USCIS has just announced the designation of Syria for TPS or Temporary Protected Status. The dates for registration and actual procedures have yet to be announced but it is anticipated to be published very soon in the Federal Register. We will post more information regarding TPS for nationals of Syria once it becomes available.
There is a new Board of Immigration Appeals precedential case regarding adjustment of status under 245(i). The case is Matter of Svetislav, 25 I&N Dec. 717 (BIA 2012). Anyone applying for adjustment of status under section 245(i) certainly needs to read this opinion, as it deals with the subject of grandfathering and more specifically, the issue of derivatives being grandfathered. In this particular case, the respondent was trying to apply under 245(i) as a derivative of his wife, who was the beneficiary of an I-130 filed on December 1, 1999. In a nutshell, the Board remanded the case to the Immigration Judge to determine whether the principal beneficiary--the wife--satisfied the physical presence requirement laid out by INA 245(i), namely, whether she was physically present in the US on December 21, 2000. The holding essentially concludes that in order for a person to adjust status under 245(i) as a derivative grandfathered alien, it must be shown that the principal beneficiary satisfies the grandfathering requirements, which in some cases means demonstrating physical presence as per INA 245(i)(1)(C).
Last year, Georgia passed extremely anti-immigrant legislation in the form of HB87. Under the Georgia Illegal Immigration Reform and Enforcement Act of 2011, it is considered a crime to transport as well as harbor undocumented people. The law, patterned after Arizona's notorious anti-immigrant law, imposes monetary penalties as well as incarceration under certain conditions. Perhaps not surprisingly, The American Educational Research Association recently made a decision to move its 2013 conference from Atlanta to San Francisco, California. After much controversy, AERA 's executive board decided it was best to move the conference to prevent involvement of their members in what might be considered criminal behavior. Furthermore, moving the conference would uphold their values of equity, equality, and transparency. Participants would continue to feel welcome and undocumented students would not be discouraged from attending out of fear. In light of the situation, this appears to be a smart, justifiable decision.
As we informed you last year, there is a new detention facility in New Jersey. The Delaney Hall Detention Facility is located at 451 Doremus Avenue in Newark, New Jersey. For concerned friends and family members, visitation hours are as follows: