result in extreme hardship to a U.S. citizen spouse or parent ("qualifying relative"). For purposes of the waiver under section 212(a)(9)(B)(v) of the Act, a "qualifying relative" is a U.S. citizen spouse or parent or a lawful permanent resident spouse or parent who would suffer extreme hardship if their relative were not allowed to immigrate. For purposes of this provisional waiver program, DHS intends to limit who may participate in this program to immediate relatives who can demonstrate extreme hardship to a U.S. citizen spouse or parent. Even if they obtain a provisional waiver, eligible aliens who are required to obtain a visa through consular processing would still be required to depart from the United States to apply for an immigrant visa. The purpose of the new process is to reduce the time that U.S. families remain separated while their relative proceeds through the immigrant visa process. Certain grounds of inadmissibility can bar aliens from being admitted to the United States or obtaining an immigrant visa, preventing U.S. citizens from reuniting with their immediate relatives. However, the Secretary of Homeland Security, through USCIS, may waive some of those grounds. An alien who is subject to one or more grounds of inadmissibility must obtain a 3 waiver, if available, from USCIS before he or she may be issued an immigrant visa by a Department of State consular officer at a U.S. embassy or consulate overseas. The bars to admission under section 212(a)(9)(B)(i)(I) and (II) of the INA, 8 U.S.C. 1182(a)(9)(B)(i)(I) and (II), based on accrual of unlawful presence in the United States, comprise one such ground. Typically, under current processes, aliens who are immediate relatives of U.S. citizens applying for immigrant visas at Department of State consular posts must apply for waivers of unlawful presence while outside the United States after a finding of inadmissibility is made by a Department of State consular officer in conjunction with their immigrant visa applications. As a result, U.S citizen petitioners are often separated for long periods of time from their immediate relatives who are applying for immigrant visas and have accrued a certain period of unlawful presence in the United States. This revised process, which eliminates the time-consuming interchange between the Department of State and USCIS, would significantly reduce the amount of time that American families will be separated from their immediate relatives. USCIS also believes that efficiencies can be gained through this revised process for both the U.S. Government and most applicants. USCIS intends to limit consideration for the provisional waiver to aliens who qualify for classification as immediate relatives of U.S. citizens, who have a U.S. citizen spouse or parent who would suffer extreme hardship if the waiver were denied, and for whom the sole basis for inadmissibility is unlawful presence in the United States of more than 180 days. USCIS would grant a provisional waiver if the alien meets the eligibility requirements described in this Notice, including demonstrating that the applicant's qualifying U.S. citizen spouse or parent would suffer extreme hardship and that the applicant warrants a favorable exercise of discretion. The provisional waiver would be granted before the alien leaves the United States to attend his or her 4 immigrant visa interview with a consular officer. The provisional waiver, however, would not become effective unless and until the alien departs from the United States. If the alien is otherwise eligible for the immigrant visa, the consular officer may then approve the issuance of the visa so that the alien may proceed to immigrate to the United States for permanent residence. This notice of intent generally describes the proposal that USCIS is considering. USCIS will further develop, and ultimately finalize, this proposal through the rulemaking process. This effort is consistent with Executive Order 13563's call for agencies to "consider how best to promote retrospective analysis of rules that may be outmoded, ineffective, insufficient, or excessively burdensome, and to modify, streamline, expand, or repeal them in accordance with what has been learned." Do not send an application requesting a provisional waiver under the procedures under consideration in this notice. Any application requesting this new process will be rejected, and the application package returned to the applicant, including any fees, until a final rule is issued and the change becomes effective.
B. Authority
The Homeland Security Act of 2002, Public Law 107-296, section 102, 116 Stat. 2135, 6 U.S.C. 112, and section 103 of the INA, 8 U.S.C. 1103, charge the Secretary of Homeland Security with administration and enforcement of the immigration and naturalization laws. The Secretary would effectuate these proposed changes under the broad authority to administer the Department of Homeland Security and the authorities provided under the Homeland Security Act of 2002, the immigration and nationality laws, and other delegated authority.
