*** Certain Lebanese nationals will be eligible for DED and TPS, allowing them to work and temporarily remain in the United States ***

WASHINGTON – The U.S. Department of Homeland Security (DHS) is announcing new actions to provide temporary immigration reprieve to eligible Lebanese nationals currently in the United States and allowing them the opportunity to request work authorization. Included in today’s announcement are details related to the Deferred Enforced Departure (DED) for Lebanese nationals as previously announced in July, and a planned new Temporary Protected Status (TPS) designation for Lebanon.

Secretary Mayorkas is announcing a new TPS designation for Lebanon for 18 months due to ongoing armed conflict and extraordinary and temporary conditions in Lebanon that prevent nationals of Lebanon from returning in safety. Those approved for TPS will be able to remain in the country while the United States is in discussions to achieve a diplomatic resolution for lasting stability and security across the Israel-Lebanon border.

The designation of Lebanon for TPS will allow Lebanese nationals (and individuals having no nationality who last habitually resided in Lebanon) who have been continuously residing in the United States since October 16, 2024 to file initial applications for TPS, if they are otherwise eligible. Lebanese nationals who entered the United States after October 16, 2024 will not be eligible for TPS. 

More information about TPS, including how to apply for employment authorization, will be included in a forthcoming Federal Register Notice which DHS intends to publish in the next few weeks. Individuals should not apply for TPS under this designation until this Federal Register Notice publishes.

DHS is also publishing a Special Student Relief Notice for F-1 nonimmigrant students whose country of citizenship is Lebanon, or individuals having no nationality who last habitually resided in Lebanon, so that eligible students may request employment authorization, work an increased number of hours while school is in session, and reduce their course load while continuing to maintain F-1 status through the DED designation period.

In total, approximately 11,000 Lebanese nationals will likely be eligible for DED and TPS pursuant to these actions. There are also approximately 1,740 F-1 nonimmigrant students from Lebanon in the United States who may be eligible for Special Student Relief.

President Biden is set to announce a new program for Parole in Place for Spouse's of US citizen that have been physically in the US for more than ten [10] years, but that are unable to currently Adjust their Status to Legal Permanent Resident because they entered the US without inspection (EWI). 

In a program scheduled to be live later this Summer, applicants will be able to apply for this Parole in Place without leaving the US, which will give them a lawful entry and allow them to obtain their Green Card based upon their marriage with a US citizen spouse where they can prove they've physically been in the US for at least ten [10] years. The marriage with the US citizen must have taken place PRIOR to June 17, 2024. Marriages that take place after this date will not be considered under this Parole in Place program based on what we know today.

Under President Obama, this issue had previously been addressed through the I-601(a) Provisional Waiver for Unlawful Presence, which is still available to this day. However this process was hard to obtain, and took years to process. With the new Biden Parole in Place application applicants that have been in the US for at least ten [10] years will be able to directly obtain their Green Card without the need of a I-601(a) waiver. 

More details are set to become availbale on this program over the course of the summer.  

Fact Sheet: DHS Announces New Process to Promote the Unity and Stability of Families

The Department of Homeland Security (DHS) announced actions to promote family unity in the immigration process, consistent with the Biden-Harris Administration’s commitment to keeping families together. This announcement utilizes existing authorities to promote family unity, but only Congress can fix our broken immigration system.

Under current law, noncitizens married to a U.S. citizen may apply for lawful permanent residence through their marriage to a U.S. citizen. However, to apply for lawful permanent residence, many noncitizens must first depart the United States and wait to be processed abroad, resulting in a prolonged, potentially indefinite, period of separation from their U.S. citizen family members and causing tremendous hardship to all concerned. Consequently, these families live in fear and face deep uncertainty about their future.

To address this challenge, DHS will establish a new process to consider, on a case-by-case basis, requests for certain noncitizen spouses of U.S. citizens who have lived in the United States for 10 years or more; do not pose a threat to public safety or national security; are otherwise eligible to apply for adjustment of status; and merit a favorable exercise of discretion. If eligible, these noncitizens will be able to apply for lawful permanent residence without having to leave the United States. DHS estimates that approximately 500,000 noncitizen spouses of U.S. citizens could be eligible to access this process; on average, these noncitizens have resided in the United States for 23 years. Approximately 50,000 children of these spouses also will be eligible for this process. Noncitizens who pose a threat to national security or public safety will not be eligible for this process, as aligned with our immigration enforcement priorities. If a noncitizen poses a threat to national security or public safety, DHS will detain, remove, or refer them to other federal agencies for further vetting, investigation, or prosecution as appropriate.

