Effective today, March 3, 2022, Ukraine was granted Temporary Protected Status (TPS) for 18 months as per the Department of Homeland Security's (DHS) Secretary Alejandro N. Mayorkas. "Russia's premeditated and unprovoked attack on Ukraine has resulted in an ongoing war, senseless violence, and the forced emigration of Ukrainians to other countries," Secretary Mayorkas stated. "We will continue to offer our support and protection to Ukrainian nationals in the United States in these extraordinary times."
Ukrainians who would like to apply for TPS must do so during a specific registration period, pay all associated fees, and prove their eligibility. Regardless of current immigration status in the United States, TPS may be granted, and all applicants must pass security and background checks. However, according to the DHS site, 'individuals eligible for TPS under this designation must have continuously resided in the United States since March 1, 2022.
Individuals who attempt to travel to the United States after March 1, 2022, will not be eligible for TPS.' After a Federal Register publication, the TPS designation for Ukraine will take effect, establishing the registration period and providing instructions for individuals to apply for TPS along with an associated Employment Authorization Document (EAD).
This article is intended to provide information on the subject matter at hand. The information contained within should not be used as a guide for legal advice. To gain more understanding of your specific circumstance, please seek legal advice from a reputable attorney.
Yesterday, as part of a broader effort to limit immigration into the country. President Trump temporarily halted the issuance of new work visas and excluded many foreign nationals from seeking work in the United States.
Trump issued a broad order that will last until the end of the year, blocking visas for a wide variety of occupations, including jobs such as computer programmers and other skilled professionals who come to the country under the H-1B visa. In addition, seasonal workers in the hospitality industry, students on work-study summer programs, and au pairs who arrive under other circumstances are also affected.
The order also restricts American companies with global operations and international companies with U.S. branches from transferring foreign executives and other employees to the U.S. for months or years at a time. It also prevents spouses of foreigners working in the United States from entering the country. Officials estimate that the worker visa ban, combined with tightened restrictions on new green card issuance, would then keep up to 525,000 migrant employees outside the country for the rest of the year.
Business leaders are vehemently opposed to the directive, which has been expected for several weeks, claiming that it will prevent them from recruiting urgently needed immigrant workers for jobs that Americans are unwilling to or seemingly incapable of performing.
According to administration officials, the president's order will not affect people who already have valid visas or seasonal farm workers, whose annual numbers have fluctuated between 50,000 and 250,000 over the last 15 years. Officials said there would be a restricted exception to the rule for certain healthcare workers whose job is to work specifically on coronavirus research.
Au pairs, who come to the U.S. to care for children, who officials initially told reporters will be exempt from the order, are now banned. Later, two senior administration officials said parents could apply for waivers to the ban on a case-by-case basis, with no guarantee of approval.
Mr. Trump described the visa suspension in the order as a way to ensure that Americans are first in line for scarce jobs, a claim that immigration advocates argue does not reflect the reality of a dynamic and changing labor market. In April, the president issued an executive order suspending the issuance of green cards to most foreigners seeking to live in the United States for 60 days. However, Mr. Stephen Miller, the White House aide and the creator of the current immigration policy, and the president caved to business pressure at the time to avoid seeking to impose restrictions on visa workers.
In addition to the temporary suspensions, federal officials said Mr. Trump had directed the government to make permanent changes to a wide range of immigration regulations to deter what they called unfair competition for American jobs from foreign nationals attempting to enter the country.
Among those changes will be new methods of ensuring that high-skill visas are awarded to the highest-paid workers in the future. This change is intended to prevent companies from hiring large numbers of mid-level foreign workers to perform accounting and programming and other technology-assisted jobs, which Americans could do.
Other changes would be made to discourage immigrants from seeking asylum as a means of obtaining a work permit in the US.
It was ambiguous when those would occur.
It is safe to say; for now, dreamers can sleep in peace. In what is a big win, the highest court of the land has upheld the DACA program. A United States immigration policy created under the Obama Administration in 2012, the Deferred Action for Childhood Arrivals (DACA) permits an immigrant with unlawful status in the United States subsequent to being brought to the nation as children to get a deferred action with a two-year renewal from deportation and become qualified for a permit to work and apply for college loans in the U.S.
To be qualified for the DACA program, DREAMers had to pass a background check. However, once in office, President Donald Trump sought to get rid of the program, citing that it was unconstitutional and illegal. In his attempt to end the program, the lower courts blocked him, but he brought it to the Supreme court, which today, on June 18th, upheld the lower courts' decision.
Written by Chief Justice John Roberts and joined by Justices Ruth Bader Ginsburg, Elena Kagan, Stephen Breyer, and Sonia Sotomayor, the 5-4 ruling stated that the administration failed to provide sufficient reason to justify the reason for wanting to end the program.
