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ICE to stop detaining immigrants at two county jails under federal investigation

May 25, 2021

The Biden administration has decided to stop detaining immigrants in a pair of county jails facing federal probes in Georgia and Massachusetts, calling the decision an “important first step” in a broader review of the nation’s sprawling network of immigration jails. DHS Secretary Alejandro Mayorkas on Thursday ordered U.S. Immigration and Customs Enforcement to immediately terminate its contract with the Bristol County Sheriff’s Office in Massachusetts and to transfer the few remaining detainees elsewhere. He also directed ICE to rescind an agreement with the sheriff’s office that trained deputies to screen inmates arrested for crimes to see if they are also eligible for deportation. Mayorkas also directed ICE to “as soon as possible” sever its contracts with the Irwin County Detention Center in rural Georgia, a more complicated endeavor because the facility is county-owned but run by a private contractor. Federal officials chose the two facilities mainly because their detention rosters have shrunk and they are “no longer operationally necessary,” said a Department of Homeland Security official who spoke on the condition of anonymity to discuss the administration’s deliberations. Bristol is holding seven detainees out of nearly 200 beds; Irwin has 114 detainees out of almost 1,000 beds. [Immigration arrests fell in April to lowest monthly level on record] Both county jails are also under federal investigation for complaints of abuses against immigrants — allegations that remain open and unresolved — and those factored into Mayorkas’s decision, the official said. In a memo to ICE directing the changes, Mayorkas said his “foundational principle” is that “we will not tolerate the mistreatment of individuals in civil immigration detention or substandard conditions of detention.” Read More

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President Biden’s Top 5 Actions on Immigration

President Biden’s Top 5 Actions on Immigration

February 8, 2021

President Biden’s Top 5 Actions on Immigration President Biden has sent an immigration bill to Congress, but there is no telling when the bill will move forward. With that being said, President Biden has already issued numerous executive orders (EO’s) and directives regarding immigration that are beginning to take effect. These following 5 actions are set to create swift changes in the immigration system. 1. 100- Day Moratorium on Deportations: President Biden has directed certain immigration agencies, such as the Customs and Border Protection (CBP). Immigration and Customs Enforcement (ICE), and the United States Citizenship and Immigration Services (USCIS) to stop the deportations of certain noncitizens while these agencies review current enforcement policies. NOTE: Just as many of President Trump’s executive actions were fought in court, this directive is already seeing legal challenges. A U.S. District Judge from Texas has issued an injunction, stopping this moratorium. This injunction was issued on January 26th and lasts two weeks. 2. Revoking of Travel Ban On his first day in office, President Biden revoked an EO issued by President Trump that restricted travel from numerous countries including Belarus, Burma, Eritrea, Iran, Kyrgyzstan, Libya, Nigeria, North Korea, Somalia, Sudan, Syria, Tanzania, Venezuela, and Yemen. 3. Suspending New Enrollments in the MPP President Biden has directed the Department of Homeland Security to stop enrolling asylum-seekers in the Migrant Protection Protocols Program (MPP). This program requires asylum-seekers arriving from Latin American countries to remain in Mexico while they seek asylum in the United States. There is still no official word from the White House on what will happen to those already enrolled and still waiting. 4. Halting of Border Wall Construction President Biden has issued a proclamation ending the National Emergency declared by a previous Proclamation issued by President Trump. With this proclamation, construction of the border wall has come to a halt. A plan is under development to redirect funds given for the wall. 5. Halting of Excluding Noncitizens from U.S Census President Biden has signed an EO that directs those in charge of completing the 2020 Census to include all residents regardless of citizenship or immigration status. This revokes two EO’s signed by President Trump that aimed to 1) Collect citizenship information through census questioning and 2) Exclude undocumented immigrants from representation.

