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This blog topic has been one of our most popular blogs over the years. It was almost seven years ago that we published this blog and since then many people from across the country have called us for help on this issue. If you want to read the original blog, which is still very useful, click here: 2016 blog. This blog is intended to provide an update on what I have seen over the last seven years representing clients from numerous states who have registered to vote when they were not U.S. citizens.

People who are not U.S. citizens are not eligible to vote in federal elections (elections for President and members of Congress) and in many states, non-U.S. citizens cannot vote in state or local elections.

It is a federal crime to vote in a federal election if you are not eligible to vote, even if you did not know you were not eligible. It is also a reason to deport any non-citizen and a reason to deny someone U.S. citizenship.

5BE4E053-A779-4BA9-AC75-AD273202E118The United States Supreme Court recently released a decision on June 13th, 2022 that will allow for prolonged detention of certain noncitizens who have a removal order, without the benefit of judicial review.  This decision is an unwelcome blow to those that have been held in custody for periods longer than six months because they will not be able to obtain a bond hearing in front of an immigration judge. The decision whether to continue detention or to release them on terms of supervision will remain with ICE.  

§241(a) of the Immigration and Nationality Act authorizes the detention of noncitizens who have deportation orders against them.  Under that provision, the noncitizen is supposed to be detained and removed within a period of 90 days.  This is known as the “removal period.”  §241(a)(6) provides that after the 90 day removal period, certain noncitizens may be detained or released on terms of supervision.  Any noncitizen not enumerated under §241(a)(6) that has not been removed within 90 days must be released.

§241(a)(6) allows the continued detention of noncitizens who (1) are inadmissible on certain grounds, (2) are removable on certain grounds, (3) are a risk to the community, or (4) are unlikely to comply with an order of removal.  The problem with this provision is that it does not state how long a noncitizen can be detained past the 90 day removal period.  Six months?  A year? Ten years?  Some courts have dealt with this issue by authorizing a bond hearing after six months in custody.  Such was the case here, in Johnson v. Arteaga-Martinez.  

The process of bringing your foreign fiancé to the U.S. can be challenging and difficult to navigate, as there are several requirements. A great first step you can take to jumpstart a life together with your significant other in the U.S. is to understand the legal requirements associated with bringing your fiancé to the U.S. and the initial steps of the process. 

1. Meet the Requirements

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In order to apply, you as the applicant or petitioner must meet the following requirements:

The Eleventh Circuit recently denied a petition for review of a decision of the Board of Immigration Appeals, effectively ending a Sri Lanka citizen’s asylum case.  In Senthooran Murugan vs. U.S. Attorney General, No. 19-13715 (August 24, 2021), a Sri Lankan citizen, Senthooran Murugan, fled Sri Lanka and entered the United States with the intent to seek asylum.  He was issued a notice to appear in removal proceedings and his case was heard before an immigration judge.

During the removal hearing, Mr. Murugan applied for asylum, withholding of removal and CAT (Convention against Torture) relief.  Mr. Murugan testified that he had been persecuted based on his membership in a particular social group (Tamils) and based on imputed political opinion.  Mr. Murugan testified that he had been arrested on three occasions in Sri Lanka and on one occasion he was held for four hours and slapped and kicked by soldiers.  Mr. Murugan testified that he thought he was going to die.

The immigration judge denied Mr. Murugan’s asylum, withholding and CAT claims and ordered him removed.  Mr. Murugan appealed to the Board of Immigration Appeals, who affirmed the immigration judge’s decision.  Mr. Murugan then appealed to the Eleventh Circuit Court of Appeals.

What is a Petition for Review?

             A petition for review (PFR) is a pleading that you may file in federal Circuit Court if you disagree with a decision regarding a removal or deportation order issued by the Board of Immigration Appeals or U.S. Immigration and Customs Enforcement. In most cases, you cannot appeal a decision of an immigration judge directly to the Circuit Courts, you have to appeal to the BIA first and then if you lose, you can file a PFR with the Circuit Court.

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Can I File a Petition for Review?

What is Prosecutorial Discretion?

            Prosecutorial discretion is the authority of government immigration agencies to determine how to use its resources (tax payer’s money) to enforce the law. This means that ICE attorneys may choose not to pursue certain immigration enforcement actions, such as arrests, detentions, or deportations, in particular cases.

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How can Prosecutorial Discretion Help Me?

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, USCIS announced 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?

As I thought, here are the TPS requirement for Venezuelans:

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Beginning on December 1st, 2020, applicants for naturalization will be required to take an expanded civics test at their naturalization interview.  The current test requires the applicant to answer 6 out of 10 questions correctly to pass.   Applicants study from a list of 100 possible questions.  The new test will require the applicant to answer 12 out of 20 questions correctly.  There will be 128 questions that the applicant will study and USCIS will choose 20 questions out of those 128 possible questions.  The applicant will have two chances to pass the test.  If the applicant does not answer 12 questions correctly at the first interview, they will be rescheduled for an additional interview where they will get one more opportunity to pass the test.  If the applicant does not pass the second time, he or she will have to start the entire naturalization process over by filing a new N-400 form along with new filing fees.


What kind of questions will they ask me during the civics exam at my naturalization interview?


The civics exam is designed to test your knowledge of  U.S. government and history topics.  Here are some of the questions that might be asked:

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USCIS is set to increase their filing fees on immigration benefit cases, beginning on October 2nd, 2020.  This means that anyone who wants to file for an immigration benefit, including a greencard, work permit, naturalization, asylum and more should consider filing their forms before the October 2nd date, or there could be a substantial increase in cost.


What are the new filing fees for a greencard application?


Don’t be fooled by the $10 decrease in filing fee for the I-485 application for a greencard from $1140 to $1130.  The total fees have actually dramatically increased.  The old fee used to include the I-765, which is an application for a work permit while the greencard application is pending.  Because the processing time for the greencard can be so long, currently up to 3 years in our jurisdiction, almost everyone is going to have to file an I-765 to obtain a work permit, which is usually approved within about 6 months.  The new fee for the I-765 is $550.

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