Today’s actions build on unprecedented steps by the Biden-Harris Administration to strengthen family unity including by implementing family reunification parole processes for nationals of Colombia, El Salvador, Guatemala, Honduras, and Ecuador; updating and modernizing the Cuban and Haitian family reunification parole processes; leading the Family Reunification Task Force to reunify nearly 800 children with their families who were separated; and establishing country-specific parole processes for certain nationals of Cuba, Haiti, Nicaragua, and Venezuela (CHNV) who have a U.S.-based supporter.

Eligibility and Process

To be considered on a case-by-case basis for this process, an individual must:

• Be present in the United States without admission or parole;
• Have been continuously present in the United States for at least 10 years as of June 17, 2024; and
• Have a legally valid marriage to a U.S. citizen as of June 17, 2024.

In addition, individuals must have no disqualifying criminal history or otherwise constitute a threat to national security or public safety and should otherwise merit a favorable exercise of discretion.

Noncitizen children of potential requestors may also be considered for parole under this process if they are physically present in the United States without admission or parole and have a qualifying stepchild relationship to a U.S. citizen as of June 17, 2024.

In order to be considered for parole, an individual will need to file a form with USCIS along with supporting documentation to show they meet the requirements and pay a fee. Further information regarding eligibility and the application process, including a notice in the Federal Register, will be published in the near term. USCIS will reject any filings or individual requests received before the date when the application period begins later this summer.

Upon receipt of a properly filed parole in place request USCIS will determine on a case-by-case basis whether a grant of parole is warranted and whether the applicant merits a favorable exercise of discretion. All requests will take into consideration the potential requestor’s previous immigration history, criminal history, the results of background checks and national security and public safety vetting, and any other relevant information available to or requested by USCIS. USCIS has strong processes in place to identify and address potential fraud, which will be applied here to ensure the integrity of this program.

Other Action

In addition, DHS will join the Department of State in an effort to more efficiently facilitate certain employment-based nonimmigrant visas for eligible individuals, including Deferred Action for Childhood Arrivals (DACA) recipients and undocumented noncitizens, who have graduated from an accredited U.S. institution of higher education. By clarifying and enhancing the existing process, the Department of State’s policy will give U.S. employers increased confidence that they can hire the talent they need, and that they will be able to quickly get to work. DHS will implement the Department of State’s policy update.

U.S. Citizenship and Immigration Services (USCIS) published a final rule to adjust certain immigration and naturalization benefit request fees for the first time since 2016. Ironically the new fees will be required starting on April Fool's Day 4/1/2024. 

It looks at first glance for Family Based Cases and Naturalization Cases that the new fees very similar to the old fees, without much increase. The largest difference will be for K-1 Visa clients who will expect to pay about $355 more than before from end to end with government fees including the Adjustment of Status proces at the end.

The smallest change is to Naturalization, which is only up by $35, but is actually less than before as it appears the new fee incorporates the biometrics fees that previously were charged separately.

At a Glance:

I-130 will move from $535 to be $675

I-129(f) will move from $535 to be $675

I-485 will move from $1,225 to be $1,440

N-400 will move from $725 to be $760

In Detail, the "FINAL FEE(s)" is the new amount that will be used as of April 1, 2024.

For immigration purposes, it is federal law that controls, and it remains a federal offense to possess marijuana. In particular, a noncitizen who admits to an immigration official that they possessed marijuana can be found inadmissible, denied entry into the United States, or have their application for lawful status or naturalization denied. Depending on the circumstances, it can make a lawful permanent resident deportable.

This is true even if the conduct was permitted under state law, the person never was convicted of a crime, and the conduct took place in their own home. State laws legalizing marijuana provide many benefits, but unfortunately, they also are a trap for unwary immigrants. Believing that they have done nothing wrong, immigrants may readily admit to officials that they possessed marijuana.

