National Defense Authorization Act

2020 National Defense Authorization Act: What to Know and How It Can Affect You?

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The 2020 National Defense Authorization Act provides several new provisions that impact many national science and technology policies, the Defense Department’s research security efforts, and several immigration-related measures. Immigration Law Group consists of top-rated Immigration lawyers who understand the effects of these immigration policy changes. We know how imperative it is to have a dedicated and knowledgeable team working for you. Our staff will not only walk you through these new immigration policy updates but provide your case with the attention and care that it deserves.

What is the 2020 National Defense Authorization Act?

The  2020 National Defense Authorization Act  authorizes specific 2020 appropriations and puts into place certain policies for the Department of Defense activities and programs. The bill also includes many immigration-related provisions that affect Liberian nationals, the Afghan special immigrant visa programs, the parole in place for individual service members, and specific protections of the DACA and TPS service members.

Essential Immigration Changes That Come With the Act

The National Defense Authorization Act is the primary way for Congress to execute its Constitutional duties. Specifically, support and raise the Armies, maintain and provide for its Navy while making rules for the government and specific regulations for the land and naval forces. In addition, to the numerous provisions to expand on these primary goals, there have been specific immigration policies that have also been amended.

  • Liberian Nationals:

Under this act, Liberians can adjust their status if they have been in the United States since November 20, 2014. Once these individuals obtain their LPR status, they can apply for citizenship without having to wait for an additional period of time. This act will allow individuals to apply one year after enactment.

  • Afghan Special Immigrant Visa Program:

Under this act, the Afghan Special Immigrant Visa Program will add 4,000 additional visas. It will affect the Afghan interpreters, translators, and other support staff who had worked with the U.S. military in Afghanistan. However, with the addition of these visas, it will also require reporting and evaluations to be done by the Department of State Inspector General about this program for the Iraqi and the Afghan allies.

  • Parole In Place:

This bill provides authorization according to INA Section 212(d)(5) to exercise parole in place on a case-by-case basis for individual service members and their families. This bill will protect those undocumented family members of veterans and active-duty military from deportation. It will confirm how vital the parole in place is, specifically in furthering the family unity and the stability for military families.

  • DACA and TPS Service Members

This bill will protect the recipients of DACA and TPS service members from being involuntarily separated from the Armed Forces.

How Will the Act Affect the Country?

The 2020 National Defense Authorization Act will ensure that individuals of the Armed Forces have the resources they need to protect the United States’ interests globally by enhancing America’s national security while also caring for the troops and their families. In addition, this bill will have a significant impact on immigration by increasing the number of special immigrant visas available to Afghans. It will also protecting those undocumented military family members from deportation, which the Trump administration had considered ending. Unfortunately, the bill did not address the desired language that immigration advocates had wanted. Specifically, language that restricted the transfer of military personnel and resources for the border wall or the immigration detention on the military bases. Time will tell how this will affect the country.

Why Call the Immigration Law Group?

With the constant changes in immigration law, it is important to hire an immigration team that has the experience, knowledge, and dedication to handle your immigration matters. With Immigration Law Group, we will provide you with an experienced team that will take on any immigration challenge you may have. Contact  our office today for more information or to set up an appointment.

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migrant protection protocol

Migrant Protection Protocol: What Is It and How Does it Affect Immigrants?

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Under the current political administration, many of the established immigration laws, like the Migrant Protection Protocol, are being profoundly altered and scrutinized to limit the number of people arriving at the US- Mexico border. Because of these new policies, there has been constant chaos for vulnerable asylum seekers. It is leaving thousands of migrants to deal with dangerous conditions, family separations, and a terrible health environment.

What is the Migrant Protection Protocol?

The Migrant Protection Protocols (MPP) are actions implemented by the U.S. Government. It states migrants that are entering illegally or seeking admission without proper documentation into the United States from Mexico must wait in Mexico for the duration of their immigration proceedings. Per the regulation, Mexico will be required to provide the asylum seekers humanitarian protections during this period.

What are the Dangers of the MPP?

This intention of the MPP policy was to create a more efficient and orderly immigration system. Instead, this new regulation requires migrants to wait for months or years in dangerous camps while their case is processed. Many of these migrants are already fleeing terrible conditions, only to be required to stay in camps that have become life-threatening and treacherous.