C. Grounds of Inadmissibility
U.S. immigration laws provide mechanisms for U.S. citizens to petition for certain family members for admission to the United States for purposes of family reunification. At the same 5 time, however, the immigration laws prescribe acts, conditions, and conduct that bar aliens, including immediate relatives of U.S. citizens, from being admitted to the United States or obtaining an immigrant visa. Such acts, conditions, and conduct include certain criminal offenses, public health concerns, fraud, misrepresentation, failure to possess proper documents, accrual of more than 180 days of unlawful presence in the United States, and terrorism. The grounds of inadmissibility are set forth in section 212(a) of the INA, 8 U.S.C. 1182(a). The Secretary of Homeland Security has the discretion to waive certain inadmissibility grounds, upon the filing of a request by an alien who meets the relevant statutory requirements. If the Secretary, through USCIS, grants such a waiver, the waived ground will no longer bar the alien's admission, readmission, or immigrant visa eligibility based on that specific ground of inadmissibility. One of the inadmissibility grounds is described in section 212(a)(9)(B)(i) of the Act, 8 U.S.C. 1182(a)(9)(B)(i). Under part (I) of this provision, an alien who was unlawfully present in the United States for more than 180 days but less than one year, and who then departs voluntarily from the United States before the commencement of removal proceedings, will be inadmissible for three years from the date of departure. Under part (II) of the same provision, an alien who was unlawfully present for one year or more and then departs before, during, or after removal proceedings, will be inadmissible for ten years from the date of the departure. The three- and ten-year unlawful presence bars do not take effect unless and until an alien departs from the United States. By statute, aliens are not considered to be accruing unlawful presence for purposes of section 212(a)(9)(B)(i) if they fall into certain categories. For example, aliens do not accrue unlawful presence while they are under 18 years of age. See INA section 212(a)(9)(B)(iii)(I), 8 U.S.C. 1182(a)(9)(B)(i)(iii)(I). Similarly, individuals with pending asylum 6 claims generally are not considered to be accruing unlawful presence while their applications are pending. See INA section 212(a)(9)(B)(iii)(II), 8 U.S.C. 1182(a)(9)(B)(i)(iii)(II). Battered women and children and victims of a severe form of trafficking in persons are not subject to the section 212(a)(9)(B)(i) ground of inadmissibility at all if they demonstrate that there was a substantial connection between their victimization and their unlawful presence. See INA 212(a)(9)(B)(iii)(IV)-(V), 8 U.S.C. 1182(a)(9)(B)(i)(iii)(IV)-(V). Aliens who are subject to the unlawful presence bars must apply for and be granted a waiver in order to receive an immigrant visa and be admitted to the United States. The Secretary of Homeland Security has the discretion to waive the three- and ten-year unlawful presence bars if the alien is seeking admission as an immigrant and if the alien demonstrates that the denial of his or her admission to the United States would cause "extreme hardship" to the alien's qualifying relative. See INA section 212(a)(9)(B)(v), 8 U.S.C. 1182(a)(9)(B)(v). The qualifying relative for purposes of the waiver is not necessarily the relative who filed the immigrant visa petition on the alien relative's behalf. For example, an alien applicant's U.S. citizen spouse may have filed the immigrant visa petition on the applicant's behalf, but the applicant's unlawful presence waiver application may be based on extreme hardship to the applicant's U.S. citizen parent. Because the granting of a waiver is discretionary, the alien also must establish that he or she merits a favorable exercise of discretion.
