Maryland Immigration Attorney

The United States Supreme Court has ruled that Courts can review denials of Motions to reopen proceedings. The opinion, Kucana v. Holder will provide safeguards in judicial review of such motions and is a win for those seeking review of their cases on appeal.  It debunks the previous position that Courts lacked jurisdiction over discretionary decisions made by the Board of Immigration Appeals.

For those who are new to removal proceedings, a removal case is initially decided by a US Immigration Judge.  The Immigration Judge may grant or deny the relief requested by the person being removed.  In that case, the person being removed (often called Respondent), then can either file a motion to reopen proceedings with the Judge who denied his or her case, or file a direct appeal with the Board of Immigration Appeals.  (BIA).

In most cases, failure to appear will result in an order of removal being entered in absentia (as in this case).  The respondent ordered deported in absentia can file a Motion to reopen proceedings and the Immigration Judge would then decide if the Motion ought to be granted or denied, as matter of law and as a matter of discretion.    Some Courts (this case emanated from the Seventh Circuit) had taken the position that they lacked jurisdiction to review denials of such Motions decided by the Board of Immigration Appeals per (Real ID Act of 2005).    The Supreme Court of the United States disagrees in this new ruling written by Justice Ruth Bader Ginsburg.

Citizens and Nationals of Haiti living in the United States can apply for TPS starting today, January 21, 2010.  Temporary Protected Status (TPS), once granted, will allow those eligible to obtain an Employment Authorization Document (EAD).  Those in removal or deportation proceedings can halt such proceedings by having their cases administratively closed.

Haitians in the United States must show that they were living in the United States on January 12, 2010 and must not have been convicted of a felony or two misdemeanors.

Some key things to note:

- You are eligible for TPS even if you had applied for asylum and the asylum application was denied

- You are eligible for TPS even if another Immigration application you had filed was denied

- You can still file for any other Immigration benefit while on TPS

- You might be eligible for Advance Parole (permission to leave the United States and to re-enter after a short stay abroad)

-  Temporary Protected Status is a short-term relief and for Haiti this program will run for 18 months.

- Your application must received during the registration period (for Haiti within 6 months).

Nationals of Haiti living in the United States will be allowed to apply for Temporary Protected Status (TPS), Homeland Security Secretary Janet Napolitano announced Friday, January 15, 2010.

Temporary Protected Status is offered to nationals of countries facing extreme civil strife or natural disasters (such as hurricanes and earthquakes).

TPS offers relief in two ways.  First, nationals of the designated country (Haiti) cannot be removed to Haiti during the designated period.  Therefore those in removal or deportation proceedings can have their cases administratively closed.   Second, TPS also comes with the benefit of an Employment Authorization Document (EAD).

Nationals of Haiti would need to establish that they were in the United States on January 12, 2010, the date of the earthquake that has left many dead.  The reason for this cut-off date is to deter those in Haiti from traveling to the United States to seek TPS, the Homeland Security Secretary added.  The relief will be granted for an 18 month period.

Effective immediately, the USCIS has annouced new filing locations for N-400 Applications for Naturalization and Citizenship.  Depending on the State where you reside, the Applications are to be mailed to a new address in Dallas or Phoenix Arizona. 

The new address in Dallas is:

USCIS

P.O Box 660060

Dallas, TX 75266

The new address in Phoenix is:

USCIS

P.O Box 21251

Phoenix, AZ 85036

To avoid delays in mail-forwading, send the application to the correct new address.

Applicants in the United States military will submit their applications to the Nebraska Service Center as was the case before, therefore no change here.

People often ask: what can I do to increase the odds of my case being approved? Well, here are seven easy things that you can do to make sure your case gets approved the first time:

1. Make sure you are using the correct application form. Sounds easy enough, but many people will send the wrong form when trying to file for citizenship or a change of status application.

2. Make sure you completely respond to each item on the correct form. Leaving gaps and failing to respond to items on the form will result in a rejection of the application.

3. Make sure you sign the application. Sounds easy but again many people forget to sign the application where required.

4. Make sure you send the application to the correct address. The USCIS has different addresses for different applications and some depend on where you reside.

5. Make sure you send in the correct filing fee attached to your application. Underpayment or overpayment will result in a rejection of your application.

6. Make sure you attach the required basic/primary evidence for your case. For example, where a birth certificate is required, failure to attach it to the application will result in delays as the agency has to write to you and ask for it.

7. Make sure you case is ripe for filing. In other words, if you have to wait for a visa number, make sure the visa is available when you send in the application. If you are filing for citizenship and need to prove you have five years of permanent residence, make sure you meet that requirement before sending in your application. An application filed prematurely will be rejected.