Water-Damaged Passports and Visas After Hurricanes Harvey and Irma

On September 14, 2017, the American Immigration Lawyers Association (AILA) published a document titled “CBP Practice Alert: Water Damaged Visas and Passports” (see AILA Doc. No. 17091431). The guidance concerns foreign nationals with damaged documents as a result of events such as Hurricanes Harvey and Irma.

In the aftermath of Hurricanes Harvey and Irma, AILA reports that many foreign nationals have had their passports and visas damaged by water. AILA advises that foreign nationals with water-damaged passports or visas replace them prior to traveling abroad or “ensuring that they allow time to apply for a new visa or passport abroad before attempting to return to the United States.” AILA explains that water-damaged passports or visas may not be machine-readable, and if a passport or visa is not machine readable, the foreign national will not be permitted to board an airplane to travel to the United States. However, an individual seeking reentry by land with a water-damaged passport or visa may apply for a discretionary document waiver under section 212(d)(4) of the Immigration and Nationality Act (INA).

A foreign national with a water-damaged passport or visa may consult with an experienced immigration attorney for case-specific guidance. This is especially advisable in cases where the individual may apply for a section 212(d)(4) waiver. To learn about special emergency services offered to those who are directly affected by natural disasters such as Hurricanes Harvey and Irma, please see our full blog post on the subject [see blog].

Please visit the nyc immigration lawyers website for further information. The Law Offices of Grinberg & Segal, PLLC focuses vast segment of its practice on immigration law. This steadfast dedication has resulted in thousands of immigrants throughout the United States.

Lawyer website: http://myattorneyusa.com

Singaporean Blogger Amos Lee Granted Asylum in the United States

On September 26, 2017, Sophia Tareen of the Associated Press reported that the Board of Immigration Appeals (BIA) had upheld a decision granting asylum in the United States to Amos Yee, a teenage blogger and a national and citizen of Singapore [link].[1]

The report summarizes the well-publicized case. Yee, now 19, had been a political blogger in Singapore. Yee's commentary on Islam and Christianity was derided by some in Singapore as being offensive. Furthermore, Yee also posted blogs and videos that were critical of political figures in Singapore. Yee was arrested for his political commentary in 2015 after making a video that was harshly critical of former Singaporean Prime Minister Lee Kuan Yew shortly after he had died.

After extensive legal proceedings and further controversy that led to two short stints in jail, Yee departed for the United States with the intention of seeking asylum. Yee was detained by the U.S. Immigration and Customs Enforcement (ICE), but in March Immigration Judge Samuel Cole of the Chicago Immigration Court ruled that Lee had sustained his burden of establishing eligibility for asylum based both on past persecution in Singapore and a reasonable fear of future persecution if he were to return. Judge Cole determined that Lee's past persecution and fear of future persecution were based on his political opinion. With the Board's affirming Judge Cole's decision on appeal, Amos Yee will now be able to remain in the United States as an asylee.

After being released from immigration custody, Yee informed reporters that he has plans for more political videos in the future.

The Amos Yee case has certainly been interesting and is worth reading about in more detail. Individuals who believe that they may have grounds for seeking asylum status in the United States should consult with an experienced immigration attorney immediately. Please see our website's full section on “Asylum & Refugee Protection” to learn more about issues relating to asylum eligibility and status [see article].

Please visit the nyc immigration lawyers website for further information. The Law Offices of Grinberg & Segal, PLLC focuses vast segment of its practice on immigration law. This steadfast dedication has resulted in thousands of immigrants throughout the United States.

1. Tareen, Sophia. “Singapore teen granted asylum released from US custody.” McClachy DC Bureau. Sep. 26, 2017. Mcclatchydc.com

Lawyer website: http://myattorneyusa.com

Affirmative Asylum Applicants Can Now Check Case Status Online

On January 28, 2019, the United States Citizenship and Immigration Services (USCIS) that affirmative asylum applicants with pending applications can now check the status of their applications at uscis.gov/casestatus [PDF version]. It is important to note that this new tool is available only to those with pending affirmative asylum applications with the USCIS. It is not available for those with pending defensive asylum applications in immigration court.

Those who are considering seeking asylum should consult with an experienced immigration attorney prior to taking action. An attorney will be able to assess the facts of the particular case and determine whether they may support an asylum claim. Furthermore, filing for asylum is a complicated and evidence-intensive process, and an attorney will be able to help an applicant ensure that he or she meets all of the applicable deadlines and presents the best possible case for protection.

To learn more about asylum and related issues, please see our website's growing collection of articles on the subject [see category]. You may also find our short video introduction to asylum in immigration law useful [see here].

Please visit the nyc immigration lawyers website for further information. The Law Offices of Grinberg & Segal, PLLC focuses vast segment of its practice on immigration law. This steadfast dedication has resulted in thousands of immigrants throughout the United States.

Lawyer website: http://myattorneyusa.com

USCIS Resumes Premium Processing of FY-2019 Cap-Subject H1B Petitions

On January 25, 2019, the United States Citizenship and Immigration Services (USCIS) announced that it is resuming premium processing for all H1B nonimmigrant visa petitions subject to the fiscal year 2019 cap [PDF version]. The news alert states that petitioners who have received requests for evidence (RFEs) in relation to pending fiscal year 2019 H1B petitions may submit a request for premium processing along with their RFE response.

We discuss the USCIS's original suspension of premium processing for fiscal year 2019 cap subject H1B petitions in a separate article [see article]. Premium processing suspensions not covered by the new USCIS alert are still in effect until further notice. To learn more about premium processing of H1B petitions and certain other categories of nonimmigrant visa petitions, please see our full article on the subject [see article].

Please visit the nyc immigration lawyers website for further information. The Law Offices of Grinberg & Segal, PLLC focuses vast segment of its practice on immigration law. This steadfast dedication has resulted in thousands of immigrants throughout the United States.

Lawyer website: http://myattorneyusa.com