Author: tancincowp

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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.

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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.

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Pusong Pinoy Sa Amerika

Atty Lou Returns for 17th Season of Pusong Pinoy sa Amerika

ATTORNEY LOU RETURNS FOR THE 17TH SEASON OF “PUSONG PINOY SA AMERIKA
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True to its mission of service to those wanting to come to the United States in search of a better life, award-winning weekly television program Pusong Pinoy sa Amerika (PPSA) is back for its 17th season, with veteran U.S. immigration lawyer Atty. Lou Tancinco and talented multimedia personality Eric Quizon as co-hosts. Throughout its several seasons, Pusong Pinoy sa Amerika has been an important and reliable resource on immigration issues affecting Filipino families.

Season 17 will provide viewers an understanding of the issues that affected the immigration system during the pandemic and how it is faring in a Biden administration faced with bi-partisan politics and economic challenges.

The show will also continue to feature real-life stories of immigrants to the U.S., in a feature called “Iba Ang Pinoy”.

Through the years, Pusong Pinoy sa Amerika has been consistently recognized by various award-giving bodies for its advocacy, achievements in journalism, and stellar production such as the 2019 Migration Advocacy and Media (MAM) Award, a Television Journalism Award for Best Regular TV Program, or the 2018 NAMIC Vision Award (Nominee), Foreign Language Category award for its episode called “From Deported to Supported”.

Continuing this tradition of service and excellence, here is what to expect in Pusong Pinoy sa Amerika’s 17th season:

PART 1: Current Immigration System As Affected by the Pandemic, an in-depth discussion on the visa policy changes and how it continues to impact immigrant families and immigrant owned businesses: How are Filipino families and immigrants coping?

EPISODE 1: Backlog at the U.S. Embassy and Priority Dates
EPISODE 2: Disruption in Travel and its Impact on Immigrants,Temporary Visa Holders and U.S. Citizens
EPISODE 3: Petitioner Died During the Pandemic,How to Revive a Dead Petition
EPISODE 4: Abandonment of Green Card Status: Voluntary or Unintentional?

PART 2: Addressing the Healthcare Worker Shortage: An Examination of the Visa Options and Recruitment of Health Care Workers and Entrepreneurs in the Healthcare Industry

EPISODE 5: Immigrating As Registered Nurses
EPISODE 6: H1B Visas for Physical Therapist
EPISODE 7: The Filipino American Care Home Owners
EPISODE 8: Green Cards for Filipino Caregivers?

PART 3: Filipino Immigrants in the US: The Success Stories, those Who Thrive and Strive to Survive Amid the Pandemic

EPISODE 9: The Filipino Teachers and the J1 Exchange Visitor Program
EPISODE 10: U.S. Citizenship At Birth
EPISODE 11: Filipinos In the Food Industry: Visas for the Entrepreneurs & the Filipino Workers
EPISODE 12: Families Left Behind by Filipino WWII Veterans: Are there chances of immigrating?
EPISODE 13: Voluntarily Departing: It’s Been A Good Run, is it time to go home ?

Pusong Pinoy sa Amerika airs on GMA Pinoy TV on Sundays, beginning July 3, 2022 at 4:30pm (PST); 7:30pm (EST).

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Updates

How to Reschedule Your Biometrics Appointment

How to Reschedule Your Biometrics Appointment
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Depending on the type of application you file with USCIS, you may be required to appear at a USCIS office for a biometrics appointment. For example, biometrics may be required if you file an I-485 (adjustment of status or green card application), I-765 (application for employment authorization document), I-131 (application for travel document), or an I-539 (application for extension or change of status). During a biometrics appointment, USCIS will collect your fingerprints, a photo, and a sample of your signature.

How to Know If a Biometrics Appointment Is Required
If you are required to appear for biometrics, USCIS will mail an appointment notice to your address and your attorney’s address. The notice will tell you when and where USCIS expects you to appear. You should make every effort to go to your biometrics appointment as scheduled. Rescheduling the appointment will take time and likely delay processing of your application.

