The American Dream and Promise Act of 2021 (the “ADPA”) is a bill that is making its way through the US Congress. At the time of this writing, it has already been passed by the House of Representatives but is still awaiting a vote in the Senate. Its purpose is to offer permanent residence to DACA beneficiaries as well as people who have been granted Temporary Protected Status (TPS) or Deferred Enforced Departure (DED).

The Biden administration has also proposed a more comprehensive immigration bill, the US Citizenship Act of 2021, that includes many of the same provisions as the ADPA. The problem is that Biden’s comprehensive immigration bill seems unlikely to make it through Congress unscathed, generating the need for standalone legislation. The provisions of the ADPA, however, are somewhat stricter than the provisions of the US CItizenship Act of 2021. The ADPA’s major provisions are outlined below.

Expedited Permanent Residence for DACA Beneficiaries

The ADPA would offer an expedited process for you to become a conditional permanent resident, and no additional fee would be required. If you already met the criteria for unconditional permanent residence, you would be immediately eligible for unconditional permanent residence. See below for the difference between conditional permanent residence and unconditional permanent residence-

Requirements for Conditional Permanent Residence

Under the ADPA, you would be eligible for conditional permanent residence if you meet the following requirements:

• You would have to have been a continuous resident of the US prior to January 1, 2021.
• You would have to have been under 18 years old when you first entered the United States.
• You would have to pass a background check designed to determine if your presence would constitute a security risk to the United States.
• You must not have ever been convicted of (i) a crime punishable by more than one year in prison (regardless of your actual sentence); (ii) more than two crimes committed on different dates where your actual sentence combines equaled at least 90 days in jail, or (iii) domestic violence related crime (these crimes will not be held against you if they were immigration law violations).
• You must have either graduated from high school or obtained a GED.

Unfortunately, “conditional permanent residence” is not really permanent. Instead, it lasts for 10 years, during which time you must meet the requirements for unconditional permanent residence in order to remain in the US beyond that point.

Requirements for Unconditional Permanent Residence

Unconditional permanent residence is really permanent. Once you obtain it, it lasts a lifetime unless you forfeit it in some way (by living abroad for an extended period of time, for example). To adjust your status from conditional permanent resident to unconditional permanent resident, you must meet the following criteria within 10 years of obtaining conditional permanent residence:

• Remain eligible for conditional permanent residence until the time you apply for unconditional permanent residence.
• Meet one of the following conditions:
  • You earned two or more years of post-secondary academic credit;
  • You completed two or more years of US military service (with an honorable discharge if you are not still serving); or
  • You have been employed for at least three years, with no more than 25 percent of the total time accumulated while you were working illegally.

If you meet the foregoing academic, military, or employment requirements by the time the ADPA is passed, you can seek unconditional permanent residence immediately. To obtain unconditional permanent residence, you would be required to pay an adjustment of status fee of $1,140 plus an $85 biometrics fee.

Temporary Protected Status  (TPS) and Deferred Enforced Departure (DED)

TPS and DED status has been granted to nationals of certain countries that are considered unsafe to return to because of civil unrest, natural disaster, or similar reasons. TPS and DED are both considered temporary statuses. Under the ADPA, however, if migrated from one of these countries, you could secure the cancellation of removal proceedings against you and obtain lawful permanent residence, as long as you:

• Had been physically present in the US for at least three years (ending on the date that the ADPA is signed into law); and
• Were eligible for TPS by September 17, 2017, or obtained DED status by January 20, 2021.

Scope of the Act

The American Dream and Promise Act of 2021 is a highly significant piece of legislation. If it is passed, it would render up to 4.4 million people eligible for a green card and eventual US citizenship

ATN visa is designed to allow certain professionals from Canada and Mexico – NAFTA professionals who can seek employment in the United States under The North American Free Trade Agreement (NAFTA).

This article will explain how Nutritionists from Canada and Mexico can apply for a TN nonimmigrant visa.

The complete list of NAFTA professions you can find here.

Regulations concerning this profession do not fall under the TN visa regulations but can be in the Occupational Outlook Handbook (OOH) issued by the U.S. Department of Labor. According to OOH, nutritionists are food, and nutrition experts focused on achieving the client’s health goals and living a healthy lifestyle. They accomplish this by creating healthy meal programs. The general job duties of a nutritionist are:

1. Get familiar with a person’s health condition and needs,
2. Inform clients about nutrition and healthy food choices,
3. Create nutrition and meal plans, adjust and modify them as needed, and under the financial possibilities of a client,
4. Counseling about food impacts on health, promoting benefits of healthy diet and nutrition, pointing out the connection between healthy lifestyles and preventing or managing diseases
5. Produce materials to educate about good eating habits
6. Conduct science researches in the field of food and nutrition and be up to date with innovation in this area
7. Monitor and record clients progress

It is necessary to have one of the following educational requirements to be eligible to obtain a TN visa as a Nutritionist:

1. Bachelor’s degree or
2. Licenciatura degree.

Guidance for the degree requirement is also in the OOH. The degree typically has to be in dietetics, foods, and nutrition or a closely related field.
Some states additionally require an advanced degree, license, which can be obtained by attending and completing a supervised internship and passing an exam.

