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Status Change for Dummies

When you enter the United States and your original reason for coming changes, in those cases you can request to change your nonimmigrant status to a different status before your authorized stay in the United States expires.

A common example of Change of Status cases is when a person enters as a tourist and wishes to stay to study in the United States.

What requirements do you need to know to apply for the Change of Status process?

  • Having entered the USA legally.
  • Have a valid stay throughout the entire process.
  • Financial capacity to cover housing and study costs.
  • Demonstrate a strong connection to your country of origin.

How long can a Change of Status process take?

The average processing time is 8 to 14 months. During which you can remain in American territory.

When can you request to change your status?

Employment-based categories:
If you want to change your status to one of the following employment-based nonimmigrant categories, your prospective employer must submit the corresponding form, Nonimmigrant Worker Application, before your Form I-94 expires.

  • E-1 and E-2 (Traders and investors and employees of traders and investors) E-3 (Skilled professionals from Australia)
  • H-1B, H-2A, H-2B, or H-3 (Skilled or unskilled apprentices and temporary workers)
  • L-1A or L-1B (Intracompany Transferees)
  • O-1 or O-2 (Foreigners with extraordinary abilities)
  • P-1, P-2, or P-3 (Athletes and artists)
  • Q-1 (International visitors for cultural exchanges)
  • R-1 (Religious representatives)
  • TN-1 or TN-2 (Canadians and Mexicans under the North American Free Trade Agreement)
    Each of the categories mentioned above has its own specific limitations and requirements, and even limitations on the length of your stay in this country.

Other categories:
If you wish to change your status to one of the following nonimmigrant categories, you must submit Form I-539:

  • A (Diplomats and other government officials, immediate family members, and employees)
  • B-1 and B-2 (Visitors on business or leisure trips)
  • E-1 and E-2 (Dependents of traders and investors who have made treaties and
    your employees)
  • E-3 (Dependents of trained professionals from Australia)
  • F (Academic students and their dependents)
  • G (Foreign government officials, certain immediate family members and their employees)
  • H-4 (Dependents of skilled or unskilled temporary workers and apprentices)
  • L-2 (Intracompany transferees dependents)
  • M (Vocational students and their dependents)
  • N (Parents and children of certain persons who have been granted a special status of
    immigrant)
  • NATO (NATO representatives, officials, employees and immediate family members)
  • O-3 (Dependents of foreigners with extraordinary abilities and their assistants)
  • P-4 (Dependents of athletes and artists)
  • R-2 (Dependents of religious representatives)

Tips you should know

  • Even if it seems simple, it's best to get advice.
  • If you switch to F1, make sure you always use the same SEVIS number on your I-20 form.
  • If your application is denied, you will accumulate irregular presence from the expiration of your
  • I-94, I-20 or DS-2019 as applicable.

How can you do it?

News written from: USCIS

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Permanent Residence for Low-Income Migrants

In the year 2021 United States Citizenship and Immigration Services (USCIS) received an estimated 648,000 green card applications, and during the first half of 2022 the agency registered 280,000 new applications, a figure that is expected to improve with this new regulation that will make it easier for low-income immigrants to become permanent residents of the United States. 

The vast majority of immigrants who come to the USA are in search of a better life and aim to eventually achieve permanent residency, with the purpose of securing their legal future in the United States. 

However, The policies established in the Trump administration would have made the procedures and requirements for obtaining a 'green card' more difficult.’', expanding the number and types of government benefits used by some immigrants, which could make them ineligible for residency. Such as: food stamps, housing subsidies, or Medicaid health insurance.

What will the new measure be like?

Through this new regulation that will come into effect on December 23, 2022 The aim is to examine the situation of each particular case, analyzing the standards that establish when an immigrant is considered an economic burden on the country or a public charge.

An immigrant who falls into the “public charge” category will not be eligible for a Green Card or permanent residency. However, according to new regulations from U.S. Citizenship and Immigration Services (USCIS), The category is restricted to cases where it is “likely” that the migrant “will at some point depend primarily on the Government for their subsistence”.

Points to consider 

This measure Joe Biden's administration It seeks to control and curb the adverse effect that previous regulations had on immigrants. Many of them refused to accept benefits such as food stamps, housing subsidies, and Medicaid health insurance, for which they might have qualified, for fear of not having access to a Green Card that would secure their future in the country.

News written from: Telemundo, Infobae and Semana.

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Biden: ding ding and no lollipops

Did Biden back down?
The midterm elections will be held on November 8th*, and according to polls, Biden has a disapproval rating of 531%, revealing a frustration with his term, which could pave the way for Republican success.
*The US midterm elections measure the acceptance of the work done by the Joe Biden Administration in its first two years.

Taking Advantage
On the Republican side, inflation, which they blame on the current Democratic administration, the mismanagement of the economy, the immigration crisis, and Biden's health are the issues that opposition candidates emphasize to encourage voting against the Democrats.

What's at stake?
These elections serve as a barometer for public approval of the administration's performance during its first two years in office. Current trends suggest that the opposition party (Republicans) could regain control of the legislature in the midterm elections, providing a counterbalance.

Struggle for power
Democrats currently control the Executive branch and hold a majority in Congress. Should the balance of power shift, Republicans would retain a majority in Congress and the Supreme Court—two of the three branches of political power in the United States—for at least the next two years.

All or nothing
This means that the representatives elected by the people will decide whether Governor Joe Biden can get new laws passed or whether Republicans gain the ability to block the governor's initiatives for the rest of his term.

The highest bidder will win.
These elections will shape the political future of states, affecting decisions such as abortion, voting rights, and COVID-19. They will also set the stage for the 2024 presidential election.

This news story was created from: The New York Times, France24, and Voice of America

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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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Climate change, the death of humanity

The threat of natural and meteorological disasters motivates migration from Latin American and Caribbean countries in search of other ways to earn an income and meet basic needs.

What motivates them to migrate?
It is the droughts and floods, in addition to the lack of employment, low income, violence, crime, persecution and insecurity that motivate a high migration to American territory.

The reality of Latin America
It is confirmed that climate change is having an impact and will have an even greater impact on this region., where hurricane records will be broken, severe droughts will be suffered, sea levels will continue to rise and there will be more fires, according to the World Meteorological Organization's (WMO) 2020 State of the Climate in Latin America and the Caribbean Report.

According to research, Latin America and the Caribbean is one of the regions of the world most affected by climate change and external weather phenomena that are causing serious damage to the health, life, food, water, energy and socioeconomic development of the region, which contributes to migration.

Furthermore, weather-related events and their impacts cost more than 312,000 lives in Latin America and the Caribbean and They affected more than 277 million people in the last 20 years.

According to the Global Risks Report 2022, in Looking at a 10-year horizon, environmental risks are perceived as the 5 most critical long-term threats to the world. Classified as, 3 of the most serious threats are "failure of climate action", "extreme weather" and "loss of biodiversity".

The projections don't lie, and they highlight potential future problems that should be urgently addressed by those in charge, that is, humanity.

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Migration system collapsed. Are mass deportations coming to the USA?

The lack of coherence in the Biden-Harris administration's immigration policy will begin to take its toll.

According to figures, by the end of April the Immigration Case Review Office (EOIR) had accumulated more than 1.7 million cases and More than 580,000 migrants in a legal limbo without a clear immigration status.

Given the circumstances, the Biden-Harris administration, seeks to decongest the accumulated files accelerating the political asylum processes.

But four months after the first phase was implemented in Texas, and as the government prepares to expand it, experts warn that The rush puts thousands of migrants seeking asylum in the United States at risk.

In other words, with this decision Cases will be pushed through the judicial system at the expense of immigrants' rights.. According to experts*, the timeframes “excessively short” They are not enough for immigrants to gather and present evidence that corroborates their stories and fears. *American Immigration Lawyers Association (AILA) and the American Immigration Council in a report published on the Think Immigration website.

Likewise, it will grant temporary extraordinary powers to asylum officers from the United States Citizenship and Immigration Services (USCIS) to adjudicate these applications defensively, a power that until now only immigration judges had.