In the majority opinion, based on the decision, a massive disappointment for the Trump administration, by the way, Justice Roberts made clear, "the court does not decide whether DACA or its rescission are sound policies or not but that the wisdom of those decisions is none of their concerns." He continued, "we address only whether the agency complied with the procedural requirement that it provide a reasoned explanation for its action."
What does this mean for DACA recipients? It means for the next two years; they can complete the renewable DACA I-821D form, applying to work and go to school in the U.S.
A citizenship application can be denied for many reasons. Here are a few:
- Did you check to see if you are eligible? This can be one of the reasons for being denied. Before you apply check to see the requirements for becoming a US Citizen.
- You can also be denied for criminal records that they found on you. USCIS has a list of criminal activities listed on the N400 form that automatically disqualifies you. It is suggested that you contact an attorney before completing the form N400 form if think any past convictions may lead to you being disqualified.A paralegal's office such as this one will not be able to help you in this case.
- Failing the test can also lead you to being denied. Be sure to practice for the test before going to the interview. There are apps that you can download on your phone to help you prepare. There are also classes in your area that can help you prepare for the test as well. We offer classes at our location. Please contact us at 718-304-5064 or email us at firstname.lastname@example.org for more information.
- Not showing up for your interview cause you to be denied as well.
- Don't despair just yet. You will have the opportunity to become a US Citizen again in 5 years once you have corrected the reason for the denial of the application in the first place.
US Citizenship, Naturalization Process US, US Citizen
The US Interview process can feel something like your first driving test. You waited all this time for the day to come and you worry greatly about messing it up. You sit nervously as the instructor directs you on what to do. You cannot afford to make one wrong turn as you know that would mean having to redo the whole process again and just thinking about it is daunting.
The Naturalization test takes just as much preparation. In order to successfully pass the US Naturalization interview, you would need to study extremely hard.
To pass the civics test, you must show up on time. You will be graded and if successfully pass, you will be able to participate in the oath ceremony.
Here are the steps in the interview process...
1. Complete form N-400 and the biometrics. Once the form N400 and biometrics are
completed successfully and approved you will receive an appointment letter.
However, the waiting period for an interview may take some time.The
interview letter has the place, date and time.
2. DO NOT fall prey to being late. Being on time is very important for the naturalization
interview as well as dressing professionally. Think of this interview as a important
job interview to you. You wouldn't want to show up in shorts and T-shirt would you?
3. Bring all requested documents and ID - USCIS will ask for the following documents.
Make sure you bring them at the time of the interview:
- Appointment Letter (As you enter the building the security will ask you for your
appointment letter. This is usually the first thing they asked for, so make sure you
have it on your person. If the time they give you does not work, request a new
date and time as soon as possible).
- Green card + State ID or Driver's license (Your green card proves your permanent
residence status so make sure you have that as well. If you have your I-751 pending
and have an expired 2 year green card, this is okay. USCIS is aware that your I-751 is
pending and your permanent residency still considered valid.
- Any supporting evidence (Bring original copies of your supporting documents. This
includes: marriage certificate, birth certificate of any children born during the
course of the marriage plus the records of any criminal documents if you have any.
If you have any copies of bills or responsibilities that you share such as lease/
mortgage, utility bills, bank accounts etc. bring those as well. With both your names
on each document, this proves that you are still married and sharing a home).
4. You'll be asked questions about your background and the information you put on
your application. Don't be nervous. Usually the interviewer will start with a casual
conversation just to get you comfortable or they might just get right into the
interview. Either way, once you are prepared, there is nothing to be worried about.
The interviewer will ask questions about your past. Be prepared. The questions asked
could be job related, about your relationship or your travel history such as places
you have been outside of the US and about children you may have. Do you have any
convictions? If you do, please bring proof that the charges were dropped or records
sealed. There is no reason in lying as this already came up in your background
5. Now it's time to take the English and Civics test. Understanding basic English is
necessary to this process of if English is not your first language, it may be wise
to prepare for this section of the process. The interviewer will show you a few
sentences of which you are required to read aloud.
The civics test however, does take a great amount of practice. You are required to
study 100 questions of which you'll be asked 10 and must past at least 6 out of the 10
You will be told immediately if you passed the test but if you don't, you'll get a
letter granting you a new appointment. This should give you enough time to prepare
and come back ready.
6. The Big Decision. This is the final decision. The interviewer will let you know if you
passed the test and the interview. They may also let you know that additional
evidence is needed before a decision can be made or that you will receive a letter in
the mail about your oath ceremony from USCIS. The letter should be in the mail
within 4-6 weeks but can take longer if there are a lot of people in your area waiting
to be naturalized.
7. What happen if you fail the Civics test? Many people fail the test as well as many
passes it on the first try. If you happen to be one of the many who fails it on the first
try, don't fret, USCIS may allow you to take it again at a later date.This will happen
weeks after the first interview, which will give you enough time to prepare.
Practicing for the second test is paramount as USCIS will likely deny your application
if you fail it.
Related Post: Why was my citizenship application denied?