Articles Posted in Undocumented

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Former President Donald J. Trump has launched his campaign for a second presidential term in 2024. His announcement creates important implications for immigration considering that he is likely to win the Republican nomination in the presidential race.

In this video attorney Jacob Sapochnick tells you all you need to know about his contentious new immigration plan, ahead of the election.

Overview

It is no secret that during his presidential term Donald Trump took a hardline stance on immigration which led to restrictive immigration policies that impacted thousands of immigrants and nonimmigrants worldwide.

As part of his presidential campaign, Trump recently unveiled his immigration proposals, including new measures that would create further challenges for immigrants to obtain visas to the United States. If he were to be re-elected to the office of the President, such measures would be concerning for people everywhere.

What are some of Trump’s immigration proposals if he were re-elected in 2025?

Among Donald Trump’s immigration proposals, he seeks to prioritize securing the U.S. border to prevent illegal immigration to the United States from Mexico, as well as passing a host of controversial policies limiting legal immigration.

Getting Tough on the U.S. Mexico Border

  • Trump proposes a naval blockade by the Coast Guard and U.S. Navy to stop drug smuggling boats in U.S.-Latin America waters.
  • Drug cartels would be designated as “unlawful enemy combatants,” which would allow U.S. military intervention in Mexico.
  • Completion of the Southern border wall which was part of his immigration agenda as President

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In this video, attorney Jacob Sapochnick answers one of your frequently asked questions: Can undocumented immigrants open their own business in the United States?

If you would like to know more about this topic, please keep on watching!

Overview

This is one of the most widely misunderstood topics of discussion in immigration. The answer is yes, any person whether documented or undocumented can start a business in the United States.

Individuals can form a Limited Liability Company (LLC) or any other corporate structure irrespective of their legal status in the United States. This is because the LLC or corporate entity is a separate entity from the individual. The LLC can obtain an Employer Identification Number, also known as an EIN from the Internal Revenue Service (IRS) for the purpose of tax administration. To obtain an EIN, the principal business must be located in the United States or U.S. territories, and the member applying for the EIN must have a valid Taxpayer Identification Number, such as a Social Security Number (SSN), Individual Taxpayer Identification Number (ITIN), or EIN.

However, if you are employed by the LLC or corporate entity without lawful authorization to work in the United States, you will be in violation of the law, however the business registration in and of itself is legal.

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In this video, attorney Jacob Sapochnick tells you everything you need to know about a brand-new government proposal seeking to issue national identification cards to undocumented immigrants as part of the “ICE Secure Docket Card Program.” Under the program, those who regularly cross the U.S. Mexico border, and those without legal status would be eligible to receive temporary identification cards, granting them access to their immigration files and information relating to removal court proceedings entirely online.

Did you know?

The Biden administration is planning to test the Secure Docket Card Program by first providing temporary I.D. cards to unauthorized immigrants who are still waiting for a final decision on their cases.

Want to know more about this exciting new proposal? Just keep on watching.

Overview

What is this new proposal all about?

The Biden administration has been busy working on a brand-new initiative to introduce a new national identification card specifically for the undocumented immigrant population. The program known as the “ICE Secure Docket Card program,” would initially grant temporary ID cards to migrants crossing the U.S./Mexico Border and then expand issuance to other types of immigrants without legal status in the United States.

What will the card include?

While the details of the pilot program are still being finalized, we know that the ID cards (known as Secure Docket Cards) will include the individual’s photo identification, biographical information including country of nationality, and contain a unique QR code that will allow the holder of the card to access immigration court information and immigration documents entirely online. This is an important step in helping modernize the immigration process, as well as making it easier for immigrants to obtain important information regarding their immigration process in the United States. The QR code will allow individuals to gain access to a portal where they can easily and conveniently update their information and check in with USCIS.

Additionally, individuals who did not previously possess a form of photo identification, can use the Secure Docket Card to access important state benefits such as health care, a driver’s license, housing, etc. The government is also calling upon the Transportation Security Administration (TSA) to allow travelers to use these cards as a form of identification when traveling by plane within the United States. It is also expected that the Secure Docket Cards will be made available to immigrants currently in detention.

