Cambridge Immigration Law
Cambridge Immigration Law

Category: Firm Updates

Many Undocumented Immigrants Denied COVID-19 Vaccines

April 9, 2021

 

Many undocumented immigrants across the country—including essential workers, the elderly, and individuals with pre-existing conditions— have been unable to receive COVID-19 vaccines due to lack of government issued identification. While most states offer alternatives to identification cards, such as proof of residency through addressed mail, many experts say the requirements still impose barriers on immigrants, especially those without permanent housing. Agricultural workers have been especially affected by this barrier, despite working throughout the pandemic and serving as the backbone of the American food supply chain. According to Melissa Taveras of the Florida Immigrant Commission, reports from immigrants who were denied the vaccine have been flooding the immigration group’s hotline.

Immigrant advocates in Florida have begun calling for an end to the requirement. In response, White House press secretary Jen Psaki has assured the public of President Biden’s support for the vaccination of immigrants. More specifically, in a press briefing, she stated “the more people who are vaccinated, whether they’re undocumented or not, the safer we are as a country, and that’s certainly the president’s point of view.” Hopefully, these words will turn into action.

Massachusetts has emphasized through their website that individuals without identification, social security numbers, or insurance information will not need to provide anything to receive a vaccine. However, the issue in Florida and several other states illuminates the barriers undocumented individuals are met with, that many citizens do not have to worry about. It is these barriers the government must be committed to destroying.

 

Read More About Receiving the Vaccine in MA Here: https://www.mass.gov/info-details/covid-19-vaccine-frequently-asked-questions 

 

If you need to talk to an experienced immigration attorney. We’ve helped hundreds of couples traverse the complicated immigration and citizenship process. We would love to help you as well.  Call 617-744-7919 or email hello@cambridgeimmigrationlaw.com to get in touch.

Move to End Privately Owned Immigrant Detention Centers in Congress

February 16, 2021

On February 11th, 2021, Arizona lawmaker Raul Grijalva reintroduced the “Justice Is Not For Sale Act.” This bill would phase out government contracts with private prisons and end immigrant family detention. It would also prevent companies from overcharging inmates and would “increase oversight of immigrant detention facilities to ensure humane treatment.” 

This bill addresses some of the shortcomings of President Biden’s January 29th executive order terminating federal private prison contracts. While Representative Grijalva described Biden’s order as “an important step to address the mass incarceration crisis that disproportionately impacts immigrants and communities of color,” his “Justice Is Not For Sale Act” would go even further. President Biden’s order did not mention private immigration detention centers, in which 81% of people in ICE custody are held. The “Justice is Not For Sale Act,” however, would specifically bar the Justice Department from contracting with private entities to operate immigrant detention facilities.

Representative Grijalva recognizes that imprisoning families seeking asylum is unethical. The bill would instead reinstate family case management programs. These programs have been proven to be more successful in “safely and efficiently guiding families through the asylum process.” This alternative focuses on helping asylum-seeking immigrants instead of using them for profit. 

The “Justice Is Not For Sale Act” is necessary. Private immigration detention centers are incentivized to limit expenses, which leads to higher reports of abuse and neglect. These centers rarely face accountability. Furthermore, these private centers profit off detainees, incentivizing higher incarceration rates. It is time for the United States to pass the “Justice Is Not For Sale Act” and finally end private detention centers. We must prioritize people over profit, always.

 

Read Representative Grijalva’s Official Press Release Here: https://grijalva.house.gov/press-releases/rep-grijalva-reintroduces-justice-not-sale-act-ban-private-prisons-and-end-immigrant

 

Filing for I-90 Will Automatically Extend Your Green Card for 12 Months!

January 12, 2021

Filing for I-90 Will Automatically Extend Your Green Card for 12 Months!

 

USCIS announced a new policy that will help green card holders whose green cards expire while Form I-90 is pending. This is great news, except that this policy should not be necessary because USCIS should be processing Form I-90 much, much, much quicker than the current processing times.

What does this all mean? When a person has a ten-year green and is six months away from the expiration of the card, that person can file Form I-90 to renew the green card. In recent years, Form I-90 would be processed in as little as one month, a reasonable amount of time for a basic document to be renewed for a person with lawful permanent resident status. In recent months, however, Form I-90 processing exceeds 6, 7, 8 months and more. Since a person cannot file Form I-90 more than six months prior to its expiration (unless the card was lost or had an error), then of course the person would end up with a pending I-90 and no unexpired proof of her green card status. To fill the gap between the green card expiration date and the receipt of a new green card, USCIS is provided a Receipt Notice for Form I-90 that serves to extend the green card by 12 months.

