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Tag: #deportación

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Get a Green Card without leaving the United States

If you dream of living and working in the United States, Adjustment of Status may be your path to achieving it. In this guide, we'll tell you the details and requirements to fulfill your American dreams.

What is Status Adjustment?
Adjustment of Status is a process that allows certain individuals already in the USA to apply for lawful permanent resident status without leaving the country. It is also known as applying for a Green Card. Below are the steps you must follow:

Who is eligible?
Not everyone is eligible to apply for Adjustment of Status. The main eligible groups are:

  • Holders of work visas.
  • Student visa holders.
  • People with Temporary Protected Status (TPS).
  • Asylum seekers and refugees.
  • Certain family members of U.S. citizens or permanent residents.

Here's what I'll tell you.

  • Verify that you are eligible for an Adjustment of Status process.
  • Submit an application.
  • Check visa availability.
  • Gather and present the necessary evidence.
  • Please attend your appointment at the Application Support Center.
  • Track your progress.
  • Wait for the response regarding your case.

Basic requirements
To be successful in your Adjustment of Status application, make sure you meet these requirements:

  • Maintain a valid and current immigration status in the United States.
  • Do not be in an illegal situation.
  • You have not committed serious crimes or serious immigration violations.
  • Have a sponsor (in certain cases) or an approved petition.

Process and Times
Patience is key in Adjusting Status. The process can take months or even years. But don't worry, during the process, you can work and live legally in the United States! 🕰️

Benefits of Status Adjustment

  • Living and working in the United States legally.
  • Access to social services and education.
  • Possibility of applying for citizenship after meeting the requirements.
  • Travel outside the United States without losing status (with travel authorization).

Final Recommendations
Before embarking on the process, consult with an immigration attorney to ensure you meet all the requirements and submit a strong application. Don't let obstacles stop you—pursue your American dreams!

We hope this guide has provided you with helpful information about Adjustment of Status in the United States. If you know someone who might benefit from this content, please share it!

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US states with anti-immigrant policies

During the last year, immigration policies have become stricter in order to control irregular migration, a situation that has led Texas, North Carolina and Florida to propose anti-immigrant laws.

Texas: HB20 Law
The new plan hopes to punish each undocumented crossing into Texas with fines of $10,000.
This law seeks to create a controversial border protection unit. It would allow civilians to join a group led by a chief appointed by the governor to "hunt" immigrants for deportation purposes.

North Carolina, HB10
In North Carolina, they are seeking to have agents and officials actively cooperate with Immigration and Customs Enforcement (ICE).
According to Stefania Arteaga, an activist with Carolina Migrant, in counties like Mecklenburg, an initiative similar to HB-10 called 287(g), which operated between 2006 and 2018, resulted in 15,000 people being placed in deportation proceedings. Two out of every three of those people had been arrested for minor offenses, such as traffic violations.

Florida, Law SB1718

Florida Governor Ron DeSantis signed SB1718 on May 10, 2023, the strictest law against illegal immigration, which includes:
Mandatory use of the E-Verify system by employers to verify the work authorization of employees.
Prohibition of the use of driver's licenses from other states by undocumented people.
Severe penalties for transporting undocumented immigrants to Florida.
Requirement for hospitals to collect information on patients' immigration status during registration.

Learn about the organizations that provide resources and support to migrants:
Several national organizations provide valuable resources and support to immigrants in the USA. Here are some examples:

  1. The National Immigration Law Center (NILC) is a leading organization advocating for the rights of low-income immigrants. The NILC website offers a variety of resources, including guides on immigration law, immigrant rights, and access to healthcare and education.
  2. The ACLU's Immigrants' Rights Project protects immigrants' rights, challenges discriminatory policies, and provides legal support.
  3. United We Dream is the largest immigrant youth-led organization in the country. They advocate for the rights and dignity of immigrant communities, with a focus on immigrant youth.
  4. The National Network for Immigrant and Refugee Rights (NNIRR) is a network of organizations and advocates committed to advancing the rights of immigrants and refugees. They work to challenge unjust immigration policies, promote immigrant rights, and support community initiatives.

Sources: Telemundo, Univision, Enlace Latino NC and La Noticia.

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Even without Title 42, the United States will continue deporting under Title 8

This May 11th, Title 42 will be repealed in the United States, a public health policy that allowed for the expedited expulsion of undocumented immigrants due to Covid-19.

Despite the end of Title 42, immigrants will continue to be deported under Title 8. According to this law, migrants will face more severe consequences for crossing the border illegally. People who cross the border without first requesting asylum will be expelled from the U.S.

Among the measures taken by the US is the installation of barbed wire fences in various parts of the border before Title 42 expires. In addition, Greg Abbott, Governor of Texas, ordered the deployment of more than 500 National Guard troops along the southern border of the state. He called the operation a "border tactical force" and intends to use it to curb illegal immigration.

