Girl in Library Studying

Update: ICE Guidelines Requiring In-Person Study for International Students at United States Colleges Rescinded

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Update: ICE Guidelines Requiring In-Person Study for International Students at United States Colleges Rescinded

In early July, 2020, the United States Immigration and Customs Enforcement (ICE) issued regulations that would have required international students in the United States to enroll in in-person study at colleges or leave the country. Obviously, these guidelines were cause for concern to many international students who are currently attending schools in the United States that have already decided to offer online-only courses this fall in light of the COVID-19 pandemic. The guidelines were also met with harsh criticism from university administrations, as well as state attorney generals.

Fortunately, the guidelines were rescinded.

According to CNBC, over 200 colleges supported a federal court lawsuit that was brought against ICE by Harvard University and the Massachusetts Institute of Technology (MIT) after the regulations were announced. Additionally, 17 states and the District of Columbia had also filed a lawsuit seeking to block the guidelines. According to USA Today, the guidelines were characterized in this lawsuit as “cruel, abrupt and unlawful.” The lawsuit sought an injunction which, if granted, would have barred the guidelines from taking effect during the course of the court proceedings.

The reversal of the guidelines returns the federal policy regarding international student enrollment and study to the policy that was effective this past spring, USA Today reports. At that time, the COVID-19 pandemic caused many colleges and universities across the country to close their campuses and offer online courses for completing coursework for the current term. Under the prior policy, international students were allowed to participate in the virtual and online courses offered by their schools.

The recently rescinded guidelines obviously had the potential to significantly impact educational plans and opportunities for international students enrolled in higher education programs in the United States. Even with the rescinding of the guidelines, however, low enrollment of international students is anticipated, according to a July 2020 policy brief by the National Foundation for American Policy (NFAP). This anticipated decline could reduce the total number of international students in the United States to its lowest level since World War II, according to the NFAP. Among the reasons noted for this decline are COVID-19 related considerations – continuing travel bans and suspended services at United States consulates around the world.

For United States colleges and universities, safe and effective reopening in the fall is of paramount concern. International students – and all students – should be sure to stay updated on reopening plans for their schools. For the near future, options for online, in-person, and hybrid coursework to be conducted at colleges and universities throughout the United States have emerged and are emerging in many states and at colleges and universities across the country. Last week, for example, the University of Florida announced an anticipated increase in online classes and an intention to hold some classes outdoors, according to News4Jax.com.

If you are an international student and have questions about visa requirements, or other immigration matters, contact an immigration law specialist at Diaz Shafer, P.A.

At Diaz Shafer, P.A., we offer expert assistance with any legal matter involving immigration, including immigration services for individuals, businesses, military personnel, and deportation defense.  We are experienced, multi-lingual, and proven in the courtroom. To learn more, visit www.diazshafer.com.

Students in Library

New Immigration Guidelines for International Students Attending Colleges and Universities in the United States

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New Immigration Guidelines for International Students Attending Colleges and Universities in the United States

International students accepted to study at colleges in the United States must generally obtain visas prior to entering the country to study. These student visas fall into two categories – F visas and M visas – depending upon the type of study and school.

Additionally, and as reported this week in the Tampa Bay Times, under recent guidelines of the United States Immigration and Customs Enforcement (ICE), in order for international students admitted to United states colleges to remain in the United States for study in the fall of 2020, some in-person instruction is required. Under these guidelines, for international students to remain in the United States for study, their colleges or universities must not be planning to offer exclusively online courses. Other restrictions are imposed by the guidelines in consideration of future circumstances, including, for example, the possibility of a school’s plan changing from in-person to online only education during the course of the term (in which case the international student would be required to leave the country or transfer to a school that is providing classes in-person).

College and University Reopening Plans Across the Nation and in the State of Florida

International students made up over 5% of the total student enrollment in United States colleges in 2019, according to data provided by Educationadata.org. Additional reported statistics indicate that in 2018, total revenues associated with international students were estimated to over 45 billion dollars.

Clearly, the COVID-19 pandemic has complicated plans for the fall 2020 semester for colleges and universities around the world. In the United States, the situation appears to be fluid, with some colleges and universities having recently released their plans for the fall, while others are still determining their reopening strategy.

As a recent report by Business Insider indicates, there are a variety of plans for colleges and universities reopening across the nation. Some schools will only offer remote learning, while others are planning to offer a combination of online and in-person classes. Some schools are planning to divide the term, starting with in-person coursework and completing the semester online. Still other schools have yet to reach a final decision about plans for the fall semester.

Within the state of Florida, the University of Florida’s plan anticipates offering some in-person, online, and hybrid form classes. The State University System of Florida enrolls over 30,000 international students, who come from more than 200 countries. The University of Tampa’s website indicates its intention to offer on-campus learning this fall, with changes in the classroom to allow for increased physical distancing, new audio visual technology, and some fully remote learning options. At the University of Tampa, students are enrolled from 132 countries around the world.