If you cannot make it to your scheduled biometrics appointment, you may contact USCIS to reschedule according to the appointment notice’s instructions or the following procedure:

  1. Call the USCIS Contact Center at 1-800-375-5283 before the date and time of your original appointment.
  2. Explain why you have “good cause” for rescheduling.
  3. Wait for a USCIS scheduler to call you back with a new date and time. Please note: USCIS often takes multiple days or weeks to respond to a rescheduling request.

It is vitally important to call as early as possible to request rescheduling. If you do not call USCIS before your scheduled appointment, or if USCIS thinks you do not have good cause to reschedule, they may not agree to reschedule the appointment. If USCIS refuses to reschedule or you do not hear back from them in time and you do not attend the original appointment, your underlying application may be considered abandoned and be denied.

To find out more about rescheduling or determining if you are eligible to reschedule an appointment, we encourage you to reach out to Tancinco Law through our website at www.tancinco.com or law@tancinco.com or call us at 1-888-930-0808.

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Updates

H-2B visa – A Path to Employment in post-Pandemic USA

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A significant number of U.S. employers are experiencing a shortage of employees as a result of the “Great Resignation” brought about by the pandemic.

With this reality U.S. businesses find themselves in need of employees who either left or were let go during the height of the coronavirus outbreak.

The United States Citizenship and Immigration Services (USCIS) allows only 66,000 visas for each fiscal year. But recently, more visa numbers are being added to this temporary work program. USCIS announced in May 2022 that 35,000 additional H-2B visas were made available for the second half of the fiscal year 2022.

The H-2B visa could well be any immigrant’s path to employment in the United States, albeit only temporarily.

What is the H-2B?

The H-2B visa is also known as the temporary nonagricultural worker visa.

These are given to non-Americans who would like to work for companies that would otherwise suffer “impending irreparable harm” if they did not employ non-citizens.

Here are the conditions that need to be met for granting the visa:

  1. The employment needs to be for a limited period
  2. The limited period must be less than a year
  3. The employers must prove that there are not enough American workers to do the temporary work
  4. The employment of the non-Americans must not affect the wages for American workers posted in similar jobs

Those who wish to get an H-2B meanwhile need to get a job offer from an American employer that can meet the above criteria.

Applicants need to prove that they will return to their country after the temporary employment.

After the first limited period is complete, the employee can extend their employment for up to 3 years if the employer can prove that the employee is still needed.

The problem and the opportunity

The problem is that within days of the USCIS’s announcement, the cap for applications was already reached.

But, this is not the end for H-2B and other paths for employment.

The 35,000 cap was announced after the US Bureau of Labor and Statistics reported 11.4 million job openings in April.

Months later, employers are still looking for employees, and they may well have their sights beyond America alone.

For tailored advice for those interested in the H-2B and other topics on migration, do not hesitate to reach out to a legal expert.

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Updates

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

Updated Advisory: Travel to the Philippines and the U.S.
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TRAVELING TO THE PHILIPPINES

Since April 1, the Philippines has been open to all fully vaccinated foreign tourists. They won’t be required to quarantine anymore.

Children below 12 years old do not need to be fully vaccinated.

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.

Fully vaccinated 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 Bureau of Quarantines (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.

For local government rules, make sure to check the alert level of the city or municipality you are going to, so that you avoid any challenges for entering their territories.

All local governments as of the end of June are still at most on Alert Level 2, which means the vaccinated would only need proof of vaccination before entry in local areas if ever they are stopped at a checkpoint.

Most of the time, no one is stopped anyway, but it would be prudent to have your proof of vaccination ready.

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 US.

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. 

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Updates

10 years since DACA: Is there hope for Dreamers?

10 years since DACA…Is there hope for Dreamers?
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It has been 10 years since President Barack Obama enacted DACA or the Deferred Action for Childhood Arrivals through an executive order.

The policy survived a Republican Administration and has been defended by the Supreme Court.

But in July 2021, a Texas court ruled the policy to be illegal. It is now under appeal while the government has been instructed to stop granting initial requests for DACA.

DACA was originally intended to only be a “stopgap measure”, but 10 years on, DACA is still not backed by any law that would allow its recipients – the Dreamers – for a path to citizenship, leaving hundreds of thousands of immigrants in limbo.

Without DACA, immigrant children who entered the United States who are now adults find it almost impossible to find work and education opportunities. They also face the threat of deportation.

