NY VISA LAWYER

 An estimated 20,000 Ukrainians that were given special permission to enter the U.S. with humanitarian parole last year are days away from the expiration date of their status.   There is no mechanism in place at the moment for Ukrainians to renew their parole or seek an extension. The future is uncertain for Ukrainians in this situation. DHS has not provided any information on this. President Biden said he intends on extending the program which originally got them parole but so far this has not been done and there is no word as to when it is expected to be announced.  See Associated Press article detailing this situation. 

  Biden's Proposed Asylum Ban Will Deny Individuals the Meaningful Ability to Seek Protection The rule may even violate international law as the U.S. will be refusing to provide adequate protections to individuals that may be in serious danger of a persecution in their home country and are entitled to protections under  The United Nations Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment ("CAT"). The proposed rule that bans individuals from applying for asylum in the U.S. if they passed through Mexico on their way to the U.S. could have a significant impact on asylum seekers' ability to seek protection in the U.S. There are several ways in which this rule could deprive individuals of the meaningful ability to seek protection: It would limit access to the asylum process: By barring individuals who passed through Mexico from applying for asylum in the U.S., the rule would effectively close the door to the asylum process for many p...

ASYLUM In order to prove eligibility for asylum in the United States, an individual must show that they meet the definition of a refugee as defined by the Immigration and Nationality Act (INA). According to the INA, a refugee is a person who is unable or unwilling to return to their country of origin because of a well-founded fear of persecution based on their race, religion, nationality, membership in a particular social group, or political opinion. To prove eligibility for asylum, an individual must provide credible and convincing evidence that demonstrates their fear of persecution is real. This can include, but is not limited to: Testimony from the asylum seeker about their experiences and fear of persecution Documentation or other forms of evidence supporting the asylum seeker's claims, such as newspaper articles or medical records Expert testimony or reports from experts in the relevant field who can provide context and support the asylum seeker's claims It is important ...

DHS Fact Sheet Implementation of the Credible Fear and Asylum Processing Interim Final Rule From DHS Website LINK , LINK On May 31, 2022, the Department of Homeland Security (DHS) and Department of Justice (DOJ) began implementing a rule to ensure that those subject to expedited removal who are eligible for asylum are granted relief quickly, and those who are not are promptly removed. Due to existing court backlogs, the process for hearing and deciding these asylum cases currently takes several years on average. By establishing a process for the efficient and thorough review of asylum claims, implementation of the rule will help reduce existing immigration court backlogs and will shorten the process to several months. Interim Final Rule The March 2022 interim final rule (IFR) titled “Procedures for Credible Fear Screening and Consideration of Asylum, Withholding of Removal, and CAT Protection Claims by Asylum Officers” (sometimes referred to as the Asylum Officer Rule) authorize...

Immigration Judge Who Denies The Most Cases NYC The Judge with the highest percentage of asylum denials is a tie between IJ Menkin  and IJ Burns both with 83% denial rates for asylum cases. This does not include the detained docket where denial rates are usually higher for multiple reasons.  Immigration Judge Who Grants The Most Cases   NYC IJ Chew 7.1% denial rates and IJ McManus with a 7.4% denial rate on asylum cases. Surprising to me, is that IJ Bukszpan (now retired) has the third lowest asylum denials rate in New York with 10%. I only had decide one case in its merits prior to her retirement so I have no reason to be surprised.   These numbers are from TRAC ,  Syracuse University, which tracks Government agencies and provides a ridiculous amount of data to the public along with reports summarizing their findings. I cite to their cite often because they have so much information available, on several government agencies not just immigration. You should ...

  U.S. Citizenship and Immigration Services (USCIS) today announced that certain asylum applicants can now file  Form I-765, Application for Employment Authorization , online. This is an important step in USCIS’ efforts to employ technical solutions to streamline and improve processing efficiency and reduce wait times. Effective immediately, applicants for employment authorization under category (c)(8), Pending Asylum and Withholding of Removal Applicants and Applicants for Pending Asylum under the ABC Settlement Agreement, may file Form I-765 online .