by Natasha B. | Apr 6, 2022 | Asylum and Humanitarian Relief, Immigration, Legal Services, More News, News
Jean*, a candidate for local office in Haiti, fled his homeland after enduring persecution for his political views. After fleeing Haiti, he lived in Brazil for several years, where he met and married Marie*. The couple soon had a child. In Brazil, the family faced racism and xenophobia which forced them to flee again, this time to the United States.
When Jean and his family arrived at the U.S. border, they were separated. Jean was held in an immigration detention center for several months. He was later released on bond and reunited with his wife and child in New York City where they continued the next steps to safely seek asylum with the assistance of Catholic Migration Services.
CMS advocates helped the family gather and submit a thorough packet of evidence supporting their asylum applications. We then worked with Congressman Hakeem Jeffries’ office to fix a United States Citizenship and Immigration Services (USCIS) administrative error. The correction allowed us to secure an appointment for the family to take their biometrics, a crucial step before asylum could be granted. Since this family’s case was repeatedly postponed by the immigration court, CMS persistently negotiated with U.S. Immigration and Customs Enforcement (ICE) for their non-opposition to a grant of asylum and filed a motion asking the immigration judge to grant the case based on the paper evidence. The immigration judge granted asylum, and now the family is on a path to citizenship.
*We have changed the names of the clients to protect their privacy.
by Natasha B. | Mar 25, 2022 | Immigration, Legal Services, Press Releases and Statements, Temporary Protected Status (TPS)
On March 16, 2022, the Secretary of the Department of Homeland Security (DHS) announced that Afghanistan will be designated for Temporary Protected Status (TPS) for 18 months.
What is Temporary Protected Status (TPS)?
The Secretary of the Department of Homeland Security (DHS) may designate a foreign country for Temporary Protected Status (TPS) due to conditions in the country that temporarily prevent the country’s nationals from returning safely, or in certain circumstances, where the country is unable to handle the return of its nationals adequately. United States Citizenship and Immigration Services (USCIS) may grant TPS to eligible nationals of certain countries (or parts of countries), who are already in the United States. Eligible individuals without nationality who last resided in the designated country may also be granted TPS.
What does this announcement mean?
The designation of TPS for Afghanistan allows Afghani nationals (and individuals without nationality who last resided in the Afghanistan) who have continuously resided in the United States since March 15, 2022 to file an initial application for TPS, as long as they meet eligibility requirements. Please note that those who travel to the United States after March 15, 2022, are not be eligible for TPS. Individuals granted TPS are not removable from the United States, can obtain an Employment Authorization Document (EAD) or work permit, Social Security Number, and may be granted travel authorization.
When can I apply for TPS?
Please note that because the TPS designation has not been officially published in the Federal Register yet, the application process has NOT started. To confirm the start of the application process, please call the New York State New Americans Hotline – a hotline that provides free information and referrals on immigration matters – at 800-566-7636, Monday through Friday, between 9:00 a.m. and 8:00 p.m.
How do I apply?
We recommend consulting a lawyer to determine if you are eligible to apply for TPS and to learn more about what documents you need to include in your application.
If you have questions, please call Catholic Migration Services at (718) 236-3000, extension 2015.
For additional information, you can also contact Action NYC at (800) 354-0365 – Monday through Friday, between 9:00 a.m. and 6:00 p.m. – to connect with City-funded, free and safe immigration legal help.
Click here to download this update as a PDF: Immigration Update Pertaining to Afghanistan and the Designation for Temporary Protected Status (TPS)
As of March 21, 2022
by Natasha B. | Mar 14, 2022 | Legal Services, Press Releases and Statements, Temporary Protected Status (TPS)
On March 3, 2022 the Secretary of the Department of Homeland Security (DHS) announced that the Ukraine will be designated for Temporary Protected Status (TPS) for 18 months.
What is Temporary Protected Status (TPS)?
The Secretary of the Department of Homeland Security (DHS) may designate a foreign country for Temporary Protected Status (TPS) due to conditions in the country that temporarily prevent the country’s nationals from returning safely, or in certain circumstances, where the country is unable to handle the return of its nationals adequately. United States Citizenship and Immigration Services (USCIS) may grant TPS to eligible nationals of certain countries (or parts of countries), who are already in the United States. Eligible individuals without nationality who last resided in the designated country may also be granted TPS.
