January 24, 2012

USCIS has published a training manual that will provide its officers with guidance on adjudicating lesbian, gay, bisexual, transgender, and intersex refugee and asylum claims.

Avowing its objectives of consistency and increased awareness of issues faced by sexual minorities, the manual is intended for interviewing officers of USCIS. The manual guides interviewers through proper and sensitive ways to elicit information during interviews.

Immigrant Law Group is reviewing the training manual and is pleased that USCIS will be providing its officials with training on this important topic. ILG has won several asylum cases based on sexual orientation and gender identity.

January 6, 2012

USCIS has announced its intent to change the policy for the filing and processing of certain unlawful presence waivers. The proposed change would apply to individuals seeking permanent residency through immediate relatives who are United States citizens, enabling these individuals to file for provisional approval of their unlawful presence waiver before traveling outside of the United States for their consular interview.

“Finally!” says Stephen Manning, an attorney at Immigrant Law Group PC, “this is a change that we have advocated for a long time.” By allowing immediate relative waiver applicants to remain in the United States while their waivers are processed, the new policy would significantly reduce the amount of time these applicants are required to spend outside of the United States, and thus the amount of time they spend separated from their families and work. Applicants would travel outside of the United States for a consular interview only after a provisional approval of the waiver. Thus, in addition to reducing time spent waiting outside of the United States, the policy would also provide families with a clearer sense of what outcome to expect from the consular interview.

“We are disappointed that family members of lawful permanent residents are exluded from this new program,” Manning says. “While we applaud USCIS for taking this small step, they should take the bigger step and include all individuals who are trying to get right with the law.” USCIS will publish additional details on the rules of this policy in the coming months, and implement a final version of the rule after this time. The policy will apply only to individuals who file for a waiver after publication of the final rule.

Life can be tough for high school students with pressure to fit in and succeed academically, socially, or on the sports field. Imagine how much more difficult it is for teen parents who live in immigrant communities where friends and family members don’t have legal status. On Tuesday December 7, Immigrant Law Group attorney Jessica Boell and legal assistant Shizuko Hashimoto traveled to North Clackamas High School to give a Beyond Know Your Rights Workshop to a classroom full of teenagers, eager to discuss immigration issues and get answers to questions they have about the DREAM Act and drivers licenses.

The students had been studying the history of immigration to the United States, particularly policies that discriminated against newly arrived immigrants. The Beyond Know Your Rights workshop covered topics including what to do if you are stopped by police. It also gave the students an overview of local organizing efforts to curb collaboration between local law enforcement agencies and Immigration and Customs Enforcement (ICE), which has contributed to increased deportation of people, many of whom simply lack identification and have not committed a criminal violation. Students were given, and encouraged to share, copies of a Know Your Rights with the Police booklet published by CASA de Maryland which outlines ways individuals can protect their constitutionally guaranteed rights when interacting with local police officers.

Students had plenty of questions during and after the workshop. Attorney Jessica Boell gave an update on the DREAM Act, which could have a positive personal impact on many of the students sitting in the classroom. She also offered short consultations for students to discuss their personal immigration cases in a confidential setting. Many students took advantage of this opportunity.

This week, the U.S. House of Representatives passed the DREAM Act, taking an important step toward bringing justice and humanity to the nation’s immigration laws.

The bill would allow undocumented immigrant students and members of the military who were brought here as children to apply for legal status in the United States. Currently, many promising students are blocked from pursuing higher education and fully participating in a nation where, in many cases, they have spent the majority of their lives. For many of these youth, the United States is the only country they know, and English the only language they speak.

The bill must now be passed in the Senate to become law. Immigrant Law Group supports the DREAM act because it is about justice for deserving young people who call this country home. Immigrant Law Group calls on the Senate to pass the DREAM Act, and allow the millions of inspired, ambitious youth to step out of the shadows and become fully productive members of our society. Our country is made greater by the work of foreign-born scientists, engineers, firefighters, laborers and any number of other hard working immigrants. The children brought here by no choice of their own must be given the chance to contribute to our society, following in our nation's history of greatness through immigrants.