This new asylum policy has led these migrants to live in some of the most dangerous cities located at the Mexico border. Thus, resulting in a wave of kidnappings, sexual assaults, and rapes. Many criminal organizations have seized opportunities from this new MPP policy by abducting these endangered asylum migrants waiting at the border. They have kept them hostage until their families pay thousands of dollars for their release. Not only is crime a massive issue for these immigrants, but health concerns are also on the rise, as the health conditions at these camps continue to worsen. Without clean water, many immigrants must use the polluted Rio Grande to take care of their essential needs. This usage has resulted in many rashes and a plethora of other health problems.

The whole premise of the MPP was to reduce threats of life and protect vulnerable populations. This objective has been gravely missed. Ideally, the program would have found ways to increase capacity at the ports of entry or improve the detention programs. Rather this policy has led to expanding our asylum system’s current inefficiencies and creating dangerous conditions. As the enforcement of the “Remain in Mexico” program continues, it leaves thousands of migrants to handle the immigration crisis on their own while ultimately putting their lives, safety, and health at risk.

How does the MPP Affect Immigrants and the U.S.?

Under the MPP policy, it makes it nearly impossible for migrants to obtain asylum when they reach the United States. Instead, it leaves these individuals to handle terrible conditions, chaos, and a lot of suffering.   However, it is not only the migrants that are hurting under this regulation.

With the additional border security required under this policy, its forced thousands of U.S. federal employees to work without pay. This policy has created an immense burden for many U.S. officials and has created an overall legal and humanitarian nightmare. Not just an immigration issue, the MPP policy has become a disaster for people and the country as a whole.

Call Immigration Law Group!

Under the current Trump Administration, immigration policies are continually being changed.   It’s more important than ever to have qualified professionals working on your immigration case.

With Immigration Law Group, you can be confident that you are getting the best legal services specific to your case. If you have an immigration question or would like to discuss your immigration case, contact  our dedicated and experienced staff today.

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Portland Immigration Lawyer

Trump Administration Will Raise Immigration Filing Fees

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The cost for becoming a United States Citizen might become 83 percent more expensive. The Trump Administration is attempting to raise the application fees from citizenship to legal permanent residency.

Last Thursday, USCIS announced the proposed price hikes, in their statement “current fees do not recover the full costs of providing adjudication and naturalization services.”   The citizenship application fee is currently 640 dollars, the proposed price hike would make the fee 1,170 dollars. The legal permanent residency fee is currently 1,220 and USCIS is attempting to raise it to 2,195.

The proposed price hikes would have a major affect on immigration. There are also price hikes for Asylum, Temporary Protected Status Beneficiaries, and DACA recipients. DACA renewals would go from 495 dollars to 765 dollars. The administration is also seeking to transfer $207.6 million of USCIS funding and divert it to Immigration and Customs Enforcement.

Advocacy groups are pressing people who are eligible to apply as soon as possible. USCIS and the Trump Administration must place the proposed price hikes in a comment period, the period ends on December 16th.

These price hikes have very little blocking their way to becoming a reality. Congress is really the only option to prevent the price hikes from becoming implemented.

The time to apply for your green card or citizenship application is now!   Don’t wait until the fees increase a substantial amount more than they already are.   Feel free to contact us with any questions.

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Oregon Judge Blocks Trump’s Plan to Bar Immigrants Unable to Pay for Health Care

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On Saturday, Federal District Court Judge from Portland, Oregon, ruled against the Trump Administration’s attempt to curb legal immigration. The proposed policy would require immigrants to prove they have the financial resources to obtain health insurance if approved for a Visa.

 

Judge Simon issued a nationwide temporary restraining order that prevents the United States Government and the Trump Administration from carrying out this new policy. The Policy was planned to go into effect on November 3rd.

 

According to New York Times Reporter Aimee Ortiz “Mr. Trump’s Oct. 4 proclamation ordered consular officers to bar immigrants who could not prove they had health insurance or the ability to pay for medical costs once they become permanent residents of the United States. The president had justified the policy on the grounds that immigrants were more likely to be uninsured, and that costs associated with this care are passed on to the American people in the form of higher taxes, higher premiums, and higher fees for medical services.”

 

This policy, along with other Immigration based policy changes the Trump Administration has tried to roll out has been constantly stopped by Judges before it reaches the implementation stage.