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In this video, attorney Jacob Sapochnick shares recent legislation that would provide a pathway to permanent residency for certain undocumented immigrants that have resided in the United States for at least 7 years. We explain everything you need to know about this new proposal and how it might impact you.

Did you know? On July 20, 2022, several members of Congress introduced a proposed law, known as “Renewing Immigration Provisions of the Immigration Act of 1929,” that if passed would allow people who have been living in the US for at least seven years to be able to obtain their green card through “registry.”

Want to know more? Just keep on watching.

Overview

What is this bill about?

The proposed bill known as “Renewing Immigration Provisions of the Immigration Act of 1929,” introduced by Democrats Zoe Lofgren, Lou Correa, and Norma Torres, would change just one line of the Immigration and Nationality Act (INA) known as the “registry,” which was previously frozen since 1986.

“Registry,” is a section of immigration law that enables certain individuals who have been present in the United States for a specified period of time, the ability to apply for a Green Card (permanent residence), even if they are currently in the United States unlawfully.

To be eligible for a green card under the registry provisions, applicants must have entered the United States by a certain period of time, have continuously resided in the United States since entering, be a person of good moral character, and otherwise not be deportable or inadmissible to the United States.

The registry date under the Immigration and Nationality Act (INA) essentially functions as a sort of statute of limitations for illegal entry, allowing Congress to set arbitrary dates that determine which undocumented immigrants would be allowed to adjust their status to permanent residency inside the United States.

Congress first statutorily legalized the status of undocumented immigrants who arrived by 1921, then 1924, then 1928, then 1940 and finally 1972. No change in the law has been made since then. But now, Congressional democrats are seeking to adjust the registry date to open a pathway to permanent residency for millions of undocumented immigrants.

While this is only a proposal, that has not yet become law, the bill has the opportunity to create dialogue among both political parties in Congress. The first attempt at renewing the registry provisions came under the Biden administration’s Build Back Better Act, which unfortunately failed to gain enough support to become law.

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What is Temporary Protected Status and who can qualify for the program? In this video, attorney Jacob Sapochnick provides information about the Temporary Protected Status program including which countries have received a Temporary Protected Status (TPS) designation, how to register, and much more.

Did you know? Individuals who qualify for Temporary Protected Status (TPS) are allowed to lawfully live and work in the United States without fear of deportation, during the period of their country’s TPS designation (typically this is anywhere between 6 to 18 months depending on the country). To qualify for work authorization, individuals must file Form I-765 Application for Employment Authorization to request an Employment Authorization Document (EAD) from the US Citizenship and Immigration Services (USCIS). With the EAD, applicants can lawfully work in the United States. Additionally, TPS eligible nationals may qualify for travel authorization.

Want to know more? Just keep on watching.

Overview

What is Temporary Protected Status

Temporary Protected Status (TPS) is a special program made possible by the United States Congress that allows foreign nationals of certain countries that are considered unsafe, the right to live and work in the United States temporarily. TPS does not provide a pathway to citizenship, and instead is utilized by individuals from participating countries as a humanitarian solution because they cannot safely return to their home countries.

Under the program, the Secretary of Homeland Security is authorized to designate a specific foreign country for TPS if they determine that conditions exist in that country that prevent its nationals from safely returning to their countries of origin.

The Secretary may designate a country for TPS if any of the following temporary conditions exist in the foreign country:

  • Ongoing armed conflict (such as civil war)
  • An environmental disaster (such as earthquake or hurricane), or an epidemic
  • Other extraordinary and temporary conditions

In order to participate in the TPS program, you must:

  • Be a national of a country designated for TPS, or a person without nationality who last habitually resided in the designated country;
  • File during the open initial registration or re-registration period for your country, or meet the requirements for late initial filing during any extension of your country’s TPS designation;
  • Have been continuously physically present (CPP) in the United States since the effective date of the most recent designation date of your country announced by the Department of Homeland Security; and
  • Have been continuously residing (CR) in the United States since the date specified for your country.
  • Pass the necessary security and background checks.

