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Attorney Brittany Thomas Faith was recently named a “2019 Rising Stars” for the Midsouth region for the third consecutive year.

The Law Firm of Grant, Konvalinka & Harrison P.C. (“GKH”) is proud to recognize the selection of one of their Directors, Brittany Thomas Faith, as a 2019 American Bar Association On the Rise – Top 40 Young Lawyers in America.

Two courts of appeals, Ramirez v. Brown, 852 F.3d 954 (9th Cir. 2017), and Flores v. USCIS, 718 F.3d 548 (6th Cir. 2013), have held that a grant of Temporary Protected Status (TPS) may make an individual eligible for adjustment of status. Both courts held, as a matter of statutory interpretation, that Congress intended TPS recipients to be considered “admitted” for purposes of INA § 245(a). Those who enter without inspection—such as the plaintiffs in both cases— generally are ineligible for adjustment under INA § 245(a).2 Pursuant to Ramirez and Flores, however, a grant of TPS status subsequent to the unlawful entry constitutes an inspection and admission, thus satisfying this § 245(a) requirement. The TPS statute, as interpreted in Ramirez and Flores, does not render a recipient eligible to adjust but rather provides only that the individual meets the one threshold requirement for adjustment.

Federal immigration authorities have recently formalized a policy to send deportation agents to federal, state and local courthouses to make arrests, dismissing complaints from judges and advocacy groups that it instills fear among crime victims, witnesses and family members. As such, people who are undocumented and people with lawful status with certain criminal convictions may be at risk of being detained and deported simply for attending their court hearings.

In an Order dated January 9, 2018, the U.S. District Court in California v DHS issued a nationwide injunction prohibiting the Trump administration from terminating the Deferred Action for Childhood Arrivals program (“DACA”) as it relates to renewals. The court ordered DHS “to maintain the DACA program on a nationwide basis on the same terms and conditions as were in effect before the rescission on September 5, 2017, including allowing DACA enrollees to renew their enrollments.” The administration has vowed to appeal and will likely seek to place this ruling on hold in the appellate court. Until that happens, however, the Order provides that DHS must accept certain DACA renewals as of today. The Order makes it clear, though, that DHS does not have to accept applications from individuals that have not previously filed for DACA.

The immigrant community across the U.S. are living in fear of what the Trump presidency may hold, but one community that is most affected are the “DREAMers.” President Barack Obama’s created the Deferred Action for Childhood Arrivals program (“DACA”) by Executive Action. More than 740,000 young people have been granted deportation reprieve and work permits under the program. These immigrants could now lose those protections, should Trump follow through on his promise to end President Obama’s immigration executive actions once he is sworn into office.

On November 8, 2016 Donald Trump (“Trump”) was elected to be the 45th president of the United States after making immigration one of his main platform points. Despite conveying an anti-immigration message, Trump’s campaign mostly lacked policy details. This lack of information has left immigrants and immigrant sympathizers nervous and afraid since his unexpected election.

Let's assume you are ready to file an application or petition with U.S. Citizenship and Immigration Services (CIS). What can you do to ensure that CIS approves your application?

• Consider contacting a licensed attorney that practices immigration law. Using an attorney gives you security that you have used the correct form, that the application is complete, is in proper order and is being sent to the correct CIS office, and that CIS can contact the attorney if there is a problem. An attorney can also save you lots of time dealing with CIS and the application process.
• Double check the form instructions to make sure you have included all required documentation and fully completed the application. Check www.immigration.gov to make sure you have the most recent forms and the correct fee amount.
• Double check your responses on the form. Make sure you have answered all applicable sections.
• Make a copy of your complete application.
• Prepare a cover letter listing your enclosures.
• Note that CIS likes you to indicate page numbers on your documents for certain forms.
• Check the form instructions or www.immigration.gov for the order of the enclosures.
• Send it via overnight delivery or certified U.S. mail, return receipt requested. That way, you have evidence of delivery.
• Complete and include form G-1145 if you would like an email indicating USCIS received your package.

For typical family-based immigrants attempting to obtain a green card, the petitioning relative must sign a form I-864 Affidavit of Support. By signing this Affidavit, the petitioner is agreeing with the U.S. Government that if the immigrant obtains federal governmental benefits, the government has the right to seek reimbursement from the petitioner. Note that this is only with regard to federal governmental benefits for the immigrant only, and does not include any state benefits. It also does not include any benefits received by the immigrant's family members. This agreement is in effect for the shorter period of (1) the immigrant becomes a U.S. citizen, (2) the immigrant dies, (3) the immigrant works 40 quarters (which would be 10 years straight employment), (4) the immigrant permanently leaves the U.S., or (5) the immigrant receives a green card based on a new Affidavit of Support. Note that divorce does not terminate the petitioner's obligations under the Affidavit of Support.

Last year, United States Citizenship and Immigration Services ("USCIS") announced the Provisional Unlawful Presence Waiver ("Provisional Waiver") in hopes of common sense reform that would assist families to stay together. Traditionally, when a relative of an immigrant who entered without inspection filed an immigration petition on his or her behalf, the immigrant would leave the country for the immigrant visa interview, be denied due to inadmissibility, and then file for waiver of the inadmissibility bar outside the U.S. With the traditional waiver, immigrants were left outside the U.S. in a sort of purgatory while waiting on a decision from USCIS.