What’s New?
Welcome to our events page. This is where you can find information about recent changes in the immigration laws. You can also learn about the Law Office of Ana C. Zigel’s current events and publications here.
Travel Warning for Nationals of Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen, as Designated by Executive Order
On January 27, 2017 the President signed Executive Order – “PROTECTING THE NATION FROM FOREIGN TERRORIST ENTRY INTO THE UNITED STATES” (full text available here: https://www.nytimes.com/…/refugee-muslim-executive-order-tr…)
Among other provisions, I find Section 3 of the Executive Order to be quite disturbing. It "suspends" the immigrant and non-immigrant entry of nationals from certain designated countries for 90 days from the date of the order. Designated countries include Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen. It does not appear that the Executive Order is meant to encompass individuals who have traveled to those countries (as noted in INA §217 (a)(12)); however, it is not completely clear.
In plain speak, this means that the Executive Order applies to green card holders - Legal Permanent Residents (LPRs) as well as all other individuals who are "from" designated countries, including non-immigrants and refugees. It applies to individuals who are dual nationals.
There appears to be some limited discretion for DHS to admit LPRs on a case-by-case basis, and following a thorough security review.
The order also does not define what it means to be "from" a designated country. Thus, until we have further guidance, it may be best to interpret the term broadly to include passport holders, citizens, nationals, dual nationals, etc. Additionally, after 90 days, travel is not automatically reinstated.
If you are in the United States and are “from” one of the listed countries, please consult with an immigration lawyer before traveling outside the USA. The full impact, interpretation, and implementation of the Executive Order at the border and ports of entry is still unknown.
The above is not legal advice; neither is it intended as legal advice. For legal advice please contact an immigration attorney directly.
EXECUTIVE ORDER - VENEZUELA. President Obama has issued an Executive Order today resulting in sanctions against three Venezuelan officials accused of human rights violations. Please see the below link. As the situation deteriorates, we expect to see an increase in Political Asylum requests from Venezuela.
http://www.whitehouse.gov/the-press-office/2015/03/09/fact-sheet-venezuela-executive-order
OPPORTUNITY HAS COME FOR H-4 SPOUSES OF H-1 EMPLOYEES! H-4 Souses will soon be able to apply for employment authorization. Please contact us for assistance: call 410/602.2155 or email info@zigel.net. See link below.
BREAKING NEWS 17 FEBRUARY 2015!: A Texas judge has issued an Order of Temporary Injunction to halt both the President's Expanded DACA and DAPA programs. Immigration experts expect that this will be a temporary delay and suggest those potentially eligible applicants to continue to gather their documents so as to be ready to file once this injunction is lifted. USCIS (the immigration office) has advised that they will NOT be accepting applications beginning tomorrow, 18 FEB 2015 for the Expanded DACA program. Do not give up hope!
You can read the USCIS Notice and the Order at the links below:
http://www.scribd.com/doc/255992850/Order-of-Temporary-Injunction-Texas-v-United-States
MORE CAUSE TO CELEBRATE!!! The new Expanded DACA per the Presidents Executive Action of 20 NOV 2014 is set to begin on 18 FEB 2015!!! Help is on the way for many DREAMers. Please call us at 410/602.2155 to schedule your appointment for assistance.
http://www.uscis.gov/humanitarian/consideration-deferred-action-childhood-arrivals-daca
MORE CAUSE TO CELEBRATE!!! IN ADDITION TO PRESIDENT OBAMA MAKING CHANGES ADDRESSED IN HIS EXECUTIVE ACTION ANNOUNCED ON 20 NOV 2014, THE DEPARTMENT OF HOMELAND SECURITY HAS MADE POLICY CHANGES BY WAY OF MEMORANDUM ISSUED WITHIN THE VARIOUS AGENCIES. ONE SUCH MAJOR CHANGE THAT HAS OCCURRED IS THE DEATH BLOW TO THE PROGRAM KNOWN AS SECURE COMMUNITIES. YOU MAY READ ABOUT THIS POLICY CHANGE HERE:
http://www.dhs.gov/sites/default/files/publications/14_1120_memo_
MORE BREAKING NEWS!! PRESIDENT OBAMA ANNOUNCED HIS EXECUTIVE ACTION!!!20 NOV 2014
The information is available on the USCIS website at : http://www.uscis.gov/immigrationaction
Applications cannot yet be filed. But you can start gathering information that will be necessary to complete a successful application. Call our office for more information: 410/602.2155.
