Is Canada the TPS solution?

A few days ago, Samuel, a client from Haiti, visited my San Bernardino immigration office. He wanted to talk about the future of the Temporary Protected Status program.

He worried that winning permanent residency was not in the cards. Samuel knew about the latest efforts to derail the TPS path to green cards through marriage.

Fearing deportation and a forced return to his home country, he confided he had been working on Plan B.

A few weeks ago, USCIS announced that I-130 petitions can now be filed via the internet.

The I-130, known as the Petition For Alien Relative, is the first step in the green card process. Its purpose is to prove the family relationship between a U.S. citizen or green card holder and an immigrant relative.

Most news stories note how this development speeds up the green card process. They portray the change as a positive, pro-immigrant measure.

The new filing procedure is a step in the right direction. Yet, the change warrants cautious optimism for immigrants and their families.

For several years, fixing our immigration system has been a hot political topic.

Building a border wall has been at the forefront of most Congressional proposals.  Several  representatives tout it as the primary cure for an overflow of immigrants trying to enter our country without legal documents.

This approach is short-sighted.

It negects the main component necessary for constructive immigration reform.

Sponsoring family members to live in the U.S. has been a central tenet of immigration law for over 50 years.

Contrary to chain migration rhetoric, immigration rules do not facilitate expedited passage of unlimited numbers of distant relatives through America’s ports of entry.

Rather, family-based applicants from abroad experience a slow and tedious process.

Over 28% of immigrants granted green cards from abroad last year had been waiting 10 years or longer for their interviews.

Historians will tell you the Cold War officially ended several decades ago.

Only not between Cuba and the United States.

Even today, as the back-and-forth diplomatice dance illustrates, harsh feelings and distrust between the two nations still linger.

Overcoming 60+ years of a politically severed relationship is not a simple task.

On July 2, 2019, the Department of Justice published amended rules governing appeals of immigration court decisions. The new rules take effect September 3, 2019.

The rules attempt to resuscitate Affirmance Without Opinion, a BIA procedure discredited during the Bush and Obama administrations.

The problem?

Affirmance Without Opinion (AWO) sacrifices constitutional due process for political expediency.

In the name of justice.

If you’ve ever hired an attorney, you know what I mean.

Language bloat.

Sentences that go on forever. Words you’ve never heard before. Phrases you don’t comprehend.

Writing and speaking that makes you want to SCREAM for help.

Okay, I exaggerate.

Just a little.

When it comes to immigration, quite often, the more things change, the more they remain the same.

For instance, over ten years ago, in my capacity as a citizenship and naturalization lawyer, I wrote a series of articles that explained why Congress should pass legislation approving waivers for immigrant veterans who committed certain offenses, related to mental illnesses caused by their military service, making them subject to automatic deportation.

I was shocked to learn about the number of immigrant veterans, facing removal, who were incarcerated at the El Centro, California Dentention Facility, alongside individuals whom I represented.  Thus, I endeavored to tell their story, the story of expedited citizenship which never materialized for them.

Obama was president then.  Trump is president now.

The issue persists.

Nearly 20 years old, Honduras TPS and Nicaragua TPS are two of the longest-standing TPS programs.

After five years of living in political purgatory, TPS beneficiaries are now able to re-register for benefits.

On June 13, 2023, the DHS Secretary announced the end of termination efforts put in place under the Trump Administration.