What the Biden-Harris administration is proposing in this new program is:

1. People at the border will be placed in expedited deportation and detention by ICE.

2. Credible fear interview, in detention and

3. Asylum Merit Interview (AMI) by USCIS.

Are these measures truly structural solutions for a collapsed and failed system? The lack of a serious and coherent legislative effort by the American Congress will take its toll on all immigrants.

Note compiled from: Univision and Hondudiario

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Mental health conditions suffered by migrants

Among the most common diseases found in migrants are:
anxiety, depression, post-traumatic stress disorder, substance abuse, and feelings of low self-esteem.

“Mental health conditions constitute a silent epidemic that has affected the Americas long before COVID-19, with depression and anxiety being two of the leading causes of illness. The Region of the Americas also has the second highest level of alcohol consumption in the world,” said Carissa F. Etienne, Director of the Pan American Health Organization.

Why do they suffer from these diseases?

It is the lack of employment, poor housing conditions, and traumatic events before, during, and after migration that lead to psychological distress.

According to research by the Pan American Health Organization (PAHO) and the World Health Organization (WHO), factors such as lack of language proficiency and unfair treatment by the host country may be triggering states of loneliness and isolation.

On the other hand, in the results of post-traumatic stress disorders The greatest impact has been observed on refugees and asylum seekers, yielding a 31,46% in people exposed to conditions of violence, family separation and administrative barriers, among others.

Furthermore, there is evidence to support that immigrants in the United States use and have alcohol dependence. For example, among the refugees of Iraq and Cambodia, the prevalence rate of alcohol consumption ranged between 13% and 38%. 

How can we contribute to the solution?

According to German Cardenas, professor of psychology at Lehigh University, «activism social justice serve as a "coping mechanism that It helps protect your mental health.«

Collective struggles increase self-esteem and personal effectiveness, thus creating solidarity and offering a social perspective, which contributes to healing or treating mental health illnesses.

News report based on information taken from: Summary of a review of scientific literature on Health of International Migrants of the Pan American Health Organization (PAHO) and the World Health Organization (WHO)

Schedule your initial consultation https://asisvisa.com/asesoria-1-a-1/  

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Climate emergency due to Hurricane Ian

The United States Citizenship and Immigration Services (USCIS) announced the closure of offices in much of the state of Florida due to the arrival of powerful Hurricane Ian, which made landfall on the peninsula's west coast on Wednesday as a major hurricane.

The federal agency said on its Twitter account that the hurricane's path "is affecting our operations in Florida" and asked those with pending paperwork or scheduled appointments to check the website to find out firsthand what changes may occur to their appointment due to the emergency. 

Similarly, on the website, USCIS warns that immigrants should stay tuned for updates because the information varies regarding "offices that are closed or have temporarily changed their hours.".

Due to the climate emergency, various measures have been taken and a range of aid programs have been activated for those affected by natural disasters and other unforeseen circumstances. Among the programs covered by this measure are changes to nonimmigrant status or extensions of nonimmigrant stay for individuals currently in the United States.

The Citizenship Service clarified that, if you do not request an extension or change before the expiration of your authorized admission period, "we can excuse you if the delay was due to extraordinary circumstances beyond your control"; everything must be accompanied by supporting documentation.

Additionally, the following are included:

  • If you have a scheduled appointment and USCIS offices are closed due to Hurricane Ian, the immigration service will reschedule it and notify you in about two to three weeks when you should appear to continue with your case. However, if you do not receive any notification, you should contact the agency and follow up on your case.
  • Also, if you were forced to change your address due to the hurricane, you should fill out Form A-411 as soon as possible and submit it, or call USCIS at 1(800) 3675-5283 to register your new address.

Finally, the agency said that if you need help, you should explain “how the impact of unforeseen circumstances, such as a natural disaster, created the need for the requested assistance.” If you lost all forms of evidence in an unforeseen circumstance, it is recommended that you include an explanation and supporting documentation to substantiate your request.

Climate emergencies are beyond human control. If you would like more information or guidance on how to access available assistance in this situation and avoid negatively impacting your immigration status, I invite you to learn about the services offered by AsisVisa. With us, you have a greater chance of achieving the American Dream legally and safely. If you have any questions…

Schedule your initial consultation https://asisvisa.com/asesoria-1-a-1/

News report based on information from: Univision

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The hell that migrants experience between the Darien Gap and the Rio Grande

To achieve the American dream, human beings have used different illegal routes, which allow some to fulfill their goal. 

