Though more vulnerable than ever before, Temporary Protected Status beneficiaries need not give up the fight.
On September 14, 2020, the Ninth Circuit of Appeals struck a near-fatal body blow to the dreams of nearly 300,000 TPS beneficiaries, leaving them groping for air as the program neared its death bed.
If you’re a TPS recipient, of course, uncertainty remains about the future of TPS, whatever your nation of origin. However, despite a sour TPS ending, winning permanent residence may still be in the cards for you.
If at first you don’t succeed, I was taught by my mother, try and try again.
This attitude is one of the most important mindsets for many U.S. spouses trying to help immigrate their spouses born in another country.
Especially those who need to win a hardship waiver to remain together as a family.
I’ve seen far too many couples set out thinking the green card process is simple, only to find themselves facing separation from each other for 3 years, 10 years, and longer.
This theme is more than the title of a popular song in the early 1970s. It is a slogan worth adoption by all immigration reform supporters, by all immigrant communities.
For many years, as a family unity attorney, I have denounced the American public for failing to acknowledge the benefits of cultural diversity which immigrants bring to this country.
My criticism does not exclude any ethnic group.
Whereas members of various cultural groups may appreciate the value of immigration reform for their cultural brethren, they largely ignore the same needs for immigrants of different hues, traditions, and origins.
According to Kim Anderson, former President of American Families United, “U.S. citizens are the most neglected constituency in the immigration debate.”
Hyperbole aside, Anderson raises a critically significant issue that is grossly undervalued by many pro-immigrant advocates.
Simply stated, U.S. citizen spouses are far too minimized in immigration reform discourse.
Want to know the big secret to winning I-601 waiver cases?
I learned it early in my career at a seminar for new attorneys. A judge, running the course, gave me a piece of advice that guides me to this day. It’s proven crucial in countless trials and appeals with immigration courts and agencies.
The advice, though simple, was profound.
Good lawyers, said the judge, prepare in advance. They know their evidence before their hearings start. They maximize their clients’ chances of success.
Can a middle ground be found for immigration reform?
On the surface, the art of diplomacy seems permanently lost in Congress. Compromise appears impossible.
Far too many immigration opponents have adopted a rigid law and order stance against undocumented immigrants. They refuse to negotiate on any issues remotely related to comprehensive immigration reform. In their view, the southwest borders must be locked down in order to stop the hijacking of America.
Immigrant advocates, on the other hand, assert that piecemeal solutions are measures too distasteful for rational consideration. Immigrants arriving at the border, regardless of the strength or weakness of their asylum claims, must be granted full access to immigration courts and constitutional protections.
To prosecute, or not to prosecute – that is the question.
Soon after the Department of Homeland Security announced a new memorandum on prosecutorial discretion, the telephone calls started.
“Is it true,” the caller wanted to know, “the government is no longer going to try to deport immigrants without documents and I’ll be able to get a work permit?”
He heard this information from an immigration “expert” talking on the radio. He wanted to confirm the details.
As happens so, so often with immigration, potential applicants for benefits do not grasp the full details of “new” programs and policies.
This leaves them vulnerable not only to unsympathetic government officers they may encounter, but also to deceptive immigrant advocates hoping to take advantage of their naiveté.