D. Current Process and Problems
An alien who must apply for permanent residence through consular immigrant visa processing outside the United States must appear for an interview with a Department of State consular officer abroad. Currently, if the consular officer determines that the alien is subject to 7 the three- or ten-year bar, the consular officer advises the alien that he or she is eligible to apply for a section 212(a)(9)(B)(v) waiver by filing a Form I-601, Application for Waiver of Grounds of Inadmissibility, with USCIS. Under current rules, an individual is not permitted to apply for the section 212(a)(9)(B)(v) waiver before the consular officer has made the inadmissibility determination. Once the Form I-601 is filed, in most cases, the file is transferred from the Department of State to USCIS. USCIS adjudicates that waiver request while the alien remains outside the United States and awaits a decision. If USCIS approves the waiver, USCIS notifies the Department of State, and the Department of State may then issue the immigrant visa if the applicant is otherwise eligible. If the waiver is denied, the alien may appeal the decision to the USCIS Administrative Appeals Office and, if the denial is upheld, the alien must remain outside the United States for three or ten years before being able to reapply for an immigrant visa. However, a denial does not preclude the alien from filing another Form I-601 in the future. The three- and ten-year unlawful presence bars under section 212(a)(9)(B)(i)(I) and (II) of the Act do not apply unless and until the applicant departs from the United States. At the same time, many aliens who would trigger these bars if they depart from the United States are, for other reasons, statutorily ineligible to apply for adjustment of status to lawful permanent residence while remaining in the United States. Consequently, they must depart to regularize their immigration status by applying for their immigrant visas at a U.S. embassy or consulate abroad. The action required to regularize the status of an alien, departure from the United States, therefore is the very action that triggers the section 212(a)(9)(B)(i) inadmissibility that bars that alien from obtaining the immigrant visa.
II. Proposed Waiver Process 8
A. Proposed Process
The proposed change would create a more streamlined and efficient process for waiver applicants whose sole inadmissibility ground is unlawful presence, while simultaneously minimizing family separation. If the waiver determination, with respect to unlawful presence, were made in advance of the immigrant visa interview and the applicant otherwise were eligible for the immigrant visa, the consular officer could simply issue the immigrant visa at the time of the visa interview. The new process thus will reduce the movement of the case back and forth between the Department of State and USCIS, which significantly prolongs the overall process and increases the time that U.S. citizens are separated from their immediate family members. Additionally, the new process would reduce U.S. Government costs associated with the movement of cases, and provide a more efficient visa process overall.
B. Affected Visa Categories
USCIS intends to limit this process change to aliens who are immediate relatives of U.S. citizens, as defined in section 201(b)(2)(A)(i) of the Act, 8 U.S.C. 1151(b)(2)(A)(i), who must depart from the United States to obtain immigrant visas, and whose U.S. citizen spouse or parent would suffer extreme hardship if the applicant were denied admission to the United States. The term "immediate relative" means the spouse, parent or child (unmarried and under 21 years old) of a U.S. citizen, except that, in the case of a parent, the U.S. citizen son or daughter petitioning for an immigrant visa must be at least 21 years old. Certain self-petitioners (i.e., widows/widowers of U.S. citizen and their minor unmarried children) may also be considered immediate relatives. See INA 201(b)(2)(A)(i), 8 U.S.C. 1151(b)(2)(A)(i). Individuals applying for a waiver must also establish that the grant of the provisional waiver is warranted as a matter of discretion. 9 Because the focus on family unificationof U.S. citizens and their immediate relatives is consistent with Congress' prioritization in the immigration laws, USCIS has identified immediate relatives of U.S. citizens as the class of aliens to consider for this procedural change. In addition, Congress did not set an annual limitation for the number of immediate relatives of U.S. citizens admitted to the United States. Therefore, these relatives always have an immigrant visa immediately available, and the visa thus can be processed immediately upon approval.
C. Ground of Inadmissibility Considered for Provisional Waiver
USCIS intends to further limit this procedural change to waivers filed by immediate relatives of U.S. citizens whose only ground of inadmissibility is the three- or ten-year unlawful presence bar under section 212(a)(9)(B)(i)(I) or (II) of the Act, 8 U.S.C. 1182(a)(9)(B)(i)(I) or (II). Aliens who require waivers for one or more additional grounds of inadmissibility, such as fraud or willful misrepresentation (section 212(i) waiver) or certain criminal offenses (section 212(h) waiver), in conjunction with their immigrant visa applications must continue to file a Form I-601 while outside of the United States in accordance with the existing process. To qualify for the provisional waiver process, an applicant must establish not only that he or she is the immediate relative of a U.S. citizen, but also that denial of the waiver would result in extreme hardship to a qualifying relative. The qualifying relative must be a U.S. citizen spouse or parent but does not need to be the U.S. citizen petitioner. Only extreme hardship from the denial of a waiver to a qualifying U.S. citizen relative makes an alien eligible for the provisional waiver process; extreme hardship to the alien himself or herself as a result of denial does not make the alien eligible. An alien whose waiver application is based on extreme hardship to a lawful permanent resident spouse or parent must continue to apply for the waiver from outside the United States in accordance with existing procedures. Eligible aliens, 10 furthermore, must be the beneficiaries of petitions classifying them as immediate relatives of U.S. citizens, and thus have visas immediately available. Because the granting of a waiver is discretionary, eligible aliens also must establish that they merit a favorable exercise of discretion. The standard for assessing whether denial of the waiver would result in extreme hardship to the U.S. citizen spouse or parent of such aliens will remain unchanged.
D. Adjudication and Decisions
After filing the Form I-601 with USCIS, DHS envisions that an alien seeking a provisional waiver would be required to undergo biometrics collection. USCIS would deny the application for a provisional waiver if other possible grounds of inadmissibility are found or arise during adjudication. If the application is approved, USCIS would notify the Department of State and the alien of the provisional approval. In all instances, a Department of State consular officer would make the formal inadmissibility finding during or following the immigrant visa interview abroad, and if no other grounds of inadmissibility arise, the provisional waiver under section 212(a)(9)(B)(v) of the Act granted by USCIS would facilitate immigrant visa issuance. If, however, the consular officer finds during adjudication of the immigrant visa application that the individual is subject to another ground of inadmissibility that can be waived, the alien would need to file another waiver application with USCIS. This process would not alter the requirement that an alien depart from the United States to apply for an immigrant visa. An alien who receives a provisional waiver under section 212(a)(9)(B)(v) of the Act for the three- or ten-year bar under section 212(a)(9)(B)(i)(I) or (II) of the Act would not gain the benefit of such waiver unless he or she departs from the United States. The departure from the United States would have to take place to activate the provisional 11 waiver under section 212(a)(9)(B)(v) of the Act.
E. Excluded Visa Categories
Aliens who would not be eligible for this provisional waiver adjudication process and aliens who are denied provisional approval of their waiver requests would continue to follow current agency processes for filing and adjudication of waiver requests. Aliens who fall under any other family- or employment-based or other visa category or whose section 212(a)(9)(B)(v) waiver eligibility would be based on extreme hardship to a lawful permanent resident alien relative would not be considered for provisional waivers. Aliens who are subject to other grounds of inadmissibility or removal also would not be considered for provisional waivers. Further, aliens with waiver applications under section 212(a)(9)(B)(v) of the Act currently pending in either administrative or judicial proceedings would not qualify for this new process.
III. Conclusion
This document outlines the key elements of USCIS's proposed change to its current process for filing and adjudication of waivers of inadmissibility for unlawful presence for immediate relative of U.S. citizens. The focus on family unification of U.S. citizens and their immediate relatives is consistent with Congress's prioritization in the immigration laws; the new process will reduce the movement of the case back and forth between the Department of State and USCIS, which significantly prolongs the overall process and increases the time that U.S. citizens are separated from their immediate family members. The proposed change would affect only when and where certain aliens can apply for waivers of the unlawful presence grounds of inadmissibility; it would not change the extreme hardship standard for evaluating eligibility for the waiver nor would it change whether aliens subject to these grounds of inadmissibility must depart the U.S. to apply for their immigrant visas. USCIS plans to effectuate this proposal 12 through the regulatory process. USCIS will issue a proposed rulemaking that will explain the proposal in further detail and that will invite comment from all interested parties. Note: Do not send an application requesting a provisional waiver under the procedures under consideration in this notice. Any application requesting this new process will be rejected and the application package returned to the applicant, including any fees, until a final rule is issued and the change becomes effective.
