Articles Posted in Asylum and Protection Law

USCIS—the government agency that receives most of the country’s asylum applications—has opened a new office in Tampa, Florida. Before this happened, everyone who was not in immigration court and who applied for asylum in the entire state of Florida had to go to Miami for their asylum interview. Sure there were exceptions, on occasion, asylum officers would go to Jacksonville, Florida to conduct interviews, but those interviews were few and far between.

Now, people from Pensacola to Jacksonville to Tampa no longer have to make the long and expensive trip to Miami for an asylum interview. Now, people from the Tampa Bay area, parts of Central and all of North Florida will head to Tampa for their interviews to see if they will be granted asylum. This is great news for everyone involved. This will make it easier for asylum applicants to travel to their interviews, this will make asylum interviews happen more frequently for all Floridians as there are now two offices and more officers conducting interviews. This will also make it more cost-effective for asylum applicants to bring their attorneys to their asylum interviews.

tampa-suburbs
USCIS has not yet released all the details or the exact geographical boundaries for the Tampa asylum office. What we do know is they are already open as of June, 2021 and they are already conducting interviews. The office is in the same building as ICE, so if you have been reporting to the Tampa ICE office for check-ins and you are called for an asylum interview, you will go to the same building. The address of the office is 524 W Cypress St, Tampa, Florida, 33607 right near the Tampa International Airport.

TPS is back for citizens of Haiti! USCIS announced that as of Friday May 21, 2021, Haitians in the United States may qualify for Temporary Protected Status, also known as TPS.

https://www.dhs.gov/news/2021/05/22/secretary-mayorkas-designates-haiti-temporary-protected-status-18-months

WHO WILL QUALIFY FOR THE NEW HAITIAN TPS?

It has finally happened, President Biden is set to announce that as of Monday, March 8, 2021, Venezuelans in the United States may qualify for Temporary Protected Status, also known as TPS.

WHO WILL QUALIFY FOR VENEZUELAN TPS?

The exact requirements for Venezuelan TPS have not yet been published (they should be soon), but based upon the TPS law and past TPS announcements, here is what I anticipate will be the TPS requirement for Venezuelans:

On his last full day as President, Donald Trump issued a “Memorandum on Deferred Enforced Departure for Certain Venezuelans.” There is much confusion about what this means for Venezuelan citizens in the United States. USCIS, the agency that handles applications for immigration benefits like Deferred Enforced Departure (DED), has not yet issued guidance or instructions for how to apply for Deferred Enforced Departure. However, other countries and regions have benefited from Deferred Enforced Departure in the past and that can provide guidance for how Venezuelan Deferred Enforced Departure will be rolled out by the Department of Homeland Security.

Flag_of_Venezuela_%28state%29
Here is what we do know about Venezuelan Deferred Enforced Departure:

  • It will last for at least 18 months and can be renewed;

My-Post-1

In another recent decision that Attorney General Jeff Sessions has assigned to himself, the Attorney General has foreclosed refuge for countless immigrants attempting to escape domestic violence in their home countries.  In Matter of A-B-, 27 I&N Dec. 316 (A.G. 2018), the Attorney General overruled a Board of Immigration Appeals decision which granted asylum to the victim of domestic violence in El Salvador.  The Attorney General also overruled a binding Board of Immigration Appeals decision, Matter of A-R-C-G-, 26 I&N Dec. 388 (BIA 2014), which held that “married women in Guatemala who are unable to leave their relationship” could constitute a “particular social group.”


What is asylum?


Asylum is a discretionary benefit that can be granted to those who:

IMG_0069-1024x536
Despite Emma Lazarus’ poignant words inscribed at the Statue of Liberty suggesting a welcoming embrace to asylum seekers, a troubling new implementation of policy is in direct conflict with our nation’s ideological fascination with freedom.  Immigration attorneys throughout the country are finding that people seeking asylum at our borders and within are being held in custody without parole or bond pending their asylum cases. Not only is this a strong deterrent to those who are being persecuted in other countries from finding freedom in the greatest free country in the world, it directly contradicts our longstanding ideals as a nation.

The United States was founded on the idea of freedom.  Religious freedom.  Political freedom.  Freedom in our daily lives.  Give me liberty or give me death.  We welcome the best and brightest from other nations and other cultures.  We incorporate the best ideas and the best practices from those best and brightest minds.  That is how we became the greatest nation on earth.  A melting pot of brilliance.  Yet, the message we see now coming from our government is very clear.  Asylum Seekers – You are not welcome.

I LIFT MY LAMP BESIDE THE GOLDEN DOOR!

Many people come to the United States to visit friends and family, to work, go to school, or just as tourists. However, some people come to the United States fleeing persecution, abuse or torture in their home countries. Many unfortunate souls are forced to flee their homelands to save themselves and their families; they come to the United States for refuge. Many people flee their home countries and then apply for refugee status outside of the United States. This is what is going on with thousands of Syrian refugees right now. These victims of the Syrian civil war have been forced to flee Syria and have applied for refugee status to come to the United States (and other countries). These refugee applicants are vetted for honesty, have their backgrounds checked and if they meet the definition of “refugee” according to our immigration laws, they can be given safe passage to the United States and resettled here as refugees.

But what about people who are already in the United States as tourists, students or just here, and they are afraid to go home because they will be targeted for persecution? The bad news is, if you are already here in the United States, you cannot apply for refugee status. The good news is, you can apply for asylum, which is in essence, the same thing as applying as a refugee abroad. If your asylum application is granted, you will be given asylee status and allowed to stay in the United States. After one year, you can apply for your green card (lawful permanent residence).

How do I apply for asylum if I am here in the United States you ask? Its complicated, but there are a few important things to remember when you are here in the United States and are afraid to return to your home country and therefore thinking about applying for asylum. First, go see an experienced and trusted immigration attorney who handles asylum cases. Do not go see a notario or paralegal or that guy in your neighborhood who applied for asylum. There is no replacement for competent and correct legal advice when it comes to you and your family’s future and safety. Before and after you consult with an immigration attorney, here are a few other things to remember.

Contact Information