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Proposed Biden Policies

January 17, 2021

Joe Biden has promised to lift the travel ban implemented by the Trump Administration on various majority Muslim countries on his first day of office. He has also promised to condemn violations of human rights against Uyghur Muslims in China and Rohingya Muslims in Burma. Biden will look to implement a 100-day freeze on deportations while his administration issues guidance narrowing who can be arrested by immigration agents. This guidance will focus on preventing “collateral arrests”. Biden has pledged to end the Migrant Protection Protocols policy implemented by the Trump administration. However, it remains unclear how the administration will handle the cases of thousands of asylum-seekers already waiting in Northern Mexico. Sources close to Biden’s team have said the administration plans to withdraw from all three agreements the Trump administration has made with Guatemala, El Salvador, and Honduras. These agreements allow rejected asylum-seekers to be sent to these countries.

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What are some options to adjust your immigration status in Atlanta?

April 21, 2020

An adjustment of status in the United States is one of the ways in which an immigrant can obtain a green card. Through this process, an eligible person can obtain a number of benefits, such as permission to stay in the country, even if your nonimmigrant visa expires. Therefore, through an adjustment of status we a person can get a step closer to applying for legal permanent residence in the United States. This immigration process can be an option for foreigners who reside within the country and comply with a series of documents and requirements that we will explain in this new Blog. Three important requirements for adjusting your status Many people do not know if they are eligible for an adjustment of their status. This is understandable given the numerous changes that the administration of the United States government continually makes. Not all immigrants in the country are eligible to make an adjustment to their status. To begin with, an applicant for adjustment of status must meet the requirements for permanent residency. If a person does not meet these requirements they may be denied and subsequently deported. For this reason, it is very important to seek help from an immigration lawyer who knows how to handle adjustment of status and permanent residence cases. Here are the requirements you must meet to make an adjustment of status in the United States: Physical presence in the United States. If the situation is that you do not reside in the country at the time of the adjustment of status, you cannot carry out any procedure related to this goal. First of all, it is necessary to apply for an immigrant visa at the consulate or embassy of your country of origin. Legal admission in the United States. As we previously mentioned, in order for you to make the adjustment of status, you must have a physical presence in the United States. However, when entering the country you must pass through an entry post, where an officer allows you to enter and will legally admit you into the country. Do not become a public charge. In the past month, the Trump administration approved the new Public Charge standard, which specifies and adds the specific elements for which a person is considered a public charge in the United States and cannot apply for adjustment of status. According to the USCIS, a person is considered a public charge if he or she is likely to depend on the government to survive in the country. Therefore, foreigners who wish to adjust their status must present the necessary evidence to prove that they can support themselves and are not likely to need help supporting themselves. For instance having a job, a place to live, owning a home can help.  Adjustment of status through your family or work As you may know, adjustment of status is a process that allows an immigrant to apply for lawful permanent residence status without having to leave the United States. One of the simplest ways that the Zambrano & Ruiz immigration law firm advises clients to pursue is to make the adjustment […]

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What should I do to be a beneficiary of an O Visa?

January 14, 2020

Is there a difference between a Green Card and an O Visa? Are there different types of O Visas? How do I apply for an O Visa? All of these questions and more will be answered in this blog. If you have additional questions, we’re experienced immigration lawyers that will be happy to talk to you. What is an O Visa? First, an O Visa is a nonimmigrant visa granted by the USCIS for a person who possesses extraordinary skills in the areas of science, arts, education, business, and sports. That is, they have managed to be recognized in their professions nationally or worldwide for achievements in their fields. This sounds like a broad category for visas, but the beneficiary of the visa, or the person who is hoping to come work in the U.S, must meet at least three of the eight O Visa requirements to be considered. There are three different types of O Visas depending on the field of expertise, work assistance, and family members.  O-1 Visa (a): visa granted to all those people with an extraordinary ability in science, education, business or sports. O-1 Visa (b): visa granted to all those people with an extraordinary ability in the field of the arts, as well as in movies and on television. O-2 Visa: this visa is granted to those people who will accompany the person holding the O-1 Visa. These people are an integral or essential part of the work and must have a high critical capacity and experience to help the worker perform in the United States. O-3 Visa: visa granted to people who are spouses or children of the person who is requesting an O-1 Visa or an O-2 Visa. What is “extraordinary ability”? Success is measured differently all around the world. So what does it mean to have an extraordinary ability that qualifies someone for an O-1 Visa (a or b) instead of a Green Card or another type of visa? The USCIS has a list of requirements that the person must meet in order to be considered for an O Visa. These requirements serve as proof that they have achieved success in their professional career and, therefore, have enough documents to support and enforce the claim.     Unless the person possesses a major internationally recognized award such as a Nobel Prize, they must meet three of the following eight requirements: Recipient of one or several national or international awards in their field for excellent work. Membership in a nationally or internationally recognized organization focused on excellence and outstanding achievements in their field of expertise. Published material in a professional or major trade publications or other types of major media. These do not necessarily have to be written by the person, but they must highlight the significance of them and their work. Contributed original scientific, scholarly/academic, and/or business related work that is of major significance in their field of expertise Author of scholarly articles in their field published either in professional journals or other major media that require classification to be published in. Be paid a high salary or other form of compensation […]