In a nutshell, USCIS advises as follows:
Executive Actions on Immigration
On November 20, 2014, the President announced a series of executive actions to crack down on illegal immigration at the border, prioritize deporting felons not families, and require certain undocumented immigrants to pass a criminal background check and pay taxes in order to temporarily stay in the U.S. without fear of deportation.
These initiatives include:
- Expanding the population eligible for the Deferred Action for Childhood Arrivals (DACA) program to young people who came to this country before turning 16 years old and have been present since January 1, 2010, and extending the period of DACA and work authorization from two years to three years | Details
- Allowing parents of U.S. citizens and lawful permanent residents who have been in the country since January 1, 2010, to request deferred action and employment authorization for three years, in a new Deferred Action for Parental Accountability program, provided they pass required background checks | Details
- Expanding the use of provisional waivers of unlawful presence to include the spouses and sons and daughters of lawful permanent residents and the sons and daughters of U.S. citizens | Details
- Modernizing, improving and clarifying immigrant and nonimmigrant programs to grow our economy and create jobs | Details
- Promoting citizenship education and public awareness for lawful permanent residents and providing an option for naturalization applicants to use credit cards to pay the application fee | Details
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Important notice: These initiatives have not yet been implemented, and USCIS is not accepting any requests or applications at this time. Beware of anyone who offers to help you submit an application or a request for any of these actions before they are available. You could become a victim of an immigration scam. Subscribe to this page to get updates when new information is posted. |
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WHAT A BIG DAY FOR IMMIGRATION!!! MORE BREAKING NEWS!! 20 NOV 2014
DHS Announces Temporary Protected Status Designations for Liberia, Guinea, and Sierra Leone
WASHINGTON— Due to the outbreak of Ebola virus disease in West Africa, Secretary of Homeland Security Jeh Johnson has announced his decision to designate Liberia, Guinea, and Sierra Leone for Temporary Protected Status (TPS) for 18 months. As a result, eligible nationals of Liberia, Guinea, and Sierra Leone who are currently residing in the United States may apply for TPS with U.S. Citizenship and Immigration Services (USCIS). The Federal Register notices provide details and procedures for applying for TPS and are available at www.uscis.gov/tps.
The TPS designations for the three countries are effective Nov. 21, 2014 and will be in effect for 18 months. The designations mean that eligible nationals of Liberia, Guinea, and Sierra Leone (and people without nationality who last habitually resided in one of those three countries) will not be removed from the United States and are authorized to work and obtain an Employment Authorization Document (EAD). The 180-day TPS registration period begins Nov. 21, 2014 and runs through May 20, 2015.
To be eligible for TPS, applicants must demonstrate that they satisfy all eligibility criteria, including that they have been “continuously residing” in the United States since Nov. 20, 2014 and “continuously physically present in” the United States since Nov. 21, 2014. Applicants also undergo thorough security checks. Individuals with certain criminal records or who pose a threat to national security are not eligible for TPS. The eligibility requirements are fully described in the Federal Register notices and on the TPS Web page at www.uscis.gov/tps
Liberians currently covered under the two-year extension of Deferred Enforced Departure (DED) based on President Obama’s Sept. 26, 2014 memorandum may apply for TPS. If they do not apply for TPS within the initial 180-day registration period, they risk being ineligible for TPS because they will have missed the initial registration period. Liberians covered by DED who already possess or have applied for an EAD do not need to also apply for one related to this TPS designation. However, such individuals who are granted TPS may request a TPS-related EAD at a later date as long as the TPS designation for Liberia remains in effect.
Applicants may request that USCIS waive any or all fees based on demonstrated inability to pay by filing Form I-912, Request for Fee Waiver, or by submitting a written request. Fee-waiver requests must be accompanied by supporting documentation. USCIS will reject any TPS application that does not include the required filing fee or a properly documented fee-waiver request.