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Welcome back to Immigration Lawyer Blog! In this video, attorney Jacob Sapochnick discusses an exciting new procedure for individuals arriving at the United States border to apply for asylum, specifically with respect to those asylum seekers who are subject to expedited removal.

Want to know more? Keep on watching for all the details.

Overview

What is Asylum?

Asylum is a form of protection which allows an individual to remain in the United States instead of being removed to a country of feared persecution. To apply for asylum in the U.S., individuals must file the required application, form I-589, and submit it with the appropriate documentation within one year of arriving to the United States. To be successful, individuals must establish that they have suffered persecution or fear that they will suffer persecution based on their race, religion, nationality, membership in a particular social group, or political opinion.

Under current immigration law, individuals applying for defensive asylum at the border (meaning that they do not have a valid visa at the time of entry) are detained by the United States Customs and Border Protection (CBP) and become subject to removal proceedings. Once an immigration hearing is scheduled, the asylum seeker is given the opportunity to make his or her case for asylum before an immigration judge.

Currently, the defensive asylum process is taking over 7 years to complete in the United States, including the required scheduling of a hearing before an immigration judge.

New Interim Final Rule

To streamline the defensive asylum application process at the border, the Biden administration recently published a new interim final rule in the federal register entitled, “Procedures for Credible Fear Screening and Consideration of Asylum, Withholding of Removal, and CAT Protection Claims by Asylum Officers.”

Under the new interim final rule, released on March 29, 2022, the Biden administration seeks to overhaul the current defensive asylum system to drastically reduce backlogs in the immigration courts and improve filing procedures.

The final rule proposes sweeping changes to current asylum law including allowing asylum claims to be heard and evaluated by United States Citizenship and Immigration Services (USCIS) asylum officers instead of immigration judges.

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Welcome back to the Immigration Lawyer Blog! It’s the start of a brand-new year and as always, we at the Law Offices of Jacob J. Sapochnick, are committed to bringing you the latest in immigration news. We are happy for you to join us.

In this video, attorney Jacob Sapochnick shares his top predictions for U.S. immigration in the new year. In this blog post we cover the following topics: What will happen to visa processing during the COVID-19 pandemic? Will there be immigration reform in the new year? Will any new changes be made to the H-1B visa program? What about fee increases? Stay tuned to find out more.

Overview

What are some of our key immigration law predictions for the upcoming year?

Increase in Filing Fees for USCIS petitions and DOS Non-Immigrant Visa Fees

Our first prediction for the new year is an increase in filing fees at both the USCIS and Department of State levels, to help increase government resources during the ongoing COVID-19 pandemic. As you might recall, back in October of 2020, USCIS attempted to increase its filing fees to meet its operational costs. Among the petitions that were to be the most impacted were N-400 applications for naturalization, L visa petitions, O visa petitions, and petitions for qualifying family members of U-1 nonimmigrants.

Fortunately, in September of 2020, a federal court struck down the planned USCIS increase in fees arguing that the new fee increases would adversely impact vulnerable and low-income applicants, especially those seeking humanitarian protections.

We believe that early in the new year USCIS will again publish a rule in the Federal Register seeking to increase its fees to help keep the agency afloat. USCIS previously insisted that the additional fees were necessary to increase the number of personnel at its facilities to meet the increasing demand for adjudication of certain types of petitions. It is no secret that USCIS has experienced severe revenue shortfalls since the start of the pandemic as more and more families found it difficult to afford filing fees. Once those details have been made public we will provide more information right here on our blog and on our YouTube channel.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses the latest in immigration reform. Over the past few months, Democrats have been scrambling to pass immigration reform through a series of social spending proposals included in President Biden’s Build Back Better Act, a piece of legislation that would shield Dreamers, TPS holders, farm workers, and essential workers from deportation.

Want to know more? Just keep on watching.

Overview

For a third time the Democrats have tried and failed to introduce comprehensive immigration reform proposals in the reconciliation bill known as H.R. 5376 “the Build Back Better Act.”

What happened?