For international students across the nation, as well as those in Florida, the recent ICE guidelines obviously have the potential to significantly impact on educational plans and opportunities going forward. For more information, or if you are an international student seeking guidance on the recent ICE guidelines or other immigration matters, contact an immigration law specialist at Diaz Shafer, P.A.

At Diaz Shafer, P.A., we offer expert assistance with any legal matter involving immigration, including immigration services for individuals, businesses, military personnel, and deportation defense.  We are experienced, multi-lingual, and proven in the courtroom. To learn more, visit www.diazshafer.com.

Covid 19

USCIS Temporary Office Closure

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USCIS Temporary Office Closure Extended until at least May 3, 2020

“On March 18, U.S. Citizenship and Immigration Services temporarily suspended in-person services at its field offices, asylum offices, and application support centers (ASCs) to help slow the spread of coronavirus (COVID-19). USCIS offices will begin to reopen on May 4 unless the public closures are extended further. Employees in these offices are continuing to perform mission-essential services that do not require face-to-face contact with the public.

USCIS will continue to provide limited emergency services. Please call the Contact Center for assistance with emergency services.

USCIS field offices will send notices to applicants and petitioners with scheduled appointments and naturalization ceremonies impacted by the extended temporary closure. USCIS asylum offices will send interview cancellation notices and automatically reschedule asylum interviews. When the interview is rescheduled, asylum applicants will receive a new interview notice with the new time, date and location of the interview. When USCIS again resumes normal operations, USCIS will automatically reschedule ASC appointments due to the temporary office closure. You will receive a new appointment letter in the mail. Individuals who had InfoPass or other appointments must reschedule through the USCIS Contact Center once field offices are open to the public again. Please check to see if the office in your jurisdiction has been reopened before reaching out to the USCIS Contact Center.

Education and precautions are the strongest tools against infection. Get the latest facts by visiting the Centers for Disease Control and Prevention’s COVID-19 website. Continue to practice good health habits, refrain from handshakes or hugs as greetings, and wash hands and clean surfaces appropriately.

USCIS will provide further updates as the situation develops and will continue to follow CDC guidance. Please also visit uscis.gov/coronavirus  for updates.”

Parole in Place - Solider reunited with son against blue sky

Parole in Place

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Parole in Place

Are you serving in the U.S. Military and have undocumented family members living in the U.S.?  Parole in Place might be the perfect solution.

Your military service allows for your qualifying undocumented family members who are in the U.S. to remain and be eligible for certain benefits.  Granted on a case-by-case basis, Parole in Place can help those family members who are eligible obtain employment authorization, adjustment of status, and more.

Who qualifies for Parole in Place?

Any spouse, parent or child of a current or former active duty member of the U.S. Armed Forces or Selected Reserve of the U.S. Ready Reserve can change their immigration status by applying for Parole in Place and obtaining legal permanent residency (i.e., Green Card).  Only spouses, children and parents of active duty (or those who have previously served) U.S. citizens can qualify for the program, so that they can live and work in the U.S.  The service member can be alive or deceased, and family members still qualify as long the veteran received an honorable discharge.

Parole in Place grants are discretionary and reviewed by the Department of Homeland Security.

While an applicant for Parole in Place doesn’t have to show that they are subject to the grounds of inadmissibility (because of issues like criminal conduct, prior immigration violations, or other blemishes on someone’s record), these could affect the decision to be granted Parole in Place status.

What are the steps for receiving a Parole in Place grant?

First, make sure you speak with an experienced immigration attorney to make sure your family members are eligible.  An attorney can help you navigate all the paperwork and filing needed to be granted Parole in Place status.

Your attorney can assist your family members in completing forms such as the I-131 Application for Travel Document, which must be submitted to the U.S. Citizenship and Immigration Services (USCIS).  They will also need to submit copies (never the originals) of documents that provide evidence of your family relationship and proof that you are, or were, active-duty U.S. Military personnel.  Evidence of familial connections can be established through the following documents:

  • Marriage Certificate;
  • Son or daughter’s birth certificate; or
  • Proof of enrollment in the Defense Enrollment Eligibility Reporting System (DEERS).

Proof of your military service can be established through a photocopy of the front and back of your military I.D. card or Defense Department Form 214.

Your family member will also need to provide two identical, color passport-style photographs, and any other evidence of additional favorable factors you would like the USCIS to take into consideration—such as good community standing, providing a valuable service, or other factors that will reflect on the applicant positively.

At Diaz Shafer, P.A., we offer expert assistance with any legal matter involving immigration, including immigration services for individuals, businesses, military personnel, and deportation defense.  We are experienced, multi-lingual, and proven in the courtroom. To learn more, visit www.diazshafer.com.

Photo of a hand turning a door knob.

What To Do If You’re Undocumented And ICE Is At Your Home Or Workplace

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What To Do If You’re Undocumented And ICE Is At Your Home Or Workplace.

The first and most important step is to remain calm and know your rights.  If an ICE officer knocks on your door, do not open it.  First, ask them to identify themselves by asking what agency they are with.  Even if they say they are with the Department of Homeland Security or Immigration and Customs Enforcement, you still have the right to proceed as follows:

  1. Ask to see a warrant and have them slip it under the door. If they do not have a warrant, do not open the door or answer any questions. If they produce a warrant it MUST contain your correct name and address and a signature of the judge who issued the warrant.  Chances are, the warrant will be in English, so if you have trouble reading it have someone in your household help, or snap a picture of it with your phone and send it to a bilingual friend or relative.  If for any reason the warrant doesn’t look valid (your name is misspelled, wrong first name, wrong address, etc.), slide it back under the door and tell them it is incorrect.  If the warrant looks correct, make sure it was issued by a court.
  2. If the warrant is valid, you must let the officer enter. However, in most cases, a warrant for your arrest does not entail a search of your home.  If all looks valid, step outside to discuss it with the officer.  This is especially important if you live with others who might have immigration concerns.  Remember, if the officer asks if he or she can come in and you say “yes”, that gives the officer legal consent to enter your home or place of work.
  3. Once outside with the officer, do not answer any questions and do not sign any papers. Tell the officer you want to talk with an attorney before speaking any further. Do not show any papers that identify the country of your origin.
  4. The same applies if officers enter your workplace. You have the right to keep silent and seek the guidance of an attorney before you answer any questions.  You have the right to withhold where you came from or show any papers related to your country of origin, even if at work.  Keep reiterating that you wish to speak with an attorney.
  5. Document everything. You have the right to take pictures, record conversations, and take note of the officers’ license plates and badge numbers.  All this can be done using your smart phone.  Don’t let fear freeze you from documenting what’s happening around you.  It could be invaluable should you be required to appear in court.
  6. Check your status to see if you are eligible for Parole in Place. Parole in place is designed to protect foreign nationals who are spouses, widows, widowers, parents, sons or daughters of active-duty members of the U.S. armed forces, in the Selected Reserve of the U.S. Ready Reserve or a military veteran who served in the Selected Reserve (even if deceased).  To prove you are eligible, you must submit Form I-131, Application for Travel Document, and submit it to your local United States Citizenship and Immigration Services office.  If granted, you will need to show any ICE officer who is legally authorized to see it a copy of the approval.  Never turn over the original.
  7. Know who to call for legal advice. Have an immigrations attorney’s name and number on you at all times that you can call should you ever find yourself in this situation.

At Diaz Shafer, P.A.,  we offer expert assistance with any legal matter involving immigration, including immigration services for individuals, businesses, military personnel, and deportation defense.  We are experienced, multi-lingual, and proven in the courtroom. To learn more, visit www.diazshafer.com.

 

Diaz Shafer Dreamers - Photo of 2 children

The Time To Renew Your DACA Application Is Now

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The Time To Renew Your DACA Application Is Now

For the last seven years, the Deferred Action for Childhood Arrivals (DACA) program has been extremely successful, resulting in 700,000 DACA recipients, according to the National Immigration Law Center.

But, on September 5, 2017, the current administration announced that it was ending DACA, resulting in the launch of several lawsuits against the administration claiming that DACA was ended unlawfully.  The lower courts agreed and on November 12 the case went before the Supreme Court, where it is still under review.  A decision by the highest court in the land is expected by June of 2020.

So where does that leave DACA recipients, also known as Dreamers, like you or someone you know?  Currently, the U.S. Citizenship and Immigration Services (USCIS) will continue to accept applications from those who previously had or currently have DACA.  While the fate of DACA remains uncertain for now, DACA recipients are being encouraged to consult with an immigration attorney as soon as possible to submit renewal applications.  Remember, USCIS is not accepting new applications—only renewals.

Who can renew?

You can apply for DACA renewal if you:

  • were under the age of 31 as of June 15, 2012;
  • did not depart the U.S. on or after August 15, 2012, without advanced parole;
  • have continuously resided in the U.S. since submitting your most recent approved DACA request; and
  • have not been convicted of a felony, a significant misdemeanor (or three or more misdemeanors), and you do not pose any type of threat to national security or public safety.

When can you renew?

The USCIS requires about 120 days to process DACA renewal requests.  After such time, it is recommended that you follow up with USCIS to check on the status of your renewal.

How do you renew?

You must use the most current version of Form I-821D or USCIS will reject your application.  You can find that form here https://www.uscis.gov/i-821d.

The best choice?  Seek assistance.

The immigration lawyers at Diaz Shafer, P.A., are well versed in the many nuances of the laws surrounding DACA and can help you through the renewal journey.  A complete renewal application completed without error is the fastest way to achieve DACA status, and we can help.  We are experienced, multi-lingual, and proven in the courtroom.  To learn more, visit www.diazshafer.com.