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ICE Warns of Scam Targeting Non-Citizens from Detention Reporting and Information Line

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U.S. Immigration and Customs Enforcement (ICE) has learned of a potential scam targeting foreign nationals by people who claim to work for ICE’s Detention Reporting and Information Line (DRIL). These people are contacting non-citizens and claiming that there are issues with their immigration cases and that money should be sent in to resolve the issues.

ICE notes that it’s DRIL officers do not make outbound calls and never request money from people. If you receive such a call, ICE urges you to contact them as soon as possible at 866.347.2423.

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Updates

USCIS Revises Form G-28, the Notice of Entry of Appearance as Attorney or Accredited Representative

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USCIS has published a revised version of Form G-28, the Notice of Entry of Appearance as Attorney or Accredited Representative. This revision is part of a final rule that took effect on January 27, 2015. The revised form, dated 03/04/2015, includes two new boxes that allow a petitioner to tell USCIS whether he or she would like to receive notices and secure documents directly or whether he or she wants USCIS to send these notices and documents directly to his/her legal representative. This form also requests more biographic data, email addresses and cell phone numbers.

Beginning April 13, 2015, USCIS will no longer accept earlier versions of Form G-28. Applications submitted on previous versions of the form will only be accepted if it meets all acceptance criteria. Notes and secure documents will be sent only to the petitioner.

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Global Pinoy

Fear of deportation arises over court-issued injunction

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A day before the US Citizenship and Immigration Services was scheduled to receive applications for Obama’s program known as Deferred Action on Childhood Arrivals (DACA) expansion, District Judge Andrew Hanen issued a temporary injunction. This ruling will temporarily put a hold on the implementation of Obama’s immigration programs.

Joseph was looking forward to filing his application for his employment authorization document. Having entered the United States when he was 10 years old, his parents never took necessary steps to legalize his stay.

On Nov. 20, 2014, when President Barack Obama announced his executive actions expanding the Daca, he became hopeful about getting a temporary work permit. Joseph completed his degree in computer science from a state university but could not get a better job because he does not possess a work permit.

When he heard about the temporary injunction on Obama’s executive actions, Joseph was disheartened and is now apprehensive again about his situation.

States’ lawsuit
In the case of Texas v. United States of America, a lawsuit was filed by 26 states against Obama’s executive actions. The plaintiffs questioned the constitutionality of the executive actions as it bypassed the US Congress on an immigration matter. This case is pending before Federal District Judge Andrew Hanen of Brownsville, Texas.

Judge Hanen was a nominee of George W. Bush, assigned to the United States District Court for the Southern District of Texas. He is a known conservative who has been a critic of Obama’s immigration policies. So when the decision to suspend the implementation of the program that will offer work permits and offer a three-year reprieve from deportation was issued on Nov. 16, 2014, immigrant advocates were not surprised.

The Obama administration has already announced that they are filing an appeal to a higher court on this decision.

In the meantime, thousands of undocumented Filipinos, potentially eligible for the Dapa (Deferred Action for Parental Accountability) and Daca programs of the executive actions in question and who are similarly situated as Joseph, are anxious about the effect of this injunction. The excitement about filing for benefits under the executive actions was suddenly cut short by this temporary injunction. It was an affirmation of the uncertainty of the executive actions, which validates the skepticism of many on Obama’s Daca and Dapa programs.

There is always the concern whether coming out of the shadows means risking one’s fate to becoming vulnerable and risk being sent back home to the Philippines after the three-year deportation reprieve is over. There are some who are placed in a situation of accepting any type of odd job just to earn and be able to send money to their families back home.

The fear of the consequences of the unknown may deter many from filing. Yet, there are also many who are hopeful as this may just be a one-time opportunity to obtain work permits. Thus, to some this may be a poisoned apple. To others, this is an apple that is already ripe and should be picked before it rots and falls to the ground.

Many experts agree that the Nov. 16, 2014 district court judge’s injunction is only a temporary hold and that full implementation of Obama’s executive actions will just be a matter of time.

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Updates

Employment Authorization Extended for Certain H-4 Dependent Spouses

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USCIS Director León Rodríguez recently announced that the Department of Homeland Security will extend eligibility for employment authorization to certain H-4 dependent spouses of H-1B nonimmigrant workers who are seeking employment-based lawful permanent residence. The Department of Homeland Security amended regulations to allow these dependent spouses to accept employment in the U.S. This will take effect May 26, 2015.

