Vega & Associates, PLLC

01/24/2025

Expansion of the Expedited Removal Authority -

On January 21, 2025, the Department of Homeland Security (DHS) issued a notice titled "Designating Aliens for Expedited Removal," which broadly expands the authority and the location for issuance of expedited removal orders to non-citizens.

11/08/2024

UPDATE on Biden's Parole-In-Place Program -

On November 07, 2024, U.S. District Judge, J. Campbell Barker, issued a ruling halting the Biden administration program referred to as Keeping Families Together Program ("KFTP") or Family Unity Parole in Place (PIP). Judge Barker concluded that the Biden administration overstepped its authority, ass...

11/06/2024

Trump Wins 2024 U.S. Presidential Election - https://mailchi.mp/eae39ce1415b/new-immigration-reform-8329482

09/19/2024

Automatic Extension of Green Card for 3 years

Effective Sept. 10, 2024, U.S. Citizenship and Immigration Services will automatically extend the validity of Permanent Resident Cards (also known as Green Cards) to 36 months for lawful permanent residents who file Form I-90 (Application to Replace Permanent Resident Card) to renew an expiring or expired Green Card.
The I-90 receipt notice can be presented with an expired Green Card as evidence of continued lawful permanent resident status.

09/05/2024

The latest activity in State of Texas et al. vs. USDHS et al.

On September 4, 2024, District Court Judge J. Campbell Barker of the Eastern District of Texas denied a motion by USDHS to lift the court’s order imposing a 14-day, temporary stay and injunction.

The court instead ordered “temporary, injunctive relief to preserve the status quo pending prompt review of [the] agency’s action” by staying the issuance of parole under the rule, but not the agency’s acceptance and review of applications for that benefit.

The court also extends its temporary stay and restraining order for an additional 14-day period, such that it expires at the end of September 23, 2024.

In essence, USCIS is temporarily prevented from issuing parole (PIP) but not from receiving and reviewing applications for that relief.

The federal court announced that a hearing on the facts and the law will be set “on an even more accelerated schedule than previously anticipated”.

The bench trial has in fact been scheduled for September 18, 2024, at 9:00 a.m. in Tyler, Texas.

06/18/2024

Today (June 18, 2024) DHS announced a new immigration process that could benefit certain noncitizen spouses of U.S. citizens to apply for lawful permanent residence without having to leave the United States. DHS estimates that hundreds of thousands of immigrants living in the U.S. without legal status may be eligible to adjust status with USCIS in the U.S.

DHS will establish a new process to consider, on a case-by-case basis, requests for certain noncitizen spouses of U.S. citizens:

• who have lived in the United States for 10 years or more as of JUNE 17, 2024.
• who have a legal marriage to a U.S. citizen as of JUNE 17, 2024
• do not pose a threat to public safety or national security.
• are otherwise eligible to apply for adjustment of status.
• and merit a favorable exercise of discretion.

Further instructions will be issued and published later this summer in the FEDERAL REGISTER.

06/05/2024

UNDERSTANDING THE TN VISA - KEY REQUIREMENTS AND BENEFITS

If you are an employer looking to hire professional employees from abroad, then the TN Visa might be the pathway to your staffing needs. In this post, we’ll dive deep into the TN Visa program, outlining its key requirements and the numerous benefits it offers.

What is the TN Visa?
The TN Visa is a non-immigrant visa program that offers U.S. employers the opportunity to hire foreign professional personnel from Canada or Mexico.

Definition and Purpose
The TN Visa allows eligible individuals to enter the U.S. for the primary purpose of performing professional services on behalf of a business in the U.S. This visa is particularly beneficial for those employers who wish to immediately obtain professional personnel without waiting for a mandatory prevailing wage from DOL. In addition, the TN is not subject to an annual quota limitation that is currently hampering the H-1B program.

Eligibility Criteria for TN Visa Applicants
To qualify for a TN Visa, applicants must meet specific eligibility criteria, which include:

Treaty Country Citizenship: TN Visas are available only to nationals of Canada and Mexico. These two countries have signed an agreement with the U.S. to create a trilateral trade bloc. The TN benefits are not available to nationals of other countries.

Job Offer: The U.S. employer must extend a valid bona fide job offer in an eligible profession, and the employer must be willing to sponsor the TN visa.

Eligible Professions:
The TN visa is available for individuals engaged in specific professional occupations listed in the NAFTA treaty ( now the USMCA). These occupations generally require at least a bachelor's degree or appropriate credentials. The link below includes the eligible TN occupations: https://lnkd.in/gA6fCTvv

Education and Credentials:
The educational and/or professional credentials of the applicant must meet the requirements for the specific profession. Most TN-eligible professions require at least a bachelor's degree, although some may have different educational or licensing requirements.

Duration of Stay:
Initially, TN visa holders can be admitted to the U.S. for up to four years, with extensions possible in increments of up to three years. Unlike some other non-immigrant visa categories, there is no maximum limit on the total duration of stay for TN visa holders.

Renewal and Extension:
TN visa holders can apply for extensions or renewals as long as they continue to meet the requirements for the visa category.

Employer Requirements:
Employers seeking to hire a foreign national under the TN visa category must provide evidence of the applicant's qualifications, offer terms, and compliance with TN visa regulations.

https://web.archive.org/web/20151025031526/http://canada.usembassy.gov/visas/doing-business-in-america/professions-covered-by-nafta.html

The following professions are covered by Appendix 1603.D.1 of the North American Free Trade Agreement. For more information on obtaining a TN Visa, please consult the relevant section of this website.

05/24/2024

The willingness of America's veterans to risk their lives for our country has earned them our respect and lasting gratitude. For all your sacrifices, you will always be valued, respected, and appreciated.