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An Overview of Deportation Basics

November 8, 2019

The United States reserves the right to deport foreigners who participate in criminal acts, threaten public safety or violate the detailed specifications on their visas. Crossing the border without documentation or with forged documentation counts as a criminal act and can make you eligible for deportation from the country. Even when you enter the United States with the appropriate visa, if you violate the terms of that visa, you may also be eligible for deportation. There are many ways to be expelled from the United States: accelerated deportation, reinstatement of deportation, administrative deportation, regular deportation … You can know what type of proceedings you’re in based on the document the Department of Homeland Security (DHS) has given you to explain your removal. However, you can and should contact an immigration lawyer to find out your legal status. Expedited removal Accelerated deportation occurs when you are arrested at or near the border. The accelerated or expedited detention and deportation law was passed by Congress over 20 years ago and the measure was applied to the first 100 miles from the border. However, in July 2019, the law was adapted to the whole country for undocumented immigrants who had been in the country for less than 2 years. If you fear you may fall into this category, don’t panic. Contact an immigration lawyer and follow these recommendations: Gather evidence to prove your physical presence within the U.S. This evidence will help you avoid an expedited deportation process. Keep original documents. If you are arrested, you won’t be able to access the documents that prove your presence in the U.S, so someone your trust must be able to access the documents.   Reinstatement of removal The restoration of deportation is a process linked to expedited or accelerated deportation. It occurs when you are arrested for entering the United States without documentation after being previously deported. In this case, deportation will be reordered without a hearing before an immigration judge, even if your circumstances have changed. Administrative removal Administrative removal occurs if DHS (Department of Homeland Security) says that you have been convicted of a violent crime and, therefore, are not a permanent legal resident of the United States. How to know the status of my deportation? If the document you have is a “Notice of Appearance,” then your regular deportation process has begun. If your document is an “Order to prove cause”, then you are in deportation proceedings. Finally, a document labeled as I-110 or I-122 means that you are being deported. The Zambrano & Ruiz Law Firm can help with any of these deportation procedures. They passionately advocate for immigrants in order for families to stay together. The Voluntary Departure The voluntary departure is an option, often chosen after a hearing with an immigration judge. You can choose to leave the United States before completing the expulsion process. If you do so voluntarily, you can request re-entry without any problem. Failure to do so means you could face a fine and a 10-year ban on various forms of relief from deportation. If during immigration, detention, or removal proceedings you are discriminated against, […]

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How to renew your Green Card?