What does this announcement mean?
The designation of TPS for Ukraine allows Ukrainian nationals (and individuals without nationality who last resided in the Ukraine) who have continuously resided in the United States since March 1, 2022 to file an initial application for TPS, as long as they meet eligibility requirements. Please note that those who travel to the United States after March 1, 2022, are not be eligible for TPS. Individuals granted TPS are not removable from the United States, can obtain an Employment Authorization Document (EAD) or work permit, Social Security Number, and may be granted travel authorization.
When can I apply for TPS?
Please note that because the TPS designation has not been officially published in the Federal Register yet, the application process has NOT started. To confirm the start of the application process, please call the New York State New Americans Hotline – a hotline that provides free information and referrals on immigration matters – at 800-566-7636, Monday through Friday, between 9:00 a.m. and 8:00 p.m. .
How do I apply?
We recommend consulting a lawyer to determine if you are eligible to apply for TPS and to learn more about what documents you need to include in your application.
If you have questions, please call Catholic Migration Services at (718) 236-3000, extension 2015 or extension 2018. If we are unable to answer the phone, please leave a message with your name, phone number and the languages you speak.
For additional information, you can also contact Action NYC at (800) 354-0365 – Monday through Friday, between 9:00 a.m. and 6:00 p.m. – to connect with City-funded, free and safe immigration legal help.
Click here to download this update as a PDF: Immigration Update Pertaining to Ukraine and the Designation for Temporary Protected Status (TPS)
Click here to download the Services to Ukrainian Nationals Flyer in English and Ukrainian
by Natasha B. | Dec 6, 2021 | News, Workers' Rights
Anthony Damelio, ’22
Catholic Migration Services is pleased to announce that Anthony Damelio, a student at Fordham University School of Law, has been selected as a 2022 Skadden Fellow to work with the Workplace Justice team beginning in the fall of 2022. A competitive program that selects 28 fellows each year to provide civil legal services to low-income clients, the Skadden Fellowship provides two years of funding to legal services organizations throughout the country to help launch the careers of public interest lawyers.
Anthony served as a 2020 summer legal intern with the Workplace Justice team. Prior to law school, he was Deputy Director of New Immigrant Community Empowerment (NICE), an immigrant worker center and close community partner of Catholic Migration Services. During law school, Anthony has served as a Stein Scholar for the Public Interest and interned at Kakalec Law PLLC, a small worker-side employment firm, and the Housing and Worker Protection Bureau of the Queens District Attorney. As a Skadden fellow, Anthony will work with NICE and the Coalition for Immigrant Families to implement the New York Health and Essential Rights Act (NY HERO Act) signed into law on May 5, 2021. The law mandates extensive new workplace health and safety protections in response to COVID-19. Aside from mandating clear COVID-related protections, the NY HERO Act also provides workers the right to form workplace safety committees, with strong protections and a private right of action if their employers retaliate.
“This is an outstanding achievement for Anthony and a well-deserved recognition of the work of Catholic Migration Service’s Workplace Justice Team. We are thrilled to have Anthony, a dedicated and experienced worker advocate, join our team. Through Anthony’s project, Catholic Migration Services will strengthen its relationship with local worker centers and harness the new protections under the NY HERO Act to protect and empower vulnerable workers,” said Magdalena Barbosa, Managing Attorney with the Workers’ Rights Program.
The 2022 Class of Skadden Fellows hail from 19 different law schools and will be partnering with legal service nonprofits across the country. The program provides two-year fellowships to talented young lawyers to pursue the practice of public interest law on a full-time basis and is currently working in public interest in 42 U.S. states
“I am deeply grateful to the leadership of Catholic Migration Services, New Immigrant Community Empowerment, and the Coalition for Immigrant Families for supporting this project that seeks to empower i“mmigrant workers to reclaim their new workplace rights,” said Anthony Damelio, Prospective Skadden Fellow Class of ’22 for Catholic Migration Services. “In deciding to fund this work, the leaders of the Skadden Foundation saw the impact of Catholic Migration’s powerful model of collaborative legal representation that works closely with community partners to advocate for low-wage workers who are exploited by their employers. I look forward to getting started with the incredible team at Catholic Migration Services!”
by Natasha B. | Nov 12, 2021 | Legal Services, Press Releases and Statements, Temporary Protected Status (TPS)
Peze la pou tradui nan Kreyol Ayisyen
What is Temporary Protected Status (TPS)?