President Biden should fully reinstate the DACA program and make it fairer and more accessible by modifying criteria based on age, residency, education, and past criminal activity.

What happened to legislation?

Different variations of a DREAM act have been introduced at the House and the Senate, but none have ever reached the President’s table.

Based on a 2020 Pew Research Center survey, 74% of U.S. adults say they favor a pathway to citizenship for young people brought to the U.S. illegally as children. The vast majority, 91%, of Democrats or those who are Democratic-leaning, support permanent residency for Dreamers, while 54% of Republicans or those who are Republican-leaning say the same.

But translating public support to legislation has been tricky.

President Biden himself pushed for the US Citizenship Act, which promised a path to citizenship for 11 million undocumented immigrants and their families. However, it remains stuck in Congress, and analysts say it only has a slim chance of passage unless Biden offers a compromise.

President Biden’s deadline could well be the 2024 midterm elections, which has so far been predicted to deliver an upset to his party, further trimming down the chances for his immigration policy.

What now for DREAMERS?

For young immigrant Filipino Dreamers, there is always hope that this DACA program would become legislation and would provide a pathway to citizenship. So in the meantime, for those who were able to apply prior to the District Court injunction, you can continue to renew your employment authorization documents and work legally. For students, continue to pursue your studies to completion as the government will always prioritize highly skilled or professional workers for immigrant resident visas. There are States that do not ask about legal status for students to attend post secondary education, so it is advisable to pursue their studies if they can and explore opportunities when the right time comes.

Unfortunately, those who are no longer allowed to apply for DACA because of its limited eligibility, let us continue to lobby and advocate for the passage of legislation that will either extend the coverage of DACA to benefit more DREAMERS or a legislation that will make DACA a legislation with opportunity to become U.S. citizens.

Each case is different, however. For tailored legal advice, always seek professional help from a legal counsel.

To push for legislation, call your respective lawmakers and urge them to support a Dream Act that will provide resident permanent status and citizenship to all undocumented young immigrants.

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Updates

“Proxy Marriages” During the Pandemic

"Proxy Marriages" During the Pandemic
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Did you know that you can get married by proxy in some States?

It means you do not need to be present to get married. A single-proxy marriage means at least one of the husband and wife needs to present at the wedding ceremony; and a double-proxy marriage means no one needs to be present. Different states have different rules regarding the proxy marriage. Single proxy marriage (one person in the relationship is not present) is legal in several states (Montana, Colorado, Kansas, Texas, and California) across the U.S. Double proxy marriage is allowed in Montana

Since the COVID-19 pandemic, there has been a huge increase in proxy marriage requests, as people now have concerns of being at wedding ceremonies with many other persons and their traveling has severely been restricted due to the pandemic.

Immigration law-wise, a proxy marriage is considered as a legal marriage if the state(s) where the couple reside recognize(s) proxy marriages and the couple must be consummated. This means that to be a valid marriage for immigration purposes or filing the petition, the parties to the marriage must have met in person after marrying by proxy. As of the date of consummation, the validity of the marriage then relates back to the date the certificate of marriage was filed. Such a requirement has not been changed during the pandemic.

The same requirement applies in K-1 (Fiancé or Fiancée) visa context. To be eligible for this type of immigration benefit, the U.S. Citizen and his/her fiancée/fiancé must meet each other, in person, at least once within the 2-year period before filing the Form I-129F petition. After getting the K-1 visa, the U.S. Citizen and fiancée/fiancé intend to marry one another within 90 days of your fiancé(e)’s admission to the United States on a K-1 nonimmigrant visa. Since these requirements are in place, a K-1 visa applicant still needs to meet his/her U.S. Citizen fiancée/fiancé in person (within 2 years prior to filing the K1 visa petition) to get K-1 visa and must enter the U.S. with K-1 visa to apply for a marriage-based green card.

Prolonged COVID-19 pandemic has greatly increased the need for unconventional marriages or proxy marriages. However, immigration law regulations regarding marriage-based immigration benefits have not been up to the need. Consummation of marriage or physical meeting must take place before a visa petition may be filed on behalf of the non-citizen spouse.