In some states, such as Washington, ICE, CIS, and/or CBP agents have aggressively asked noncitizens if they ever have possessed marijuana, in an attempt to find people inadmissible. In other states, such as California, CIS does not appear to be doing this, although CBP officials at border and internal checkpoints are.

State laws, like the laws in Ohio, that legalize marijuana fall into two categories. State medical marijuana laws typically require the person to have a doctor’s order. They permit buying, owning, using, and often growing a small amount of marijuana, but do not permit giving away, selling (without a license), or other conduct. State recreational marijuana laws don’t require a doctor’s order, but do require the person to be an adult. With some restrictions, they may permit buying, owning, using, growing, and giving away a small amount of marijuana, but not selling (without a license) or other conduct. States may also license businesses and other entities, and their employees, to engage in regulated commerce involving marijuana.

Regardless of state law, marijuana remains a federal Schedule I controlled substance. As such it can cause heavy penalties for immigrants. Just admitting to DHS that one possessed marijuana, or just being employed in the legitimate cannabis industry, can make a noncitizen inadmissible and conditionally (for a certain time period) barred from establishing good moral character – even if that conduct was permitted under state law.

Example: Carol uses medical marijuana according to her doctor’s instructions, in her own home. This is all legal in her state. But if she admits to DHS that she has done this, she can be found inadmissible and/or conditionally barred from establishing good moral character for admitting a federal controlled substance offense. This is true despite the fact that she never was convicted, she did not use marijuana on federal property, and she used it in accordance with the law of her state.

Example: Silvia used to work in the accounting department of Cannabis, Inc., a major corporation that is legal and duly licensed in her state. She pays state and federal income taxes like any lawful worker. She has never tried marijuana. If she provides her place of employment (for example, she lists it on her I-485 or N-400), DHS will say that it has “reason to believe” she is a drug trafficker. Or, they may ask her questions about the employment and have her “admit” to a federal offense. She can be found inadmissible and/or conditionally barred from establishing good moral character.

Example: Martin is an LPR who uses recreational marijuana legally in his home in Colorado. If he admits to DHS that he has used marijuana more than once, he could be conditionally barred from establishing good moral character required for naturalization, but he would not be deportable. As an LPR remaining within the United States, the only penalty for legal use of marijuana is that he must stop using it for some years before he can naturalize.

But say Martin visits his father in Mexico for a few days, and upon return a border officer finds a photo on his phone showing him in a marijuana shop. She carefully questions Martin, who admits that he uses marijuana sometimes “because it’s legal.” Now Martin is subject to the grounds of inadmissibility, and he is inadmissible. Unless he qualifies for and is granted some relief, like LPR cancellation, he will lose his green card and be permanently barred from the U.S. Or, if Martin had simply re-entered the U.S. after his with no problem, but years later immigration authorities discovered that he was using marijuana before that trip, they might claim that he is deportable for having been inadmissible at last entry (although Martin may have a defense). 

The advice is:

• Stay away from marijuana until you are a U.S. citizen.
• If you truly need medical marijuana, get a legal consult.
• Do not carry marijuana, a medical marijuana card, or marijuana stickers, t-shirts, etc.
• Remove any text or photos relating to marijuana from your social media and phone.
• If you have used marijuana, or worked in the industry, get a legal consult before leaving the United States or applying for naturalization or immigration status. 
• Never discuss conduct involving marijuana with immigration, border, consular, or law enforcement authorities -- unless your immigration attorney has advised that this is safe.

US cities have been grappling with large numbers fleeing economic and political turmoil in Venezuela. Some 243,000 Venezuelans already have the status stemming from a 2021 policy that was renewed last year.

Secretary of Homeland Security Alejandro N. Mayorkas today announced the extension and redesignation of Venezuela for Temporary Protected Status (TPS) for 18 months, due to extraordinary and temporary conditions in Venezuela that prevent individuals from safely returning. 

After reviewing the country conditions in Venezuela and consulting with interagency partners, Secretary Mayorkas determined that an 18-month TPS extension and redesignation are warranted based on Venezuela’s increased instability and lack of safety due to the enduring humanitarian, security, political, and environmental conditions. This redesignation provides temporary protection from removal, as well as employment authorization for individuals in the United States before July 31, 2023.