According to the Department of Homeland Security, the number of deportees during the first half of fiscal year 2023 returned “225,480 people, up from 170,896 during the same period of the previous year,” and expelled “more than 440,000 people under Title 42 during the same period.”.

In the need to control a mass exodus, the USA stated that it will create special centers and offices in countries like Colombia and Guatemala, in order to contribute to the processes of family reunification and migration to the North American country in an orderly and legal manner.

The tension surrounding the new implementation of Title 8 has both the United States and Mexico in a state of uncertainty that can only be resolved on May 11 when Title 42 expires.

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38 migrants died in a fire at a detention center in Mexico

The tragic fire at the National Migration Institute (INM) facility on the border in El Paso, Texas, has claimed the lives of 38 migrants and left 28 injured. The INM is one of the main crossing points for migrants seeking to enter the United States.

According to José María Ramos, a researcher at El Colegio de la Frontera Norte, nearly 800,000 migrants have been detained by U.S. authorities so far this fiscal year, of which at least 60% pass through Ciudad Juárez, which has become the main crossing point for irregular migration between the two countries in the last five months.

Experts and activists say the intense influx of migrants has overwhelmed shelters and official immigration facilities in Ciudad Juárez, where nearly 12,000 migrants have been given refuge.

A similar situation is occurring in New York City, where some 44,000 migrants have been received, which is why it has been proposed to send these people to Canada.
According to Mexican civil society organizations, 2022 was the deadliest year on record for migrants in Mexico, with approximately 900 deaths while attempting to cross into the United States. The region is experiencing an unprecedented migration flow, with 2.76 million undocumented immigrants apprehended at the U.S.-Mexico border in fiscal year 2022.

Following these tragic events, we must await the information that the investigations will provide. It is crucial to acknowledge that the Mexican government was responsible for the safety of these migrants and should have had an emergency protocol in place to save their lives. This incident serves as a stark reminder of the urgent need for more comprehensive solutions to address the challenges faced by migrants seeking to enter the United States.

Sources: Telemundo, CNN en español

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Even without Title 42, they will continue to deport

Title 42 is a 1944 law that Trump recently used to expel immigrants from the US. This law empowers the federal government to take extraordinary measures to prevent the introduction of easily transmissible diseases into the country. Trump used this legislation to expel thousands of immigrants under the pretext of COVID-19.

After a long legal battle between Democrats and Republicans over the legality of this policy, Title 42 will expire this Wednesday, December 21. This represents a victory for the Democrats, but leaves a bitter taste for the immigration system.

With the end of Title 42, we return to Title 8, regulations that are more rigid and strict than 42. Under these regulations, people who enter irregularly must be interviewed by a border agent and demonstrate a "credible fear" of returning to their country
of origin.

The penalties for those who have entered the country illegally on repeated occasions are more severe. Furthermore, the situation is unclear for individuals who were removed under Title 42 and are now attempting to enter under Title 8, since removal under Title 42 is based on public health concerns, while removal under Title 8 is based on admissibility or inadmissibility under immigration law.

In other words, this means that deportations under Title 42 did not take into account a person's merits for remaining in the U.S. Therefore, the government could deport people to Mexico and make them wait there for their hearing, regardless of whether or not they had a strong asylum case. This discouraged many people from crossing irregularly.

With the end of this policy, the door is opened for thousands of immigrants to attempt to enter irregularly starting Wednesday. This is for two reasons: first, there is no mechanism to deport anyone who fails the credible fear interview; and second, those who were deported under Title 42 have not been deported under Title 8, which has a different standard.

Faced with the surge of migrants waiting to cross the border, the Biden team claimed to have increased resources for the area, improved application processing, imposed penalties for illegal entry, and targeted smugglers. Even so, the issue of immigration is a ticking time bomb that could explode at any moment.

News report compiled from: CNN and San Diego Union Tribune

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Deportation priorities, lack of immigration authority

Discussions have been underway since September 2021 the Biden administration's deportation priorities policy, which, They are focused on deporting any immigrant with a criminal record, NOT just any immigrant. that have entered through the border without posing a danger to society.

However, The Supreme Court will review a lawsuit from Texas and Louisiana to stop this policy. at the end of next month. According to Texas and Louisiana, Biden's deportation priorities are unconstitutional and do not follow standard legal procedures under American law.

For now, Biden's policy is blocked by the Court of Appeals, which means that Any immigrant who has entered illegally and does not have papers could be detained and deported.

Democrats believe that Citizenship and Immigration Services officers should assess an immigrant's overall situation and not just detain them for not having papers, but consider their criminal history and make a decision on the case.

What is expected from all this back and forth is that after these midterm elections that will take place this November, political parties can align themselves in favor of immigration reform that contributes to resolving this crisis.

In other words, it is expected that by the end of the year the arguments of both sides will be available and that the Supreme Court justices will decide whether or not to continue with this immigration guide.

News compiled from: Univision and San Diego Union Tribune.

