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3250 Wilshire Blvd., Suite 1918
Los Angeles, CA 90010
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Do You Have an Immigration Problem, A Citizenship Question? Together, We'll Find A Solution
9/20/2022 Issue
_____The Trump Administration had two programs designed to stop ILLEGAL immigration at the U.S.-Mexico border:
_____“Stay in Mexico” (or Immigrant Protection Protocols), which requires Asylum seekers entering from Mexico to stay in Mexico to wait for their Immigration Court hearings (at the border) and the court’s decision, and
_____“Section 42” of the Public Health Act which gave the government the authority to turn back without a hearing anybody apprehended at the border, on account of public health considerations.
______When these two programs were cancelled by the Biden Administration, the stream of illegal immigrants from the U.S.-Mexico border renewed itself with great vigor. The number of illegal entries now runs at a rate of about 200,000 per month or 2 million per year.
______All of them, or most of them, are released by U.S. Immigration to wait in the U.S. for their Asylum hearings in Immigration Courts. Where are they released? - In American cities and towns, mostly in Texas and Arizona. The local authorities and State governors are losing control of such numbers of people, adults and children, without homes, without work, without medical or educational services, without daily food.

           The Governors of Texas and Arizona, and recently, also Florida, all of them Republicans, found a trick to get the attention of the Democratic Federal government to their problem: they started rounding up such “released” undocumented aliens, putting them on charted buses and shipping them to Washington, DC, New York City and recently, even by plane to the small island Martha’s Vineyard, all Democratic cities.
           The trick succeeded: now all the media talks about is the plight of the poor immigrants who are being hustled from one city to another, and also, about the problems faced by the border cities in Texas and Arizona.
           Everybody is waiting to see what the Federal government is going to do.


           What I am waiting to find is an answer to an old question: WHAT DID THEY THINK WOULD HAPPEN? When the Biden Administration removed the Trump barriers from illegal entry to the U.S. at the border with Mexico – what did they think would happen? How did they prepare for what would happen?
           Or, perhaps, they did not think at all?


           In the past two years, most parts of the Immigration system in the U.S., and also consular offices abroad, barely move. Almost no work is being produced. Applications, petitions and various requests are PENDING and PENDING.
           It is easy to guess who suffers from this backlog: the petitioners, the applicants, the beneficiaries, the employers, family members – and, believe it or not, even the lawyers handling the cases.
Recently, a new group can be added to the list of sufferers: MEMBERS OF CONGRESS.
           More and more sufferers, American citizens and non-citizens, in the thousands, are turning to “their” Congresspersons with requests for interventions with the USCIS and to request a solution to their stuck cases. Many members of Congress began to complain that the bulk of their public contacts are about matters of immigration.
           Maybe this group of “sufferers” would be able to push U.S. immigration to move the backlog.


           Non-citizens who have Employment Authorization cards (EAD), and wish to extend them, have to file an application on Form I-765. Upon filing, the applicant receives a Filing Fee Receipt (Form I-797).
The Receipt serves also as an automatic extension which used to be 180 days.
           Recently, USCIS realized they are not processing the renewal applications within the 180 days. Therefore, they started to give the automatic extension for 540 days, which is approximately 1 1/2 years.
           Let’s hope that in 1 1/2 years they succeed in processing an application for renewal of an employment card.


           When applying for Adjustment of Status (Form I-485), non-citizens apply also for Employment Authorization (Form I-765) and Advance Parole (a permit to travel – Form I-131). USCIS used to issue a Combo Card, an employment card which also served as a Travel Permit.
           Recently, USCIS stopped this useful arrangement, and now issues the two permits separately: first, the Employment Card, which cannot be used for travel, and then a separate Travel Permit.


           Some time ago, the Biden Administration published “guidelines” for US ICE, about what CATEGORIES of non-citizens should be given priority in REMOVAL actions, and what categories to “leave alone”.
           However, some Federal Judges agreed that such “guidelines” are a violation of immigration law – and the guidelines were cancelled.
           In reaction, US ICE made it known that ICE officers still have the authority to exercise Prosecutorial Discretion in individual cases. Meaning: an officer can still decide to leave you alone, if you make an INDIVIDUAL request in your own case and provide reasons why you should be left alone.
           Separately, US ICE announced that one factor they would consider in favor of the applicant is if anyone in their family is serving, or has served, in the Armed Forces of the U.S. This may convince US ICE to leave you alone.
           Sending your American citizen son or daughter to serve in any branch of the U.S. Armed Forces could be a good career move for any non-citizen.
3250 Wilshire Blvd., Suite 1918
Los Angeles, CA 90010
(213) 383-3222