“Temporary protected status provides individuals already present in the United States with protection from removal when the conditions in their home country prevent their safe return,” said Secretary Alejandro Mayorkas. “That is the situation that Venezuelans who arrived here on or before July 31 of this year find themselves in. We are accordingly granting them the protection that the law provides. However, it is critical that Venezuelans understand that those who have arrived here after July 31, 2023 are not eligible for such protection, and instead will be removed when they are found to not have a legal basis to stay.”

Applicants for TPS under this redesignation must demonstrate that they are Venezuelan nationals (or individuals without nationality who last habitually resided in Venezuelan) who have been continuously residing in the United States since July 31, 2023 and meet other eligibility criteria.

 Redesignation Allows Additional Eligible Venezuelan Nationals in the U.S. to Apply for TPS and Employment Authorization Documents 

There are currently approximately 242,700 TPS beneficiaries under Venezuela’s existing TPS designation.  There are an additional approximately 472,000 nationals of Venezuela who may be eligible under the redesignation of Venezuela.

The forthcoming Federal Register notice will explain eligibility criteria, timelines, and procedures necessary for current beneficiaries to re-register and renew EADs, and for new applicants to submit an initial application under the redesignation and apply for an EAD. 

The Department of Homeland Security (DHS) announced plans to rescind its prior terminations of Temporary Protected Status (TPS) for El Salvador, Honduras, Nepal, and Nicaragua and extend TPS designations for all four countries for 18 months.

DHS will publish Federal Register notices for the El Salvador, Honduras, Nepal, and Nicaragua TPS rescissions and extensions and provide additional information on the re-registration process soon.

El Salvador
The extension of TPS for El Salvador from Sept. 10, 2023, through March 9, 2025, allows approximately 239,000 current beneficiaries to re-register to retain TPS under the extension, if they still meet TPS eligibility requirements. Only beneficiaries under El Salvador’s existing designation or Salvadoran nationals (and individuals having no nationality who last habitually resided in El Salvador) who have continuously resided in the United States since Feb. 13, 2001, and have been continuously physically present since March 9, 2001, are eligible under this extension.

Honduras
The extension of TPS for Honduras from Jan. 6, 2024, through July 5, 2025, allows approximately 76,000 current beneficiaries to re-register to retain TPS under the extension, if they still meet TPS eligibility requirements. Only beneficiaries under Honduras’ existing designation or Honduran nationals (and individuals having no nationality who last habitually resided in Honduras) who have continuously resided in the United States since Dec. 30, 1998, and have been continuously physically present since Jan. 5, 1999, are eligible under this extension.

Nepal
The extension of TPS for Nepal from Dec. 25, 2023, through June 24, 2025, allows approximately 14,500 current beneficiaries to re-register to retain TPS under the extension, if they still meet TPS eligibility requirements. Only beneficiaries under Nepal’s existing designation or Nepali nationals (and individuals having no nationality who last habitually resided in Nepal) who have continuously resided in the United States since June 24, 2015, and have been continuously physically present since June 24, 2015, are eligible under this extension.

Nicaragua
The extension of TPS for Nicaragua from Jan. 6, 2024, through July 5, 2025, allows approximately 4,000 current beneficiaries to re-register to retain TPS under the extension, if they still meet TPS eligibility requirements. Only beneficiaries under Nicaragua’s existing designation or Nicaraguan nationals (and individuals having no nationality who last habitually resided in Nicaragua) who have continuously resided in the United States since Dec. 30, 1998, and have been continuously physically present since Jan. 5, 1999, are eligible under this extension.

More Information
Existing El Salvador, Honduras, Nepal, and Nicaragua TPS beneficiaries who wish to extend their status must re-register during the 60-day re-registration periods that will be detailed in notices that will be issued in the near future.

The rules will also automatically extend the validity of Employment Authorization Documents, Forms I-94, Arrival/Departure Record, and Forms I-797, Notice of Action (Approval Notice).