All USCIS forms are free. Applicants can download these forms from the USCIS website at www.uscis.gov/forms or request them by calling USCIS toll-free at 1-800-870-3676.
Applicants seeking information about the status of their individual cases can check My Case Status Online or call the USCIS National Customer Service Center at 1-800-375-5283 (TTY 1-800-767-1833).
For more information about USCIS and its programs, please visit www.uscis.gov or follow us on Twitter (@uscis), YouTube (/uscis), Facebook(/uscis), and the USCIS blog The Beacon.
MORE BREAKING NEWS: PRESIDENT OBAMA TO ANNOUNCE EXECUTIVE ACTION TOMORROW, THURSDAY 20 NOVEMBER 2014!!!!!
You can read about it here, in The Washington Post, 19 NOV 2014:
BREAKING NEWS!! RELEIF WILL BE OFFERRED TO 4000 CHILDREN WHO ARE CURRENTLY LIVING IN GUATEMALA, HONDURAS OR EL SALVADOR AND WHOSE PARENTS ARE LAWFULLY RESIDING IN THE USA ACCORDING TO AP ARTICLE (SEE: http://abcnews.go.com/Politics/wireStory/us-grant-refugee-status-children-26912922).
US to Grant Refugee Status to Some Children
The U.S. government will launch a program in December to grant refugee status to some people under the age of 21 who live in Guatemala, Honduras and El Salvador and whose parents legally reside in the United States.
U.S. officials say parents can ask authorities free of charge for refugee status for their children in the Central American countries, which are plagued by poverty and vicious gang violence. The program does not apply to minors who have arrived in the U.S. illegally.
Implementation of the Supreme Court Ruling on the Defense of Marriage Act (1 July 2013) together with FAQs (as it appears on the immigration website)
Statement from Secretary of Homeland Security Janet Napolitano:
“After last week’s decision by the Supreme Court holding that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional, President Obama directed federal departments to ensure the decision and its implication for federal benefits for same-sex legally married couples are implemented swiftly and smoothly. To that end, effective immediately, I have directed U.S. Citizenship and Immigration Services (USCIS) to review immigration visa petitions filed on behalf of a same-sex spouse in the same manner as those filed on behalf of an opposite-sex spouse.”
Frequently Asked Questions
Q1: I am a U.S. citizen or lawful permanent resident in a same-sex marriage to a foreign national. Can I now sponsor my spouse for a family-based immigrant visa?
A1: Yes, you can file the petition. You may file a Form I-130 (and any applicable accompanying application). Your eligibility to petition for your spouse, and your spouse’s admissibility as an immigrant at the immigration visa application or adjustment of status stage, will be determined according to applicable immigration law and will not be automatically denied as a result of the same-sex nature of your marriage.
Q2: My spouse and I were married in a U.S. state that recognizes same-sex marriage, but we live in a state that does not. Can I file an immigrant visa petition for my spouse?
A2: Yes, you can file the petition. In evaluating the petition, as a general matter, USCIS looks to the law of the place where the marriage took place when determining whether it is valid for immigration law purposes. That general rule is subject to some limited exceptions under which federal immigration agencies historically have considered the law of the state of residence in addition to the law of the state of celebration of the marriage. Whether those exceptions apply may depend on individual, fact-specific circumstances. If necessary, we may provide further guidance on this question going forward.
BREAKING GREAT NEWS!! DEFERRED ACTION FOR ELIGIBLE DREAMers (June 15, 2012) LEADING TO EMPLOYMENT AUTHORIZATION!
President Obama today (June 15, 2012) announced that relief, in the form of deferred action, is now available to certain undocumented foreign nationals between the ages of 15-30.
Preliminary information indicates that eligible applicants must:
- Be 15 - 30 years old and have entered the USA before age 16;
- Been present in the USA for 5 years as of today, June 15, 2012;
- Must not be convicted of a serious crime or multiple minor crimes;
- Be in high school, graduated from high school, have a GED or have enlisted in the military.
You may be eligible even if you are already in front of the Immigration Court.
If it is determined that you are eligible, you can apply for employment authorization and then a social security number and then a drivers license!
Call Ana at 410/602.2155 or email Ana at ana@zigel.net to schedule your consultation to determine potential eligibility.