Unfortunately this policy only begins this month, so my clients who filed cases last year still have no approved I-90 and do not have a Receipt Notice that serves to extend their status. In those situations, we can call USCIS to request an in-person appointment at USCIS to get a stamp in the foreign passport or sticker on the green card to serve as proof of continued LPR status.

If you have a ten-year green card, you should consult with an attorney about whether you are eligible for US citizenship/naturalization. If you become a US citizen, you never need to worry again about your expiring green card!

See USCIS to Replace Sticker That Extends Validity of Green Cards | USCIS for more information about this new USCIS I-90 policy.

DACA Defended! What happens now?

June 19, 2020

The US Supreme Court recently ruled that the Trump administration did not properly end the DACA program. This is good and bad news. First the good news: the Trump administration’s efforts to end the DACA program still have not been successful. Now the bad news: The US Supreme Court’s decision essentially gives the Trump administration general instructions about what the administration would need to do to properly end the program. Since the decision, the administration has said that it will attempt again to end the program, following the US Supreme Court’s recent ruling.

 

 

Expansion of HHS J-1 Waiver for Clinical Care Physicians

May 22, 2020

The US Department of Health and Human Services recently expanded the scope of its waiver of the two-year home residency requirement

The former waiver was available only to physicians working at Federally Qualified Community Health Centers (CHC), as designated by the government. The expanded waiver allows any facility, such as a hospital or private practice, to apply for an HHS waiver as long as the facility has an HSPA score of at least 7 and the physician will provide primary care treatment. 

Information about the waiver is available at https://www.hhs.gov/about/agencies/oga/about-oga/what-we-do/visitor-exchange-program/supplementary-b-clinical-care.html .

April 2017 Department of State Visa Bulletin

March 10, 2017

The US Department of State released the April 2017 Visa Bulletin. Find the Visa Bulletin, with priority dates for family-based and employment-based visas, at https://travel.state.gov/content/visas/en/law-and-policy/bulletin/2017/visa-bulletin-for-april-2017.html.

AILA New England Conference

January 30, 2017

As a member of the American Immigration Lawyers Association (AILA), I benefit from a wonderful, smart community of immigration lawyers in the New England Area. Each month our AILA chapter has a meeting on a timely topic, and each year, the chapter hosts an amazing conference. I am excited to attend this year’s conference on March 3. At the conference, I look forward to hearing from government officials about new policies and practices under the new administration.

The conference agenda is available at https://www.ailane.org/assets/cms/files/2016-2017/2017%20Conference/14th%20Annual%20AILA%20NE%20Conference%20Agenda%20(2016.12.15).pdf

USCIS Finalizes New Guidance for Extreme Hardship

October 28, 2016

USCIS finalized new guidance for “extreme hardship.” This standard is applied to many immigration processes, but most commonly to Form I-601 and Form I-601A. The guidance provides a long list of factors to consider when trying to prove extreme hardship to the qualifying relative.

You can find the guidance on the USCIS website.

I-601A Waiver Expanded to Include

August 17, 2016
What does the I-601A Waiver Do? The I-601A waiver helps someone avoid being barred from re-entry from the United States after she departs the US. Someone would be barred from re-entering the US for 3 years or 10 years if she had been present in the US for more than 180 days (3 years) or one year (10 years). This means that someone who is not eligible to get a green card in the US can apply for an I-601A waiver, get it approved, leave the US, and re-enter the US with the green card–without waiting 3 or 10 years outside the US. 
 
What Does the Expansion of the Waiver Do? USCIS expanded eligibility of the I-601A waiver to those who are statutorily eligible for an unlawful presence waiver under INA Sec. 212(a)(9)(B)(v). This means that if the green card applicant can demonstrate extreme hardship to a U.S. citizen or LPR spouse or parent, she may apply for and receive a provisional waiver, whether the basis for the immigrant visa is an employment-based preference category, a family-based preference category, the diversity visa lottery, or a special immigrant classification.
Can I Apply for the I-601A Waiver Now? It is important to speak with an immigration attorney to discuss whether you are statutorily eligible for the waiver and whether the facts of your case make it likely that you will be granted the waiver.
See AILA’s recent fact-sheet about the I-601A expansion.

Overworked Immigration Courts: New All-Time High Hearing Wait Times

September 23, 2015

According to the very latest information (end of August 2015) obtained from the U.S. Department of Justice, there is a backlog of 456,644 cases pending before the judges in the nation’s Immigration Courts. This means the court backlog has increased by more than 100,000 cases from the 344,230 that were pending at the beginning of FY 2014.

The average wait time for an individual in the Immigration Court’s pending cases list has also reached an all-time high of 635 calendar days. But this average wait time only measures how long these individuals have already been waiting, not how much longer they will have to wait before their cases are resolved.

For detailed information on the hearings scheduled and wait times by hearing location, please visit TRACImmigration.

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