 

Ortiz reports “Lawyers from Justice Action Center, Innovation Law Lab and the American Immigration Lawyers Association argued that the policy was “plainly illegal” and that it would cause immediate and irreparable harm.“This new requirement rewrites our immigration and health care laws,” the lawyers wrote in a motion seeking a temporary restraining order. They noted that the policy could effectively bar up to 375,000 “otherwise qualified immigrants each year.””

 

The Justice Action Center also stated “We’re glad that the court understands the importance of preventing the health care ban from taking effect tonight, but this is just the first step, Esther Sung, a senior litigator at the Justice Action Center, said on Saturday. The impact of this ban is just huge. Hundreds of thousands of people would be affected,” she said. “Two out of three intending immigrants every year might not be able to join their families. It’s outrageous that the Trump administration is trying to slip this by people without them noticing.”

 

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Supreme Court to take on DACA in new term

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The Supreme Court will be taking on a number of major cases that will have major implications. They will be hearing cases that deal with LGBTQ, guns and DACA.

There are currently 800,000 young immigrants within the DACA system. Their fate is in the hands of nine justices. The Supreme Court will be deciding on the 2017 decision made by President Trump to end the DACA program, they will be evaluating the legality of the decision.

DACA was a program created by President Obama in 2012 using his Executive Authority. The program allows undocumented immigrants who do not have a criminal record and who are attending school, to pay a fee and register with the United States Government. They would be allowed to receive a temporary waiver to be allowed to work and live without fear of deportation. DACA recipients are required to renew their status every two years.  

President Trump claims he can end the program via Executive Decision purely because the program was created by Executive Order.

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Immigration public charge Update on Visa Applicants Portland, Oregon

Public Charge Rule going into effect on October 15th

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The Public Charge Rule is set to go into affect on October 15th. The new policy has received many challenges, both in court and with Immigration advocates. Critics of the new rule have claimed “The new rule — which critics say makes the definition of “public charge” so vague and all-encompassing that it will effectively favor only rich, white immigrants — drew swift rebuke from dozens of state and local governments, attorneys general, public health organizations and immigrant advocacy groups after U.S. Citizenship and Immigration Services formally announced the policy in September.”

The USCIS has refused to comment on the on-going legal battle between the courts and the Trump administration. Washington Post writer Abigale Hauslohner reports   “Is expected to decide next week on whether to block the rule from taking effect.”

Another Federal Judge in Olympia, Washington is going to hold a separate hearing on the same piece of policy. The lawsuit was filed by a coalition of 13 different states. Judges in New York, Maryland and Illinois will also be making decisions on this policy.

If the policy goes into effect, according to Hauslohner “the new public-charge rule, immigrants who are in the United States legally and use public benefits such as Medicaid, food stamps or housing assistance — or have at one time used public benefits, or are deemed likely to someday use public benefits — could be considered “public charges,” rendering them ineligible for green cards.

The new criteria provide “positive” and “negative” factors for immigration officials to weigh as they decide on green-card applications. Negative factors include whether a person is unemployed, dropped out of high school or is not fluent in English.” Hauslohner also reports “Critics say the rule is likely to reduce legal immigration by slashing eligibility for family-based visas, the leading type of legal immigration to the United States, particularly from low-income countries in Africa and Latin America. They say it could also lead to more deportations as huge numbers of immigrants see their applications denied.”

Hauslohner states “The lawsuits argue that the new “public charge” definition deviates substantially from more than 100 years of legal interpretation. They say it will cause significant harm to the health and well-being of immigrant families, as well as the institutions that service them, by leading many to abstain from seeking public benefits that they or their children may need.”

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Immigration News Update on Visa Applicants Portland, Oregon

Trump Will Deny Visas To Those Who Can’t Pay for Health Care

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The Trump administration will deny visas to immigrants who cannot prove they will have health insurance or the ability to pay for medical costs once they become permanent residents of the United States, the White House announced Friday in the latest move by President Trump to undermine legal immigration.

The proclamation has been in the works for many months according to New York Times Reporters Michael Shear and Miriam Jordan. The new policy will not affect refugees, asylum seekers or students seeking to attend college in the United States.

According to Shear and Jordan “ Once the policy is in place, people seeking those visas would be asked by consular officers to show how they intend to be covered by health insurance within 30 days of arriving in the United States. That could include proof that they  will have health care through a job or will be covered under a relative’s insurance. If they cannot show that to the satisfaction of the consular office, their visa will be denied”

The recently announced policy has caused a stir, “Thousands of people annually would be denied green cards if the executive order takes effect” said Steve Yale-Loehr, an immigration scholar at Cornell Law School.