November 15, 2016

The expiration or expiration of a Green Card does not mean that you are no longer a permanent legal resident of the United States. Unless you commit a crime that causes you to enter the list of deportable persons or stay abroad for longer, you will remain a permanent resident for life. To show the relevant authorities that you can live and work legally in the United States, in order to travel and return without problems, you just have to keep in mind the renewal times. When you have a 10-year Green Card it is very important to renew it immediately and if it expired or will expire in the next 6 months, it is important to consider these steps: Complete a renewal application online or by mail. Gather your supporting documents. Pay government fees, if necessary. Send your request and wait for your new green card. It is very important to consider the times since USCIS can deny your request and withhold your payment if you submit your request too soon. How do I check the status of my application? The status of your renewal application can be reviewed online only with your receipt number. In the event that your application for the renewal of the Green Card is denied and meets all the requirements, you will need the help of an immigration lawyer to review your application and file a motion. In these cases, the collaboration of a lawyer is important because you will not be allowed to appeal a negative decision of this Agency. Not as long as the law is met, there are situations in which the US government. UU. You could deny a Green Card renewal application.   The clearest example is having committed a crime or not paying the corresponding taxes. Although it also happens that your request is denied for lying or submitting an incorrect form. However, you will always receive a letter explaining the reason you were denied. Once you need the services of an immigration lawyer in Atlanta to file a motion, you can ask the USCIS office to consider reviewing your case again to examine your decision. To reopen your case you must present the evidence and documents by which you are eligible to renew your Green card. “When you appeal a decision to the AAO, the USCIS office that made the original decision will first review the appeal to determine whether you should take favorable measures and grant the requested immigration benefit. During this “initial field review,” the review office will treat the timely appeal as a motion to reopen or a motion to reconsider and approve the request or request; or forward the appeal and the record of procedures related to the AAO to issue a new decision. ” USCIS – Appeals and Motions The review of the green card motion may take approximately 45 days. But, in case USCIS grants your request to the AAO (Office of Administrative Appeals) for further review, it may be ready within the first 6 months of your appeal. The Zambrano & Ruiz attorneys are aware of immigration laws and can know […]

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Five things to know about the new Public Charge Rule

July 28, 2016

Foreigners who request a visa to enter the United States must now more than ever demonstrate that they have full capacity to finance their trip and their stay in the country. Even Though this requirement is not new to the immigration system, the new Public Charge reform will put a stronger emphasis on immigrants’ financial capability to minimize the chances of allowing immigrants who might need financial support enter the country. As of February 24, 2020, the Trump administration will put into effect a new regulation for the new Public Charge rule in which they intend to investigate and requiere foreigners who enter or ask for a Green Card to provide very specific details and records about their health, education, income, and family history. Back in August 2019, the Citizenship and Immigration Services explained, “Self-reliance has long been a basic principle of United States immigration law. Since the nineteenth century, Congress has established a statute in which people who arrive to the country are inadmissible if they cannot sustain themselves without becoming a public charge. ” The new Public Charge regulation includes 20 new chapters that would make it easier for immigration agents to refuse green card petitions or even refuse foreigners to enter the country through any point of entry based on their financial capability. Due to these changes, it is very important to ask an experienced immigration attorney to represent you and help you complete and submit corresponding documents to prove that you will not become a ‘public charge’. In this new blog Zambrano & Ruiz Immigration Attorneys talk about 5 important things you should know about the public charge rule. 1. What is public charge? The Citizenship and Immigration Services states that “For purposes of determining inadmissibility, “public charge” means an individual who is likely to become primarily dependent on the government for subsistence, as demonstrated by either the receipt of public cash assistance for income maintenance or institutionalization for long-term care at government expense”. 2. Age A key factor in determining whether an immigrant might become public charge to the United States is the age at the time of application. Immigrants that are between 18 and 61 years are considered at low risk of becoming a public charge. However, age is only a small factor to overcome, and applicants that fall under or over this age-frame might still be able to apply for immigration benefits.   3. Health Immigration officials who review new applications will consider applicants’ health as one of factors to deny or approve immigration benefits. Those applicants with conditions that require constant medical attention will be considered at a higher risk of becoming a public charge to the state. For this reason, the new Public Charge Rule would prevent immigrants from obtaining benefits to get medical attention in the United States. 4. Family When reviewing applications, immigration agents will also take into consideration family history to determine if applicants are at risk of becoming a public charge to the country. This consideration is given if the foreigner has a home to support, will be supported by others, or if there is any chance that […]

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