- Temporary Protected Status is an immigration status available to some people from countries the Secretary of Homeland Security has designated as “unsafe to return to” for various reasons, such as civil war, political unrest, natural disaster, etc.
- TPS is a temporary immigration status that may be renewed for as long as the TPS designation is in place
- People with TPS:
- May not be deported from the United States
- Can obtain employment authorization cards (“work permits”)
- Can obtain permission to travel in some situations(“advance parole”)
What Temporary Protected Status is NOT:
- TPS is not, by itself, a path to permanent residence, citizenship, or other long-term immigration status
- TPS does not stop an individual from seeking other immigration benefits (i.e., asylum, permanent residence, other nonimmigrant status)
- TPS is not an absolute protection against deportation
- If an individual becomes ineligible for TPS due to criminal convictions or any other reason, the individual may be deportable
- TPS is not permanent
- TPS designations may last for many years, as it has with Haiti, but it cannot become permanent
- If the unsafe situation in a TPS country resolves itself, the Secretary of the Department of Homeland Security (DHS) may end the TPS program for that country
Who is eligible for the newly announced Haitian TPS?
- Haiti was designated for TPS on August 3, 2021
- The general eligibility requirements for Haitian TPS are:
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- Must be a national (citizen) of Haiti and enter the United States as a Haitian national
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- If you entered the United States with a non-Haiti passport or claimed citizenship from another country, you are likely not eligible for Haitian TPS
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- Must have resided in the United States since July 29, 2021
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- Have you been living in the US since that date?
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- Must have been continuously physically present since August 3, 2021
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- Were you physically in the United States since that date?
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- Must not have firmly resettled in another country before coming to the United States
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- If you were offered or received a permanent or long-term immigration status in another country before arriving in the United States, you may be ineligible for TPS.
- If you think you may have firmly resettled, you should speak with an immigration attorney before applying for TPS.
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- Must not have certain criminal convictions
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- This is a complex area of immigration law. Speak with an immigration attorney if you have concerns about prior convictions.
How do I apply for Temporary Protected Status?
- The fee to apply for TPS is $545($135 if you do not want a work permit). This fee is the same for all TPS applicants right now, even if you have had TPS previously
- This filing fee may be waived in certain circumstances (i.e., low-income, public assistance recipients)
- FormI-821, Application for TPS, must be filed to receive TPS
- FormI-765, Application for Employment Authorization, is required to receive a work permit
- Documentation showing you meet the eligibility requirements must be submitted:
- Proof of Haitian citizenship (passport and/or birth certificate)
- Proof you have resided and been present in the United States
- Visa stamp or other entry records, lease, bills, school, medical and/or employment records, bank statements, etc.
- If you have been arrested or think you may have firmly resettled, you may need to provide additional documentation. You should speak with an immigration attorney if you are unsure
- Where and how to file for TPS can be found at the United States Citizenship and Immigration Services website:
- gov/humanitarian/temporary-protected-status/temporary-protected-status-designated-country-haiti
If you have any questions or concerns, please call Catholic Migration Services in Brooklyn at (718) 236-3000 or in Queens at (347) 472-3500 between 9:00 a.m. and 5:00 p.m. from Monday through Friday.
Click here to download this update as a PDF: Immigration Update Pertaining to Haiti and the Designation for Temporary Protected Status (TPS)
Jean*, a candidate for local office in Haiti, fled his homeland after enduring persecution for his political views. After fleeing Haiti, he lived in Brazil for several years, where he met and married Marie*. The couple soon had a child. In Brazil, the family faced racism and xenophobia which forced them to flee again, this time to the United States.
