Newsletter Spring 2006

TPS EXTENDED FOR EL SALVADORANS TO SEPTEMBER 9, 2007; FOR HONDURANS AND NICARAGUANS TO JULY 5, 2007

Temporary Protected Status (TPS) has been extended for El Salvadorans until September 9, 2007.  The re-registration period will be announced shortly and is expected to begin in June 2006.  For Hondurans and Nicaraguans, TPS is extended until July 5, 2007.  The re-registration period runs April 1- June 1, 2006.

IMMIGRATION REFORM IS ON THE WAY

The United States Senate is now debating new laws that may help millions of undocumented people legalize.  This bill includes provisions for a “Guest Worker” program and a path to permanent residency and even citizenship. The Senate bill is in stark contrast to the bill passed by the House of Representatives in December 2005 which criminalizes most undocumented people and those who offer aid to the undocumented.  The House Bill also includes funding to build a 700-mile-long fence along the Mexican-American border.   The Senate is hoping to pass an approved law by April 7, 2006, but because of the massive nature of the laws and the differences with the House bill, passage is unlikely for several more weeks.

As recently as the afternoon of April 5th, the Senate sent a bill to the floor that would create a guest worker program that would lead to legalization for those individuals illegally in the United States for more than 5 years.  Those who were illegally in the U.S. for less than 5 years but more than 2 years would have to return to their native country to apply for the guest worker visa.  The bill is not yet law and it is possible that it will change in many respects before it is passed by the House and Senate and signed by President Bush.  However, it is an important signal that immigration reform is very near.

Encourage your family members who are US citizens to contact their Senators and House members to show support for the Senate bill.  If our elected leaders believe there is popular support for the Senate bill, true positive change can occur.

Beware of scams suggesting that “now” is the time to apply for a Guest Worker visa.  It does not exist yet.  Look forward to an Urgent Announcement from this Office when concrete laws are passed.

THOSE ORDERED DEPORTED MAY STILL APPLY FOR LEGALIZATION

Today, many people have applied for a green card with the USCIS (formerly the INS) and discovered they cannot be granted because there is a prior deportation order in their record.  Most people do not even know they had been ordered deported in the past.  Oftentimes, this obstacle can be overcome through a motion to reopen, but the law surrounding these motions is very complicated.

Susan Hill, one of the partners at Hill, Piibe & Villegas, has written articles for the Los Angeles County Bar Association’s Immigration Law Section, advising attorneys how to proceed with motions to reopen.  Ms. Hill believes that this kind of guidance is crucial, because if an error is made it is possible that there will be no chance to fix it in the future.  Having successfully represented hundreds of people in their motions to reopen, and winning cases on the issue at the U.S. Ninth Circuit Court of Appeals, this kind of experience is a great benefit to clients who need to tackle the convoluted law.

BE PREPARED, 245(i) MAY STILL COME BACK

With all the proposed changes to immigration law, smart people will do what they can to preserve their immigration rights today.  Filing a petition for permanent residency today may turn out to be just what saves a case in the future.  Thousands of people were saved who filed petitions before the deadline on April 30, 2001, and several amendments have been made to the law since then that benefitted people who already had petitions pending.  It is likely that more amendments will be made, so don’t delay if you are qualified to file!

RECENT NEW LAW ALLOWS CERTAIN PEOPLE DEPORTED TO APPLY FOR THEIR RESIDENCY

A recent decision by the United States Court of Appeals for the 9th Circuit allows certain people who have been physically deported from the United States in the past to apply for their “green cards” even though they did not remain outside the United States for the required 5 years.  If you have been deported and are now ready to receive your residency through marriage, another family member or a labor case, call now and make an appointment to meet with an attorney to see if you qualify under this new law.