Family Visas

As a part of its overall set of immigration policies, the Trump Administration has sought the termination of temporary protected status (TPS) for immigrants from several countries. Earlier today, a federal court in California issued an order stopping that termination… for now. Immigrants from the affected countries should be aware that litigation is ongoing and orders that keep TPS in place are not final. Immigrants should consider alternative options, including obtaining status by another means. If you are currently someone under TPS, you should contact a knowledgeable Maryland immigration lawyer to discuss what steps you can take to protect yourself.

Currently, a group called the “National TPS Alliance” has undertaken two federal lawsuits in California. At the same time, the Haitian Evangelical Clergy Association has initiated one action in a New York federal court. These lawsuits against the Department of Homeland Security oppose Trump Administration initiatives to cut off TPS for immigrants from various countries that include Haiti, Venezuela, Honduras, Nicaragua, and Nepal (among others).

Earlier today, a federal district court in California ruled against the administration’s effort to cut off TPS for Nicaraguans, Hondurans, and Nepalese. The administration had slated TPS for immigrants from those countries to end on August 5 (Nepal) or September 8 (Honduras and Nicaragua). The judge’s order postpones termination until at least November 18, when the court will convene another hearing.

In most areas of the law, details matter… a lot. That is especially true when it comes to applying for a visa. Even seemingly minuscule errors on a visa form can lead to serious delays. This reality is one reason it pays to have a skilled Maryland family visa lawyer on your side before you file or, if you filed without counsel, to hire an attorney as soon as possible. A knowledgeable immigration attorney can help prevent avoidable and time-consuming errors in your application or, for clients who filed on their own, work to correct mistakes in the most efficient way possible.

In May, the U.S. Citizenship & Immigration Services announced important changes to its manual for processing family-based visa applications, including Form I-130 (Petition for Alien Relative).

In the Form I-130 petition process, the USCIS analyzes whether the petitioner has demonstrated “the requisite status to file a petition and establishes the existence of a qualifying relationship to the beneficiary.” Once the petitioner clears those hurdles, the agency sends them an approval notice. Among other things, the notice confirms the petitioner’s preference for either consular processing with the State Department’s National Visa Center (NVC) or “adjustment of status.”

Articles Posted in Family Visas

Recent Developments in Temporary Protected Status Litigation and Possible Alternatives to TPS

USCIS Announces Updates Designed to Reduce Delays in Processing Family Visa Petitions