Month: October 2022

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Updates

What the Biden admin has prepared and is doing for Dreamers

What the Biden admin has prepared and is doing for Dreamers
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With the Deferred Action for Childhood Arrivals (DACA) program still in limbo, the Biden administration has been on the move to prepare for the worst.

By worst, it means the halting of DACA. 

So far it has been declared illegal by at least two courts, but it will be reevaluated by a Texas judge to take into account the Biden administration’s new rules codifying the program.

Now what will happen if it still gets struck down all the way to the Supreme Court? Here’s the Biden government’s plan.

A big order is that if DACA recipients are to be deported, they will be deprioritized, especially if they are not deemed as threats to public safety and national security.

The problem with this order is that if Biden is replaced, he a new president can just simply undo this policy and reprioritize deporting DACA recipients who no longer have protection from deportation.

More upfront, the Biden administration has been urging lawmakers to pass a law that will provide DACA recipients a path to citizenship. As these recipients are called Dreamers, Congress has been called to pass a DREAM Act.

The problem with passing laws, however, is that it needs a broad enough support for it to materialize – which it currently does not have.

This has forced lawmakers to be creative with their proposals for Dreamers.

For example, Representative Ruben Gallego from Arizona has introduced a bill that would allow for Dreamers to gain citizenship through military service. This is widely seen to not pass.

With Dreamers continuously in limbo, the power still rests in the courts whether DACA will continue. This is unless the Biden administration takes more active measures to protect Dreamers.

Unsure about how this affects you or a Dreamer you know? Consult your trusted immigration lawyer.

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Updates

A surplus of work-based visas ends 2022

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The United States Citizenship and Immigration Services (USCIS) reached the maximum number of people who can get employment-based visas for 2022.

Earlier this month, the USCIS announced that over 70,000 visas were left to be allocated before the end of the fiscal year, which is on September 30, 2022.

By the end of the month, the USCIS announced that almost all of these visas have reached their limits and new applicants should come back for the next fiscal year.

Why is there a surplus of visas at the end of the year?

This is because the USCIS and the Department of State (DOS) publicly committed to maximizing all employment-based visas for 2022. 

The USCIS even encouraged immigrants to apply earlier this year.

This is in keeping with the Biden administration’s thrust towards giving immigrants more opportunities to stay in the United States all while letting them contribute to the country through their work.

Will the USCIS and DOS do the same for the next year?

For immigration advice for fiscal year 2023, consult with your trusted lawyer.

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Featured

Updated Advisory: Traveling to the Philippines and the U.S.

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TRAVELING TO THE PHILIPPINES

As of September 12, 2022, wearing of face masks is voluntary in open spaces and non-crowded outdoor areas with good ventilation in the Philippines.

For travel into the country, those who have been vaccinated need to carry an acceptable proof of vaccination and their passport, valid for a period of at least 6 months at the time of their arrival to the Philippines.

Since April 1, the Philippines has been open to all fully vaccinated foreign tourists. They won’t be required to any quarantine anymore. Children below 12 years old do not need to be fully vaccinated.

Most of the Philippines continues to be in the lowest Alert Level 1.

Unboosted individuals still need to provide a negative RT-PCR test, but if they have received at least one booster shot, they no longer need to present this.

A BOQ e-Health Declaration Card (e-HDC)  is still required to be filled up upon arrival.  This includes children.  

It can be filled up three days in advance of your departure through the BOQ’s One Health Pass webpage .  

Save a copy of the transaction number and QR code, which will be required by Philippine immigration authorities.

Unvaccinated and partially vaccinated travelers are still required to quarantine and are required to obtain travel insurance which covers treatment costs for COVID-19 from a “reputable insurance provider.” 

The requirements state that the plan must provide a minimum coverage of $35,000 USD for the duration of their stay in the country.

Monkeypox has been detected in the Philippines, but so far it has not been declared as a public health emergency. There is still no monkeypox vaccine available in the Philippines.

TRAVELING TO THE UNITED STATES

As of June 12, the United States CDC no longer required travelers into the states to present a negative COVID-19 test result or documentation of recovery from COVID-19.

Proof of vaccination is still required for non-US citizen nonimmigrants.

