All posts by Prerna Lal

USCIS Updates CSPA Policy Protecting More Children From Aging Out

In some positive news, the U.S. Citizenship and Immigration Services has issued guidance in the USCIS Policy Manual updating when an immigrant visa number “becomes available” for the purpose of calculating a noncitizen’s age in certain situations under the Child Status Protection Act (CSPA). For a child to obtain lawful permanent resident status in the United States based on their parent’s approved petition for a family-sponsored or employment-based visa, the child...

USCIS Issues New Asylee Adjustment Filing Rules

Effective immediately, U.S. Citizenship and Immigration Services (USCIS) has updated guidance in the USCIS Policy Manual to clarify that both asylees and refugees must have been physically present in the United States for one year when the agency adjudicates their Form I-485, Application to Register Permanent Residence or Adjust Status, rather than at the time they file their adjustment of status application. This applies to all Form I-485 and Form N-400, Application for Naturalization, applications pending on Feb....

Biden Announces Parole Program for Cubans, Haitians, Nicaraguans, and Venezuelans

In an effort to dissuade people from coming to the border and requesting asylum (or entering unlawfully), the Biden Administration has released plans for Cuban, Haitian, Nicaraguan, and Venezuelan nationals to apply for parole from abroad. These new programs are similar to the one announced for Ukrainians last year and also intended to reunite families in a safer and more orderly way. Sponsor requirements: An individual who holds lawful...

DHS Announces Temporary Protected Status – Afghanistan

The Department of Homeland Security (DHS) announced today the designation of Afghanistan for Temporary Protected Status (TPS) for 18 months. Only individuals who are already residing in the United States as of March 15, 2022, will be eligible for TPS. “This TPS designation will help to protect Afghan nationals who have already been living in the United States from returning to unsafe conditions. Under this designation, TPS will also...

DHS Announces Temporary Protected Status for Ukraine, Sudan, and South Sudan

The Department of Homeland Security (DHS) announced the designation of Ukraine for Temporary Protected Status (TPS) for 18 months. A person granted TPS is allowed to stay in the United States lawfully for the period of designation, and may work legally during that time by obtaining an Employment Authorization Document (EAD). “Russia’s premeditated and unprovoked attack on Ukraine has resulted in an ongoing war, senseless violence, and Ukrainians forced...

Resources for Afghanistan Refugees and SIV Applicants

We are heartbroken about the situation in Afghanistan right now, especially coming on the heels of decades of colonial occupation and war, and angry at the Biden Administration’s massive failure to do anything remotely helpful for thousands of displaced persons. We are working to ensure that the Biden Administration grants TPS to Afghanistan so that persons residing in the United States are not removed to a country that is...

Lal Legal Sues State Department Over Denial of U.S. Passport Renewal

Our lawsuit against the State Department over denial of a U.S. passport to a U.S. citizen is featured in Prism News this week. The case concerns the State Department practice of denying U.S. passports to Americans due to delayed registrations of their birth, and placing higher burdens on Americans to prove the fact of their births. The Department has engaged in this racist and nefarious practice for more than...

New Guidance On DACA and Advance Parole

We have an updated FAQ available on DACA as individuals who have previously never had DACA are eligible to apply now. We also have guidance available on advance parole here, as well as travel tips for those traveling on advance parole. We’re working with local non-profits such as Grassroots Leadership to be able to fund a limited set of initial DACA applications for individuals who have never had DACA...

Hopes and Expectations of a Biden Administration

For four long and hard years, the Trump administration has reshaped the United States immigration system through anti-immigrant executive action, proclamations, policy memos, and regulatory changes. The good news is that President-elect Joe Biden and VP-elect Kamala Harris can undo almost every change through the same mechanisms without having to go through the legislative branch. The bad news is that the newly elected administration must have the will to...

October Surprise: USCIS Fee Increases

It’s not really the October surprise but a long time coming. Last year, the agency proposed atrocious fee increases across for various immigration applications, which are now going into effect starting October 2, 2020. Fees for adjustment of status filings (green cards) would sky-rocket from the current $1760 to around $2900 if persons want interim benefits such as work and travel authorization. Fees for filing for naturalization will increase...