U.S. Citizenship and Immigration Services announced the expansion of premium processing for certain applicants filing Applications to Extend / Change Nonimmigrant Status, requesting a change of status to F-1, F-2, M-1, M-2, J-1, or J-2 nonimmigrant status. 

The premium processing expansion for these categories will occur in phases.

• Beginning June 13, we will accept Form I-907 requests, filed via paper form or online, for applicants seeking a change of status to F-1, F-2, M-1, M-2, J-1, or J-2 status, who have a pending Form I-539.

• Beginning June 26, we will accept Form I-907 requests, filed via either paper form or online, for applicants seeking a change of status to F-1, F-2, M-1, M-2, J-1, or J-2 status, when filed together with a Form I-539.

Applying for Asylum in the United States

Applications for Asylum in the United States have been the cause of much controversy over the past few years. Here, at Pogue Law Firm, LLC, we are here to help with all of your asylum- related questions. Please fee free to contact us to schedule a consultation to discuss your immigration needs. In the meantime, please refer to the below questions for some basic information regarding applying for Asylum in the U.S.:

When should I apply for asylum in the United States?

Generally speaking, your asylum application should be submitted to USCIS no later than one year after your last arrival into the U.S. However, under certain and very specific circumstances, one may apply for an exception to submit their asylum application outside of this one-year deadline.

Who can apply for asylum in the United States?

In order to apply for asylum, one must show that they have been persecuted and/or have a well-founded fear of future persecution, for at least of the following reasons, if they were to return to their home country:

1. Persecution based upon race
2. Persecution based upon religion
3. Persecution based upon nationality
4. Persecution based upon political opinion
5. Persecution based upon membership in a particular social group
6. Persecution in violation of the Convention Against Torture

Can I work while my asylum case is pending?

Asylum seekers are permitted to submit Applications for Employment 150 days after their asylum applications have been accepted by USCIS. Your Receipt Notice will state the date upon which USCIS received your application.

Employment Authorization Document (EAD) processing times for asylum seekers vary with some applicants receiving responses within a few weeks, while others wait months for a response from USCIS. USCIS is now accepting online EAD applications for asylum seekers. Can I travel while my asylum case is pending?

Travel within the United States is permitted while your asylum case is pending. Travel outside of the United States should occur only after one has both (1) discussed the potential consequences of traveling abroad with a pending asylum application, which include being deemed inadmissible at the border and being refused re-entry, with an attorney and (2) applied for and obtained Advanced Parole.

The Department of Homeland Security today posted a Federal Register notice on Temporary Protected Status (TPS) for Ethiopia. 

The registration process begins on Dec. 12, 2022. All individuals who want to request TPS under the designation of Ethiopia must file an application.

To be eligible for TPS under Ethiopia’s designation, individuals must demonstrate their continuous residence in the United States since Oct. 20, 2022, and continuous physical presence in the United States since Dec. 12, 2022.

Individuals arriving in the United States after Oct. 20, 2022, are not eligible for TPS under this designation and may be subject to removal if they have no other authorization to be in the United States. U.S. Citizenship and Immigration Services (USCIS) estimates that about 26,700 individuals may be eligible for TPS under Ethiopia’s designation.

USCIS Extends COVID-19-related Flexibilities

U.S. Citizenship and Immigration Services is extending certain COVID-19-related flexibilities through Jan. 24, 2023, to assist applicants, petitioners, and requestors. Under these flexibilities, USCIS considers a response received within 60 calendar days after the due date set forth in the following requests or notices before taking any action, if the request or notice was issued between March 1, 2020, and Jan. 24, 2023, inclusive:

• Requests for Evidence;
• Continuations to Request Evidence (N-14);
• Notices of Intent to Deny;
• Notices of Intent to Revoke;
• Notices of Intent to Rescind;
• Notices of Intent to Terminate regional centers;
• Notices of Intent to Withdraw Temporary Protected Status; and
• Motions to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant.

In addition, USCIS will consider a Form I-290B, Notice of Appeal or Motion, or a Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA), if:

• The form was filed up to 90 calendar days from the issuance of a decision we made; and
• We made that decision between Nov. 1, 2021, and Jan. 24, 2023, inclusive.

As a reminder, the reproduced signature flexibility announced in March 2020 became permanent policy on July 25, 2022.