_____________________________
Janet Napolitano,
Secretary of Homeland Security.
[FR Doc. 2012-140 Filed 01/06/2012 at 8:45 am; Publication Date: 01/09/2012]
The above law is ONLY proposed. Please contact us at info@scottcclaw.com if you have any questions or call us at one of our telephone numbers conveniently listed at http://www.scottcclaw.com/.
ScottMond Law Firm
Scottcclaw.com
Can the Priority Date From a Previously Denied I-130 Petition, Based on Marriage, Ever be Salvaged or Beneficial in Future?
Posted by: ScottMond Law Firm
January 03, 2012
Topic: Family Law & Immigration
The answer is "Yes". Section 245(i) of the Immigration and Nationality Act (INA) states the following:
You may be eligible to receive a green card through Section 245(i) if you:
- Arethe beneficiary of a qualified immigrant petition (Form I-130 or I-140) or application for labor certification (Form ETA-750) filed on or before April 30, 2001
- Were physically present in the United States on December 21, 2000, if you are the principal beneficiary and the petition was filed between January 15, 1998, and April 30, 2001
- Are currently the beneficiary of a qualifying immigrant petition (either the original Form I-130 or I-140 through which you are grandfathered or through a subsequently filed immigrant petition)
- Have a visa immediately available to you
- Are admissible to the United States
The above law provision is referred to as "grandfathering", and is a very powerful way for a foreign national to adjust status to a U.S. Permanent Resident as soon as possible.
For instance, if a client (foreign national) had a 2001 I-130 petition filed by her spouse, and it was later denied due to divorce; if she then remarries her husband or a new husband, the priority date of the original I-130 may be considered. This would allow a visa number to possibly be immediately available.
The law is complex in this area and requires an experienced Immigration attorney to evaluate eligibility. However, if the person was divorced and the original marriage was valid, then the fact that the original application was denied does not preclude it from being a grandfathering petition. The grandfathering petition must have been timely, meritorious in fact, and non-frivolous.
A copy of the original denial documents and proof of presence in the U.S. before 2000 filed along with a new petition, may allow a foreign national to adjust status quickly based on the more recent priority date which is controlled by the Visa Bulletin issued by the Department of State.
If you have any questions regarding grandfathering you may contact our law firm at info@scottcclaw.com. Or our office telephone numbers are conveniently listed at www.scottcclaw.com
ScottMond Law Firm
www.scottcclaw.com
The Road from NACARA to Legal Permanent Resident
Posted by: ScottMond Law Firm
December 20, 2011
Topic: Permanent Resident
The road from Nicaraguan Adjustment and Central American Relief Act ("NACARA") eligibility to becoming an actual U.S. Permanent Resident is riddled with legal challenges and complexities. This short article will focus on the last major hurdle of the process. That is...where a client is placed in Removal Proceedings, files an application for NACARA and is then left in a holding pattern still awaiting their Legal Permanent Resident Status card.
Generally, NACARA states that Nicaraguans, Cubans, Salvadorans, Guatemalans, nationals of former Soviet bloc countries and their dependents are able to become legal permanent residents of the United States provided that they were registered asylums seekers who stayed in the United States for at least 5 years since December 1, 1995. Some conditions regulate this clause. (WikiPedia). Some individuals are only eligible for NACARA if they are placed in legal removal proceedings in front of a U.S. Immigration Judge. The determination of who can file NACARA and where is a complex immigration analysis which requires an experienced attorney.
The good news is that an Immigration judge has the power to grant NACARA once a foreign national is referred to proceedings. Once a foreign national applicant is granted NACARA, the question often arises, "when will my Permanent Resident card (Green Card) arrive and my status be official?"
