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Subscribe to this list via RSS Blog posts tagged in current immigration law

Posted on in Immigration

Chicago immigration attorneys, refugee status, refugee law, current immigration law, immigration statusIn September 2017, the federal administration began to float the idea of lowering the already-low refugee cap numbers for FY 2018, citing an allegedly insufficient vetting process, especially for those from countries which have historically sponsored terrorism. Given the somewhat frenetic pace of government in the eight months since the changeover, the story has somewhat gotten lost in the national media, but to those who have family members who might qualify for status, this is a very real concern. It is important to understand the truth of the situation and not fall prey to the misinformation that abounds.

The Process is Extremely Comprehensive

One of the most common misconceptions about refugee resettlement in the United States is that they are simply permitted to walk into the country, so to speak; the average layman is only familiar with standard visa vetting (if that), and often wrongly equates it with refugee processing.

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DACA status, deportation, deportation order, undocumented immigrant, Chicago deportation defense attorneysBarring a last-minute volte-face, the President has made the decision to officially end the Deferred Action for Child Arrivals (DACA) program initiated by his predecessor. He has stated that the official date for DACA to end will not be immediately, however; rather, in six months’ time the program will officially expire.

Regardless of specific dates, this decision has the potential to cause approximately 800,000 people to either be deported or temporarily removed from the only home many have ever known. If you are one of those people, there are factors you need to know.

Undocumented Status Creates Problems

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Chicago immigration attorneys, current immigration law, immigration attorney, undocumented immigrant, authorized immigrationOn August 2, 2017, the current administration unveiled a plan designed to convert the existing U.S. immigration system into a skill or merit-based structure, which would drastically curb documented immigration (as opposed to undocumented). While on paper, the plan merely appears to suggest mere procedural changes, conservative estimates show it would lead to a drop of approximately 50 percent in immigration overall, especially among those from non-English-speaking countries.

Uninformed pundits have been characterizing this as a positive, arguing that other immigrants will receive faster service than they would otherwise, and no one “undeserving” will be able to jump the proverbial queue. In reality, this is simply not how the U.S. immigration system works, and clearing up misconceptions like this can actually work in everyone’s favor—even citizens’.

Immigration is Not a Zero Sum Game

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expedited removals, Chicago deportation defense attorneys, immigration court, current immigration law, Illinois immigration, expedited removalNot content with arresting nearly 40 percent more immigrants on average since the new administration took office, in July 2017 the Department of Homeland Security and the White House began to investigate the possibility of expanding expedited removals, which would significantly alter the immigration landscape in the United States for a multitude of reasons.

The move would not be without controversy at a political level, but immigrant rights groups are incensed at what they argue would be a near-unlimited authority to arrest anyone without status, regardless of potential extenuating circumstances.

If you are undocumented, being conversant with the nitty-gritty details of the law may at least make your next steps more clear.

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Chicago immigration lawyers, TPS, temporary protected status, undocumented immigrant, current immigration law, skilled foreign nationalsSince the passage of the Immigration Act of 1990, it has been in the purview of first the Attorney General, later the Secretary of Homeland Security, to grant Temporary Protected Status (TPS) to nationals of countries which have experienced significant natural disasters, ongoing armed conflicts, or other conditions that make it dangerous for nationals abroad to return home. As of this writing, there are 10 countries whose nationals receive TPS, but discussion in recent months has underlined the precarious nature of such a status. If you are under TPS now, it is critical that you understand how and when that status is granted and when it can be rescinded.

Requirements for TPS

Once the Secretary of Homeland Security has granted TPS to the nationals of a specific country, those people who are currently physically present in the United States may apply for benefits. However, mere physical presence is not sufficient to satisfy the requirements for status.

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