CLES LYNEDA, P.A.

Secretary Mayorkas Designates Afghanistan for Temporary Protected Status

Wed, 16 Mar 2022 14:43:00 GMT

WASHINGTON— The Department of Homeland Security (DHS) today announced the designation of Afghanistan for Temporary Protected Status (TPS) for 18 months. Only individuals who are already residing in the United States as of March 15, 2022, will be eligible for TPS.

“This TPS designation will help to protect Afghan nationals who have already been living in the United States from returning to unsafe conditions,” said Secretary Alejandro N. Mayorkas. “Under this designation, TPS will also provide additional protections and assurances to trusted partners and vulnerable Afghans who supported the U.S. military, diplomatic, and humanitarian missions in Afghanistan over the last 20 years.”

Secretary Mayorkas is designating Afghanistan for TPS on the statutory basis of ongoing armed conflict and extraordinary and temporary conditions that prevent the country’s nationals from returning in safety. Armed conflict that poses a serious threat to the safety of returning nationals is ongoing in Afghanistan as the Taliban seeks to impose control in all areas of the country and Islamic State-Khorasan (IS-K) conducts attacks against civilians. Extraordinary and temporary conditions that further prevent nationals from returning in safety include a collapsing public sector, a worsening economic crisis, drought, food and water insecurity, lack of access to healthcare, internal displacement, human rights abuses and repression by the Taliban, destruction of infrastructure, and increasing criminality.

Through Operation Allies Welcome, most Afghan nationals who arrived as part of the evacuation effort were paroled into the United States on a case-by-case basis, for humanitarian reasons, for a period of two years and received work authorization. These individuals may also be eligible for TPS. Additional information about registering for TPS can be found at Temporary Protected Status | USCIS.

TPS will apply only to those individuals who are already residing in the United States as of March 15, 2022, and meet all other requirements, including undergoing security and background checks. Those who attempt to travel to the United States after March 15, 2022, will not be eligible for TPS.

The 18-month designation of TPS for Afghanistan will go into effect on the publication date of the forthcoming Federal Register notice. The Federal Register notice will provide instructions for applying for TPS and an Employment Authorization Document.

https://www.uscis.gov/newsroom/news-releases/secretary-mayorkas-designates-afghanistan-for-temporary-protected-status

Permanent residence in case of petitioner’s death

Thu, 10 Mar 2022 18:22:00 GMT

Can someone obtain permanent residence in case of petitioner’s death? Under INA§ 204 (l), a beneficiary may still obtain permanent residence if:

Special Notice

Remember INA 204(l) does not limit or waive any other eligibility requirements or adjustment bars that apply, other than the requirement for a petitioner or principal beneficiary. Therefore, the beneficiary must have been eligible to apply for adjustment at the time of filing and at final adjudication. In addition, the beneficiary must be admissible. Furthermore, a visa must be available, if applicable. Lastly, the beneficiary must not be barred from adjusting status.

INA 204(l) does not automatically waive any ground of inadmissibility that may apply to an adjustment applicant. The applicant must be admissible, or must obtain a waiver of inadmissibility or other form of relief available, before adjustment may be granted.

If the petitioner dies, the applicant typically must obtain a substitute sponsor to continue to be eligible for adjustment of status. A substitute sponsor is needed even if the deceased petitioner has completed the Affidavit of Support.

However, the death of the principal beneficiary has no bearing, by itself, on the sufficiency of the Affidavit of Support. In these cases, if the Affidavit of Support has not been filed but is required, then the original petitioner must still file an Affidavit of Support for the derivative applicants to be able to adjust.

The Oath of Allegiance, A Glance through its History

Tue, 08 Mar 2022 18:50:00 GMT

Do you know that the Oath of Allegiance has led to American citizenship for more than 220 years.?

The Naturalization law in 1790 required a declaration of intention

Since the first naturalization law in 1790, applicants for naturalization have taken an oath to support the Constitution of the United States. Five years later, the Naturalization Act of 1795 required an applicant to declare an intention to become a U.S. citizen before filing a Petition for Naturalization. In the declaration of intention the applicant would indicate his understanding that upon naturalization he would take an oath of allegiance to the United States and renounce (give up) any allegiance to a foreign prince, potentate, state, or sovereignty. Applicants born with a hereditary title also had to renounce their title or order of nobility.