If you or a loved one has this concern, it is important to know that the U.S. Citizenship and Immigration Services-Texas Service Center ("TSC") is the office that receipts these applications. Maintaining a copy of this receipt in your own personal records is essential. The file has to be moved from the Executive Office of Immigration Review (i.e. litigation) back to the Enforcement and Removal Office ("ERO"). Once the file is received back in ERO, then the government has thirty days to transfer it back to USCIS. USCIS will stamp the passport and issue the Permanent Resident Green Card. When this occurs, the case is finally closed and a NACARA applicant will finally be a Legal U.S. Permanent Resident. Following up with Infopasses may be helpful, but ensuring you or your attorney is staying in touch with the TSC will help the process move forward in a timely manner.
If you have further questions you may contact our law firm at info@scottcclaw.com or visit http://www.scottcclaw.com/ where our telephone numbers are conveniently listed.
ScottMond Law Firm
www.scottcclaw.com
When You Sign to Be Removed from the United States with ICE then Change Your Mind
Posted by: ScottMond Law Firm
November 17, 2011
Topic: Deportation & Detainment
We often have detained clients who contact our office after signing to be removed from the United States. These clients have often been detained unexpectedly and are tired. Suddenly an ICE Officer appears advising client that their case may be "hopeless". The ICE officer then provides the option for the client to sign to be removed.
Detained individuals will typically be presented with two different documents when in immigration detention. An 826 Notice is presented and a 10 page document where a detained individual can agree to waive an attorney and select options including being removed from the United States. Often, the client signs to be removed, and later regrets this option and reaches out to immigration legal counsel to help them.
The purpose of this short blog article is to provide instructions on what to do when a detained individual in ICE custody seeks to withdraw and retract what he or she signed which has now caused them to be in the process of being physically removed and deported without any legal representation.
Fortunately, if you know anyone in this situation, it is NOT too late to retract and withdraw having signed to be removed from the United States. In order to withdraw what is now a signed Stipulated Order to be deported, however, one must engage an Immigration attorney to take very swift action.
An Immigration attorney may file a "Motion to Withdraw Stipulated Order" in U.S. Immigration Court. In order for the motion to be successfully granted, facts are important. Speaking with Immigration counsel and establishing the facts is essential for the attorney to prepare a well written Motion to Withdraw. Once the Judge agrees to withdraw the Stipulated Order, a detained or non detained foreign national may move forward in fighting against being removed or deported from the United States.
If you have any questions or concerns, our attorneys are available to meet with you, and you may contact us at info@scottcclaw.com. Or Visit our website at http://www.scottcclaw.com/ where our different office telephone numbers are listed for your convenience.
ScottMond Law Firm
Relief for Nationals from Central America Stranded in the U.S. Due to Extreme Flooding
Posted by: ScottMond Law Firm
November 02, 2011
Topic: Special Situations and Humanitarian Relief
Extreme flooding occurring in Central America has led U.S. Citizenship and Immigration
Services (USCIS) to reminding everyone of immigration benefits available upon request to
eligible nationals from countries in that region.
USCIS understands that a natural disaster can affect an individual's ability to establish or
maintain lawful immigration status. Temporary relief measures available to eligible
nationals from Central American countries that are currently in the U.S. may include:
Approval for a change or extension of non-immigrant status, even in cases where the
request is submitted after an individual's authorized period of admission has expired.
- Re-parole of individuals granted parole by USCIS.Extension of certain grants of advance parole and expedited processing of requests for advance parole.
- Expedited adjudication and approval of requests by students with F-1 visas for off-campus employment authorization due to severe economic hardship.
- Expedited processing of immigrant petitions for immediate relatives of U.S. citizens and permanent residents.
- Expedited processing of employment authorization.
- Assistance, in coordination with the Department of State, to permanent residents stranded overseas without documents.
To learn about more options for immigration, you may contact our attorneys at info@scottcclaw.com or call us at one of our offices listed conveniently at http://www.scottcclaw.com/.
ScottMond Law Firm

