District court upholds contract for some TPS holders to obtain green cards | Univision Immigration News

A court in the District of Columbia has approved a judicial agreement that requires holders of certain undocumented temporary protection status (DPS) who have a final deportation order and who do not have deportation priority to reopen their cases, adjust their eviction and resettlement. Status for permanent residence.

The agreement was reached after the Central American Resource Center (CARECEN) filed a lawsuit against Ur Jaddou, director of the Office of Citizenship and Immigration Services (USCIS), and Alejandro Mayorcas, secretary of the Department of Homeland Security (DHS). .

In court proceedings both parties stated that the “solution” of the legal action would be “in the best interests of the public and in the best interests of the public.” Therefore, they “solution” is the complete and complete solution to the issues raised by CARECEN in the case.

The agreement, announced Tuesday, states that if deportation of an individual is not prioritized until January 19, 2025, the Office of Immigration and Customs Enforcement (ICE) will use the discretion of its attorney to “reopen a case and reject deportation proceedings.” An individual.

To qualify for this agreement you must meet a number of requirements:

• It is a DPS holder;
• You have an order of removal by the Immigration Court or the Immigration Agency;
• You have traveled outside the United States with prior permission since the deportation order was issued; And
• You are eligible to file an application for adjustment of status at the Office of Citizenship and Immigration Services (USCIS).
• This includes those with pending or approved Form I-130 filed by an immediate relative who has met the status of “tested, approved or paroled”, but they are not the only ones.

Alex Calves explained that the agreement benefits all owners who were exempted from a Supreme Court ruling last year, when magistrates unanimously ruled that those who entered the country illegally and had special security status were ineligible to seek residency under that position. An immigration lawyer in Los Angeles, California.

“Those with a travel permit and deportation order after August 20, 2020 are eligible to apply for status adjustment if they are eligible to reopen their cases to the ICE and reject the removal order,” he added.

Jose Guerrero, an immigration attorney based in Miami, Florida, said: “This agreement gives particular TPS holders the opportunity to go to the Chief Legal Adviser’s ICE office (ICE OPLA) and request a reopening of their case. Will be processed.

“All those with DPS and those with deportation orders and those who can be repaired under this agreement should immediately seek legal advice to reconsider their case,” he said. He warned that this type of process “takes time, it is slow”.

The agreement states that the OPLA office will “consider a request for a joint motion to reopen in accordance with the established procedure and a motion to reject the deportation order.”

“Within 30 days of the signing of this Agreement, USCIS will publish a notice on its website stating,” With instructions on how to contact ICE OPLA, when a joint motion is filed to reopen a case, as well as a motion to dismiss. “

The agreement states that the advertisement will be published in English, Spanish, Arabic, Haitian and any language commonly used by those who may benefit from this policy.

The ICE OPLA office said it would “update its website with instructions on how to submit joint motion requests for reopening and dismissal of cases, as agreed and in designated languages.”

The Office of the Chief Legal Adviser to ICE will have 90 to 120 days to process requests.

The agreement also stipulates that the ICE OPLA office will work with legal representatives (qualified TPS holders) during the validity period of the agreement. And then “present this evidence in the immigration courts.”

In the case of foreigners without legal advice, the contract is generally presented by ICE OPLA
Move with the court until the immigrant mentions otherwise. “

Within 60 days of the entry into force of the agreement, “CARECEN will create and
To facilitate access to this process, ICE will spread information announcements and do-it-yourself packages, including a joint operation to re-open the template (form) created by OPLA in consultation with OPLA. “

The parties also stated that USCIS and ICE OPLA would “publish information about DOJ-accredited pro-legal service providers on their websites”.

In turn, “ICE OPLA reiterates that there is no charge for obtaining a lawyer’s license on its website.”

Finally, “If a person’s deportation order is revoked, the applicant who has already applied to have status with USCIS is denied and denied only on the grounds of lack of jurisdiction, or only on the grounds of jurisdiction and permissibility (dismissed at the time of dismissal, but not filed or judged on the basis of permissible waiver), you New Form I-485 can be filed.

You can also reopen your denied application for adjustment of status with USCIS, if required, the contract states.