They don't take into account whether it's jungle or river, they overlook the various dangers that lurk in places like these, men, women, children, all at the mercy of time. 

Throughout the year, numerous headlines have been published in various media outlets related to the Darien jungle, also known as "the green hell," where people from different countries arrive to begin their journey to the United States in search of better opportunities. 

Of the migrants in transit, 671% are Venezuelan nationals; Haitian, Ecuadorian, African, and Colombian citizens are also registered. According to the NGO Human Rights Watch (HRW), 23,000 Venezuelans crossed the Darién jungle in August of this year, an increase of 4,060% compared to the same month in 2021.

It is warned that people crossing the Darien Gap on their way to the U.S. are at risk of abuse, robbery, rape, human trafficking, kidnapping, and even death from natural causes. 

According to Panamanian immigration authorities, the flow of migrants through the Darien Gap has increased by 43% in 2022 compared to 2021.

The Darien Gap route is considered one of the most dangerous in the world. No one knows for sure how many people have died trying to reach the United States.  

On the other hand, there is the increase in the number of people drowning while trying to cross the Rio Grande, also seeking to enter U.S. territory. This year the numbers have reached unprecedented levels, and funeral homes and morgues are overwhelmed. 

In the Del Rio sector of the southern border, more than 376,000 migrant encounters have been recorded since October 2021, equivalent to about 1,100 per day, according to data from Customs and Border Protection (CBP). Across the entire border, 1.8 million encounters were reported during the past 11 months.

Many immigrants have died in that attempt to cross the river, and some who succeed are later detained. 

We understand that the situation is difficult for many people in Latin America. However, we want to encourage you not to despair, but to explore other options, legal solutions that do not put your life at risk. 

With AsisVisa, you have a better chance of achieving the American dream, legally and safely. If you have any questions…

 Schedule your initial consultation https://asisvisa.com/asesoria-1-a-1/

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

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Network that trafficked immigrants in inhumane conditions is busted

Eight people were arrested and are accused of transporting migrants from Colombia, Mexico and Guatemala in "inhuman conditions".

According to information released by the U.S. Department of Justice (DOJ), in conjunction with Immigration and Customs Enforcement (ICE), eight people were under the command of Erminia Serrano Piedra, known as “Boss Lady.” She led a human smuggling network that was dismantled this week by authorities in Alabama, Louisiana, Mississippi, and Texas. 

The agency revealed that the victims were citizens of Colombia, Guatemala, and Mexico. Some of the migrants were being transported in boxes and suitcases crammed into the back of tractor-trailers, pickup trucks, and even water tankers as part of their journeys to and through North America.

It is presumed that the drivers of these vehicles, in some cases, received up to $1,442,500 as payment for each passenger. Also, according to the Attorney General's Office, three properties and more than $1,442.2 million in cash were seized during the operation. 

The individuals arrested are accused of smuggling Latin Americans across the border in inhumane conditions. According to Kenneth Polite, assistant attorney general for the criminal division, the human smuggling organization allegedly "used methods to transport migrants that endangered their lives, as they were frequently held in enclosed, poorly ventilated spaces, without temperature control, and in conditions that put them at great risk." He added that they risked human lives in exchange for money.

The charges are the result of the Joint Task Force Alpha (JTFA) operation. Through JTFA, coordination and collaboration have increased between the Department of Homeland Security (DHS), the Department of Justice, and other agencies, as well as partners in El Salvador, Guatemala, Honduras, and Mexico.

The purpose of the special group is to identify the smuggling organizations with the greatest impact on the U.S. and to facilitate prosecution and extradition efforts. 

News report based on information from: El Diario and Caracol Radio.

Entering the United States legally, without risking your life, brings unparalleled peace of mind. With AsisVisa, you can do so safely and discover that immigrating is faster and easier than you thought. If you have any questions…

 Schedule your initial consultation https://asisvisa.com/asesoria-1-a-1/