“Most people who are receiving green cards already have a job waiting or have a spouse that is employed,” Ms. Jamae said. “When you apply for a green card you already have to meet certain financial requirements.”

Other criticisms include “Most people who are receiving green cards already have a job waiting or have a spouse that is employed,” Ms. Jamae said. “When you apply for a green card you already have to meet certain financial requirements.”

Shear and Jordan also talked with, Doug Rand, a former White House official who worked on immigration in the Obama administration. Rand predicts that the president’s proclamation would be met by legal challenges.

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EMPLOYMENT BASED VISAS

HOW TO BECOME A U.S. CITIZEN

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How to become a United States Citizen:

You have been a permanent resident green card holder for the last five years, or a permanent resident green card holder for the last three years if you are filing as the spouse of a US citizen. Now you want to enjoy the benefits of being a United States citizen, maybe you want to vote, maybe you want to have the chance of working federal jobs, or maybe you just don’t want to worry about renewing your green card every 10 years and have the peace of mind that comes with being a United States citizen. Below are the steps and requirements that are necessary to become a United States citizen.

Phase one: Eligibility

The applicant must be at least eighteen years old at the time of filing N-400 form. You also must be a permanent resident green card holder of at least five years OR a permanent resident green card holder of at least three years if you are filing as the spouse of a person who is a United States citizen.

There is a ninety-day filing exception. You may submit your N-400 to USCIS as early as
ninety days before reaching your three- or five-year wait period as a green card holder —
as long as you’ve satisfied all other eligibility requirements. You must still wait the full three or five years, however, to become a U.S. citizen. Filing early just lets you get ahead in the application process. (Our guide to citizenship has the full details.)

You can apply if you are married to, and living with, a US citizen. You also must have been married to that US citizen for at least the past three years. The US citizen spouse must have been a US citizen for at least the past three years.

Also during the past three years, you must not have been out of the country for eighteen months or more. You are eligible to apply based on five-year residency if during the last five years you have NOT been out of the United States for thirty months or more.

There are exceptions to the thirty-month rule. If you are a person who has served on board a vessel operated by or registered in the United States OR are an employee or an individual under contract to the US Government OR a person who performs ministerial or priestly functions for a religious denomination or an interdenominational organization with a valid presence in the United States.

To qualify for citizenship eligibility you must have not gone a trip outside the United
States for one year or more without an approved “Application to Preserve Residence for
Naturalization Purposes.”

You must reside in the state or district in which you applied for citizenship for at least the last three months.

Next Step – Biometrics Appointment

The next step is to set up your biometrics appointment — basically, getting your
fingerprints taken — at your local USCIS field office. As with the marriage-based green
card process, USCIS will take your fingerprints during naturalization in order to conduct
a background check. The fingerprinting appointment usually takes place about a month
after USCIS receives your U.S. citizenship application.

You must have “good moral character,” broadly defined as a character that measures up to
the standards of average citizens in your community. More specifically, however, it
means you did not have certain types of crimes — such as murder, illegal gambling, or intentionally lying to the U.S. government in order to gain immigration benefits — on
your record at any time before filing, and you did not lie during your naturalization
interview.

Phase Two: Exam and Oath

You must pass a two-part naturalization test: the first is an English language test
(covering reading, writing, and speaking skills) and the second a civics test (covering
knowledge of U.S. history and government).

You must be able to read, write and speak basic English. There are some exceptions to
this requirement. If you are over the age of fifty years old and have lived in the United
States for at least the last twenty years since becoming a Permanent resident OR you are over the age of fifty-five years old and have lived in the United States for at least fifteen
years since becoming a Permanent Resident OR you have a disability that prevents you from fulfilling this requirement and you will file a “Medical Certification for Disability Exceptions” (Form N-648) completed a signed by a doctor with your application.

You must know the fundamentals of US History and the form and principles of the US
Government. Must be willing to serve in the U.S. military or perform civilian service for the
The United States if called upon to do so. You must register with the Selective Service System if you are male and have lived in the United States between the ages of 18 and 25. You must be willing to defend the U.S. Constitution.

If you are able to pass through the two phases of requirements then you can become a United States citizen. If you want to determine your citizenship eligibility, please give us a call at (866)-691-9894 for a consultation to begin your path to becoming a United States citizen.

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