On December 16, 2021, the Senate Parliamentarian, Elizabeth MacDonough, rejected the most recent proposal by Democrats in Congress to introduce important protections for undocumented immigrants including Dreamers, TPS visa holders, farm workers, and essential workers. H.R. 5376 also included provisions that would extend work permits, provide temporary relief from deportation for undocumented immigrants who came to the United States before January 2011, and other provisions that would exempt certain employment-based and family-based immigrants from the numerical limitations prescribed by the Immigration and Nationality Act.

The Senate Parliamentarian quickly shot down the new proposals, stating that Congressional Democrats could not include a pathway to citizenship for undocumented immigrants in a social spending bill. Further, MacDonough indicated that if passed, the proposal would create a new class of about 6.5 million eligible individuals for permanent residency which was already prohibited in the previous two rejected proposals. She added that the most recent proposal by Democrats was deficient in the same way as the previous proposals stating, “there are substantial policy changes with lasting effects just like those we previously considered and outweigh the budgetary impact.”

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses a major new development in immigration law: H.R. 5376, the Build Back Better Act was passed by the U.S. House of Representatives on November 19, 2021 and will now move to the U.S. Senate for consideration.

In this blog post, we break down all the major immigration provisions of the Build Back Better Act, including the introduction of new fees that will apply to certain categories of immigrants to request a waiver of the numerical limitations under the law.

Want to know more? Just keep on watching.

Overview

What are the major immigration provisions of the Build Back Better Act?

If passed section 60001 of the House bill would amend certain provisions of the Immigration and Nationality Act and open a path to permanent residency for four classes of immigrants allowing them to adjust their status to permanent residence (a green card). To be eligible, applicants would be required to pay a supplemental fee of $1,500, have no criminal background, and have no inadmissibility issues.

Under the bill, the following individuals would be eligible to apply for permanent residency:

  1. Dreamers: young undocumented immigrants brought to the United States as children before 2007, who have continuously resided in the United States, gone to school, and who otherwise have no criminal record
  2. Essential Workers: The Act would also extend an opportunity to individuals in our workforce who have played an essential role in our society, especially throughout the COVID-19 pandemic, such as health care workers, energy and transportation workers, public works employees, and manufacturing workers, among others.
  3. Temporary Protected Status recipients: recipients of Temporary Protected Status would also be eligible to apply for permanent residency. Temporary Protected Status is a temporary designation given to eligible nationals of designated countries affected by armed conflict or natural disaster. The TPS designation allows recipients to live and work in the United States on a lawful temporary basis
  4. Deferred Enforcement Departure applicants: those who have received a grant of Deferred Enforced Departure would also be eligible to apply for permanent residency. Deferred Enforced Departure (DED) (formerly Extended Voluntary Departure) is a form of relief from removal that allows certain individuals from designated countries and regions facing political or civic conflict or natural disaster to live and work in the United States on a lawful basis.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses a new court ruling blocking the issuance of initial DACA applications and what this ruling could mean for the future of comprehensive immigration reform. What can we expect to see from Congress regarding the legalization of undocumented young Americans moving forward?

Stay tuned to find out more.

Overview

On Friday, July 16, 2021, a federal judge from the United States District Court for the Southern District of Texas, granted a permanent injunction against the DACA program, which essentially halts the processing of new first-time applications under the program. The permanent injunction however does not prevent the filing of DACA renewals by those who are already receiving benefits under the DACA program. It also does not have any negative impact on DACA benefits already issued under the program such as deferred status, employment authorization, and advance parole.

Why is this ruling significant?

The judge’s recent decision is significant because it may lead to the beginning of a long battle toward achieving comprehensive immigration reform.

As you may recall, the DACA (Deferred Action for Childhood Arrivals) program came about by Executive Order during the Obama administration in 2012. Since then, the DACA program has allowed nearly a million young immigrants to remain in the United States, to live, study, and work as productive members of our society. It has been 9 years since the start of this program, and Congress still has not acted to provide a pathway to citizenship for Dreamers.

The uncertainty surrounding the program and its constant upheaval in courts across the country has led many young immigrants to question whether they can continue to call America, home.

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