Before 1906, courts had not set rule on how to administer the Oath of Allegiance

Prior to 1906, naturalization courts had little or no guidance on how to apply or administer the law. The law did not include an exact text for the oath. It stated only that an applicant:

“…shall…declare, on oath…that he will support the Constitution of the United States, and that he absolutely and entirely renounces and abjures all allegiance and fidelity to every foreign prince, potentate, state, or sovereignty; and, particularly, by name, to the prince, potentate, state, or sovereignty of which he was before a citizen or subject; which proceedings shall be recorded by the clerk of the court.”

Before 1906, there were as many as 5,000 courts with naturalization jurisdiction. Each court could develop its own procedures for administering the oath. Some courts simply documented that applicants swore an oath. Other courts chose to write and print their own text for the oath, which the applicant would read at the final hearing.

In 1905, a Presidential Commission on Naturalization studied naturalization in the United States. They found that U.S. naturalization courts lacked uniformity. They recommended classifying and summarizing naturalization laws into a code (re-codification), the creation of a federal agency to oversee naturalization procedures, and standard forms for all U.S. naturalizations, including a form for the oath of allegiance.

The Basic Naturalization Act of 1906 added the requirement to defend the Constitution to the Oath of Allegiance

The Basic Naturalization Act of 1906 implemented many of the Commission’s recommendations. However, it did not mandate a separate form for the oath of allegiance. Instead, the new Declaration of Intention form and Petition for Naturalization form included some of the substance of the oath. At the final hearing the applicant still recited a spoken oath adapted from the law. In 1906 the Basic Naturalization Act also added the section of the oath requiring new citizens to defend the Constitution and laws of the United States of America against all enemies, foreign and domestic; and bear true faith and allegiance to the same.

In 1929, an official standard text for the Oath of Allegiance appeared in the regulations

An official standard text for the oath of allegiance did not appear in the regulations until 1929. The regulation said that before a naturalization certificate could be issued, the applicant should take the following oath in court:

I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, State, or sovereignty, and particularly to __________ of who (which) I have heretofore been a subject (or citizen); that I will support and defend the Constitution and laws of the United States of America against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I take this obligation freely without any mental reservation or purpose of evasion: So help me God. In acknowledgment whereof I have hereunto affixed my signature.

This regulation introduced a signed oath with standardized language. There was still no separate, federal form for the oath. It was most likely printed on the back of the application form.

The Immigration Act of September 23, 1950 added some more requirements to the Oath of Allegiance

The Immigration Act of September 23, 1950, added text to the oath of allegiance about bearing arms on behalf of the United States when required by the law; and performing noncombatant service in the armed forces of the United States when required by the law. Under current law, an applicant opposed to bearing arms or performing noncombatant service because of his or her religious training and beliefs is exempt from taking the full oath of allegiance.

The Immigration and Nationality Act of 1952 added a new section to the Oath of Allegiance

In 1952, the section of the oath of allegiance about performing work of national importance under civilian direction was added. It is the last major addition to the oath of allegiance as it appears today.

Expedited Naturalization for Military Spouses

Tue, 08 Mar 2022 17:57:00 GMT

Expedited naturalization for military spouses under INA 319(b)

Spouses of U.S. citizen service members who are (or will be) stationed outside the United States may be eligible for expedited naturalization.

To apply for naturalization under INA 319(b), you generally must:

18 years old or older;
Establish your spouse is a U.S. citizen who is, or will be, regularly stationed abroad as a U.S. service member for a period of one year or more;
Be authorized to accompany your spouse abroad by your spouse’s official orders;
Be present in the U.S. as a lawful permanent resident at the time of your naturalization application interview;
Be present in the U.S. at the time of naturalization;
Declare in good faith upon naturalization an intent to reside abroad with your U.S. citizen spouse and to reside in the U.S. immediately upon your spouse’s termination of service abroad;
Be able to read, write, and speak basic English;
Have a basic knowledge of U.S. history and government (civics); and
Have been, and continue to be, a person of good moral character;
Be attached to the principles of the U.S. Constitution as well as well-disposed to the good order and happiness of the U.S. during all relevant periods under the law.

Welcome to our new website!

Tue, 02 Jan 2018 05:41:00 GMT

Published: January 1, 2018

Category: Firm News

Welcome to our new website! This site has been professionally designed to be responsive and mobile friendly, so it looks great and is accessible no matter what type or size of device you are using.

Our new website also has an integrated Client Portal, meaning you are able access your case documents, correspondence and calendars directly from our website!

If you have any questions, don’t hesitate to contact us today .