Immigration Law in a Nutshell (September 23, 2009)
Ana co-taught "Immigration Law in a Nutshell" at the September 23, 2009 Maryland Judicial Institute in Annapolis, Maryland. Ana taught Maryland State Judges the basics of Immigration Law. The topics covered in this 3 hour class included both criminal and civil law matters as they relate to immigration consequences.
We've moved!!! Our new address is Executive Center at Hooks Lane, 2 Reservoir Circle, Suite 205, Pikesville, Baltimore, Maryland , 21208. Our telephone, fax and email remain the same. (September 1, 2009).
Crimes Involving Moral Turpitude (CIMTs) Representing Foreign Nationals in Criminal Proceedings After Matter of Silva-Trevino, Maryland Institute for Continuing Professional Education of Lawyers (January 21, 2009)
Immigration law is constantly changing, and Ana works hard to stay current on new developments in this exciting field. Ana and Katie prepared a follow up article after the Attorney General changed the law on crimes involving moral turpitude. Copies of the paper are available through the Maryland Institute for Continuing Professional Education of Lawyers.
TPS Re-Registration by Dec. 30, 2008 for Hondurans, Nicaraguans, and Salvadorans (Re-Registration Extended on 11/21/2008)
USCIS has announced that it will extend the designation of TPS for Honduras (until July 5, 2010), Nicaragua (until July 5, 2010) and El Salvador (until September 9, 2010). In order to benefit from these extensions, Hondurans, Nicaraguans, and Salvadorans must re-register by December 30, 2008. The USCIS has automatically extended the validity of Employment Authorization Documents (EADs) for Honduran and Nicaraguan TPS beneficiaries through July 5, 2009.
Foreign nationals who are citizens of Honduras, Nicaragua or El Salvador may be eligible for TPS as late-initial registrants. If you need assistance in preparing your TPS re-registration or if you have not had TPS and are interested in late-initial registration, please contact the Law Office of Ana C. Zigel for a consultation.
Bright Lights of AILA (November 21, 2008)
Family immigration law is one of Ana’s most rewarding practice areas. Every year, Ana helps numerous loving couples and families establish their lives in the United States. Ana taught new immigration attorneys the basics of family immigration law so that they may also enjoy this exciting and rewarding practice area.
Katie Passed the Bar! (November 3-7, 2008)
Ana’s Law Clerk, Katie Simpson, has passed the bar exam for the states of Maryland and New Jersey and intends to waive into D.C. Katie is scheduled to be sworn-in to the practice of law in Maryland and New Jersey in mid-December. Congratulations, Katie!
Immigration Consequences of Criminal Activity, Maryland Institute for Continuing Professional Education of Lawyers (October 24, 2008)
Ana presented a guide to immigration practitioners entitled "Immigration Consequences of Criminal Convictions: Crimes Involving Moral Turpitude." Criminal convictions can impact a foreign national’s eligibility for immigration benefits, including "green cards" and may impact the person’s ability to re-enter the United States after a brief visit abroad. This presentation taught Maryland criminal defense attorneys about the range of consequences of criminal convictions and PBJ orders.
We're Growing! (September 22, 2008)
Katie Simpson has joined the Law Office of Ana C. Zigel as a law clerk while she awaits her bar examination results. Katie’s prior immigration experience includes two semesters as a Student Attorney at the University of Baltimore, School of Law Immigrant Rights Clinic, two semesters as a Legal Intern with an employment and immigration practice group in Washington, D.C., and one summer as a Volunteer Judicial Intern at the Executive Office for Immigration Review (EOIR) in Baltimore, Maryland. Katie has also worked as the Legal Fair Project Coordinator for the Maryland Immigrant Rights Coalition and as a volunteer at the Esperanza Center Immigration Legal Services office.
What Every Maryland Lawyer Needs to Know About U.S. Immigration Law (June 14, 2008)
Ana co-presented "What Every Maryland Lawyer Needs to Know About U.S. Immigration Law" at the June 14, 2008 Maryland State Bar Association Annual meeting. Ana taught Maryland attorneys how to represent foreign nationals in their Maryland legal matters.