“Allowing the spouses of these visa holders to legally work in the United States makes perfect sense,” said Rodríguez. “It helps U.S. businesses keep their highly skilled workers by increasing the chances these workers will choose to stay in this country during the transition from temporary workers to permanent residents. It also provides more economic stability and better quality of life for the affected families.”

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Updates

Deadline for Current El Salvador TPS Beneficiaries to Re-Register is March 9

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USCIS notes that Monday, March 9, 2015, is the deadline for current El Salvador Temporary Protected Status (TPS) beneficiaries to re-register for an 18-month extension that will run from March 10, 2015, to September 9, 2016. USCIS is required by law to withdraw TPS from a beneficiary if he or she fails to re-register without good cause.

Eligible El Salvador TPS beneficiaries who choose to re-register during the registration period and request employment authorization should receive a new Employment Authorization Document with a Sept. 9, 2016, expiration date. Because some beneficiaries will not receive their cards by March 9, USCIS is automatically extending current TPS El Salvador EADs with a March 9, 2015, expiration date for an additional six months. Existing EADs will be valid through Sept. 9, 2015.

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Updates

Deadline for Current El Salvador TPS Beneficiaries to Re-Register is March 9

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USCIS notes that Monday, March 9, 2015, is the deadline for current El Salvador Temporary Protected Status (TPS) beneficiaries to re-register for an 18-month extension that will run from March 10, 2015, to September 9, 2016. USCIS is required by law to withdraw TPS from a beneficiary if he or she fails to re-register without good cause.

Eligible El Salvador TPS beneficiaries who choose to re-register during the registration period and request employment authorization should receive a new Employment Authorization Document with a Sept. 9, 2016, expiration date. Because some beneficiaries will not receive their cards by March 9, USCIS is automatically extending current TPS El Salvador EADs with a March 9, 2015, expiration date for an additional six months. Existing EADs will be valid through Sept. 9, 2015.

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Updates

USCIS Publishes New Version of Form I-407

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USCIS has published a new version of Form I-407, the Record of Abandonment of Lawful Permanent Status. Users can begin using the form as of March 23, 2015; it is available on the USCIS website. The current edition is dated 2/26/2015. Previous form editions will not be accepted.

Form I-407 allows nonimmigrants to formally record with USCIS their decision to voluntarily abandon their status as a lawful permanent resident (LPR) of the United States. There is no filing fee.

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Updates

USCIS Publishes Updated H-2B Visa Numbers – January 26, 2015

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On January 26, 2015, USCIS provided an update of the amount of cap-subject H-2B visas received and approved by the federal agency for first half of fiscal year 2015. According to USCIS, the cap amount for the first half of FY15 (33,000) was reached by January 26. A total of 9,761 beneficiaries have been approved for the second half of FY15, with an additional 1,345 pending.

Congressionally-based legislation limits the amount of H-2B visas provided per fiscal year to a total of 66,000, with 33,000 allocated for employment for the first half of the fiscal year and 33,000 allocated for employment for the second half of the fiscal year. Unused numbers from the first half of the fiscal year are made available for use by employers seeking H-2B workers during the second half of the year.

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Updates

Obama Press Secretary Releases Statement Regarding Injunction against Expanded DACA and DAPA

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Last week, U.S. District Judge Andrew Hanan, based in Brownsville, Texas, issued a preliminary injunction for 26 states suing the U.S. government to stop President Obama’s executive action on immigration. The states argued that the executive action is unconstitutional and would force increased state investments in law enforcement, health care and education.

In response to this decision by Judge Hanan, President Obama’s Press Secretary released the following statement:

The Supreme Court and Congress have made clear that the federal government can set priorities in enforcing our immigration laws—which is exactly what the President did when he announced commonsense policies to help fix our broken immigration system. Those policies are consistent with the laws passed by Congress and decisions of the Supreme Court, as well as five decades of precedent by presidents of both parties who have used their authority to set priorities in enforcing our immigration laws.

The Department of Justice, legal scholars, immigration experts, and the district court in Washington, D.C. have determined that the President’s actions are well within his legal authority. Top law enforcement officials, along with state and local leaders across the country, have emphasized that these policies will also benefit the economy and help keep communities safe. The district court’s decision wrongly prevents these lawful, commonsense policies from taking effect and the Department of Justice has indicated that it will appeal that decision.