Non-immigrant and non-US citizen travelers still need to be fully vaccinated and must show proof of this before boarding the plane to the states.

Check the U.S. Centers for Disease Control (CDC) website for additional information and our Health Alert. 

The CDC will consider exceptions to COVID-19-related vaccination and testing requirements on an extremely limited basis. 

Categories
Updates

The new DACA regulation and what it means for Dreamers

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In August, the Biden administration released the new regulation concerning the Deferred Action for Childhood Arrivals or DACA.

What does this mean for Dreamers?

The good news: Before the regulation, DACA’s only basis was executive action. With the regulation, it is further formalized with guidelines, making it also stronger to legal scrutiny.

Some of the notable clarifications that the guideline gives is that immigration offenses such as juvenile delinquency, felonies, and misdemeanors, do not make someone automatically barred from the program.

It also clarifies that Dreamers can only be barred from working if their DACA status has been terminated and not when their deportation trial starts.

Currently there are over 600,000 immigrants who are enrolled in the DACA program.

The bad news: The regulation does not go far enough to give a pathway for Dreamers for citizenship. It also only deals with DACA renewals and does not provide for new DACA applications, which has been on hold for years.

The new rules are set to take effect on October 31, 2022.

To recall, DACA is currently under deliberation in a Fifth Circuit Court of Appeals, where advocates believe the program will be ruled as illegal.

With the codifying of DACA, the Biden administration can further argue for its legality. Even if the administration loses in the Fifth Circuit Court of Appeals, it can continue arguing before the Supreme Court, where it will most likely appeal to if it loses in the lower court.

Still, the best way United States leaders can continue DACA is through legislation: A law needs to be passed and signed by the president that will give a pathway to citizenship for Dreamers and to also allow more applications to come in.

For more information on DACA, consult with your trusted lawyer.

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Updates

The court ruling that could end DACA

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The Biden administration released a final version of a rule to strengthen the Deferred Action for Childhood Arrivals (DACA) to protect Dreamers, but the program is still endangered as a court reviews whether to strike the program down.

The legality of DACA is currently being reviewed by a three-judge panel from the Fifth Circuit Court. They heard arguments in July 2022, but are currently deliberating on its ruling.

Many believe the court will take down the program, which means the loss of opportunity for tens of thousands of aspiring Dreamers – the loss of work, education, and the chance to stay in the United States.

According to advocates, around 22,000 jobs will be lost per month with the termination of DACA. 

To protect Dreamers, Congress needs to pass legislation to create a way for them to get citizenship. 

If the DACA does get terminated through the Fifth Circuit Court’s ruling, however, it does not mean that it is the end for Dreamers.

The government can still appeal to the Supreme Court, where the legal battle can continue for longer, meanwhile leaving Dreamers longer in limbo about their status. 

Unsure about how this will affect you? Consult your trusted lawyer.

Categories
Updates

Public charge immigrant? Biden admin rolls back Trump-era rule

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The Biden administration is moving towards loosening requirements for permanent residency which took effect under former president Donald Trump.

A new Department of Homeland Security regulation will make it easier for some immigrants to evade being disqualified from obtaining residency through the “public charge” principle.

Immigrants are labeled “public charge” if they are seen to be more of an economic burden than a contributor to the United States. 

Under president Trump, the government expanded the definition of benefits so that these could be used against immigrants seeking permanent residency.

With the new regulation – which is coming this December 23, 2022 – the United States Citizenship and Immigration Services (USCIS) will only consider immigrants as “public charge” if “they are likely at any time to become primarily dependent on the government for subsistence.”

While it is months away, the Biden administration has stopped enforcing the public charge rules since the beginning of its term. With the upcoming regulation, the fear of many immigrants who could be labeled as public charge will be abated.

On one hand, the Trump administration then argued that their policy would push immigrants to work harder, but advocates have condemned the policy as too harsh for the vulnerable immigrant population.

There are hundreds of thousands of immigrants who seek green cards per year in the United States. There are also those who get residency through being refugees or getting asylum, which are categories where public charge rules do not apply.

For more information about the new regulation, consult with your trusted lawyer.