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The number of Colombians detained in the United States reaches a record high

According to statistics, 19,040 people were arrested in May. That's 251 more than the previous month.

The arrest of Colombians trying to enter the United States through the southern border with Mexico has once again reached a record high and is now at its peak.

Last week, Customs and Border Protection (CBP) released figures for the month of May, documenting the arrest of at least 19,040 Colombians who surrendered to seek asylum or were apprehended while attempting to cross illegally.

Since these types of measurements have been tracked, this is the highest figure recorded. The previous record of this magnitude was in March, when 15,374 cases were documented, representing a 251% increase in arrests compared to the previous month.

Furthermore, 10,450 people were arrested during fiscal year 2021. In other words, in May 2022 alone, there were almost twice as many arrests of Colombian migrants as in the entire previous year.

Also, according to CBP statistics, Colombians rank fifth among countries with the highest irregular migration to the United States. The arrest table is as follows: first, Mexicans with 76,887; second, Cubans with 25,348; followed by Guatemalans with 21,382; and fourth, Hondurans with 19,490.

The causes of this massive migration are not specifically known, but it is estimated that it has occurred due to economic reasons left by the Covid-19 pandemic, or to supposed improvements in US migration policies, including the termination of Title 42.

Finally, in March of this year, and faced with the large number of migrants arriving in American territory, Washington signed an agreement with Colombia for the country to receive its nationals expelled through Title 42.

Since then, the U.S. has conducted more than 55 flights to expel approximately 5,000 Colombians.

News report based on information from: El Tiempo and El País.

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From November 29th, no immigrant can be deported for being undocumented.

According to the new deportation priorities regulations, as of today, November 29, 2021, no undocumented immigrant (non-citizen) may be deported for not having legal residency papers in the U.S.

Alex Gálvez, an immigration lawyer in Los Angeles, stated that the 60-day wait for the new regulation to take effect "avoids lawsuits from Biden's policy detractors, who insist on reinstating the 'zero tolerance' immigration policy" that criminalized undocumented stay between January 2017 and January 2021.

During the month of January, new deportation priorities were announced, which were halted by a Texas district judge in August in response to a lawsuit filed by the states of Louisiana and Texas, who alleged that Biden's immigration policy violated the Administrative Procedure Act (APA).

News taken from UNIVISION: https://bit.ly/3d0LuUH

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78,000 deportation case notices that were not fully processed in the U.S. will be resumed.

The United States will launch an operation to send court documents to 78,000 migrants who were not processed for deportation after crossing the U.S.-Mexico border without authorization this year.

The U.S. Immigration and Customs Enforcement (ICE) project, also known as "Operation Horizon," is designed to place tens of thousands of migrants who have agreed to ad hoc processing around the southern border into deportation proceedings. The agency will send the migrants "notices to appear," as well as other documents.

In most cases, migrants who are released after crossing the southern border, instead of being quickly deported or detained, are given "notices to appear," which require them to see an immigration judge who can order their deportation if they fail to appear for court appointments.

However, beginning in March, U.S. border officials stopped issuing notices to appear to tens of thousands of migrants who were released, citing limited resources due to a surge in migration. Instead, migrants received “notices to report” or instructions to appear at an ICE office in their respective destination within 60 days for further processing.

The notices sent to thousands of migrants have raised concerns among immigrant advocates who believe that many of the legal packages may be sent to addresses where the recipients no longer live, potentially leading immigration judges to order deportation due to missed court appointments.

That's why Nayna Gupa, associate director of policy at the National Immigrant Justice Center, asked ICE to issue and publish guidance requiring its prosecutors to demonstrate that migrants received notices to appear before proceeding with their deportation.

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Increase in “in absentia” deportation orders against immigrants

Around 173 immigrants received deportation orders between August and September 2021, which is 9 times more than the 20 orders issued between January and July of this year, according to court data.

Between January and May 2021, there were only one or two deportation orders issued in absentia per month, while in June, 14 were registered in these courts. However, in August there were 63 and in September 110 deportation orders. The San Francisco Chronicle warns that the figures for October may be similar.

These numbers have increased considerably because immigration judges in San Francisco, California, have increased the number of "in absentia" deportation orders issued against immigrants who failed to appear for their hearings, the Chronicle newspaper warned on Monday.

These decisions have generated several criticisms from immigrant advocates because deportation orders are being imposed on immigrants who did not receive court notifications because they were returned and categorized by the postal service as undeliverable, in addition to warning that the courts were notifying immigrants of hearings by sending mail to incorrect addresses.

According to the Transactional Records Access Clearinghouse (TRAC) at Syracuse University, the figures for fiscal year 2021 ended with a backlog of 1,457,615 cases awaiting resolution in U.S. immigration courts.

However, immigration attorney Fernando Romo told EFE that in some cases these deportation orders issued in absentia can be challenged in court. Among the grounds for reopening the case is the argument that the immigrant was never notified by the court.