Petitioner has to be able to submit proof that educational requirements are fulfilled.

There are two types of nutritionist specialties:

1. Clinical nutritionists – They work in hospitals and other medical institutions on creating nutrition therapies for disease patients and residents.
2. Community nutritionists – They work with people in communities or schools by counseling and creating nutrition programs through different agencies and public health clinics.

Additional requirements that TN nonimmigrants have to submit are:

1. Proof of Mexican or Canadian citizenship (passport);
2. A proof of the job offer written as the letter of support by the employer, with all job details;
3. A proof that a nonimmigrant does not intend to stay in the U.S. after the TN visa expires.

How to seek admission as a TN nonimmigrant?

Canadian citizens should apply with all required documentation to the U.S. Customs and Border Protection (CBP) officer at the U.S. Port of Entry since they are not required to obtain a visa first. It is also possible to apply at a pre-flight inspection or an airport after arriving in the United States. The decision is made immediately.

On the other hand, Mexican citizens should apply at the U.S. embassy or consulate in Mexico. After the TN visa is approved, they can seek admission at the U.S. Port of Entry.

Both Canadian and Mexican citizens can file the online I-129 petition with USCIS.

AThe United States is facing a migration crisis on its southern border. Unfortunately, media images taken from ICE immigration detention facilities have been heartbreaking. Most of these migrants have come not from Mexico, however, but from the so-called “Northern Triangle”–El Salvador, Honduras, and Guatemala.

The reasons for this migration, which has persisted through the Trump administration until now, is more than just economic, although economics is certainly a factor. In addition to poverty, official corruption and violence are driving the citizens of these countries north towards the US border.

In 2020 El Salvador, Honduras and Guatemala ranked 1st, 4th, and 14th in the world, respectively, in terms of the national murder rate.

It doesn’t get any better when these migrants travel north, either. Tijuana and Juarez, both located just south of the US/Mexico border, rank 1 and 2 in the world, respectively, in terms of city murder rates.

Meanwhile, human smugglers and drug cartels often prey upon vulnerable migrants. The fact that these conditions have failed to deter Northern Triangle migrants goes to show how difficult life is for the people who live in those countries.

In Search of a Long-Term Solution

President Biden has pledged to seek a long-term solution to the migration crisis by helping the Northern Triangle countries deal with the root causes of immigration. Biden’s US CItizenship Act of 2021 contains some measures designed to relieve the migrant crisis.

Biden´s immigration bill includes a provision for $4 billion to be allocated over four years to fight poverty, crime, and corruption in the Northern Triangle. The bill, along with other initiatives favored by the Biden administration, would:

• Establish Designated Processing Centers throughout Northern Triangle countries where intending immigrants could seek refugee resettlement in the United States. One of the primary purposes of establishing these centers in Northern Triangle countries is to discourage migrants from undertaking the incredibly dangerous journey to the US border.
• Re-establish the Central American Minors Program to allow for the reunification of children with parents who are already residing in the United States.
• Help Northern Triangle countries reduce crime through enhanced security and enforcement measures. Unfortunately, this is a long-term solution whose effects may not be fully felt for decades.
• Investing into the economies of Northern Triangle countries. In 2018, for example, the US invested $5.8 billion into the region.

The Path Forward

Ultimately, however, the foregoing measures are only the tip of the iceberg compared to the sustained initiatives that are likely to prove necessary in the long run. Some of the possible future measures that need to be undertaken include:

• Partnering with Mexico to invest money and know-how into the region. The US and Mexico have a common interest in stemming the flow of migrants.
• Targeting aid and investment to the individual needs of each country.
• Engaging with the private sector in Northern Triangle countries to create jobs.
• Working with the governments of Northern Triangle countries to root out official corruption.

There is a reason for hope. Homicide rates, for example, have fallen steadily in El Salvador and Honduras in recent years. Nevertheless, so far it is not enough. The Covid-19 crisis battered the region throughout 2020, while hurricanes devastated parts of Honduras and Guatemala leaving hundreds of thousands of people homeless.

What It’s Going to Take

There are no easy answers to the Northern Triangle migration crisis. What has already become certain, however, is that nothing will ultimately be solved by simply building more walls. Ultimately the US is going to need to build a Central American policy grounded in human rights, long-term solutions, and reasonably flexible immigration policies.

Canada and Mexico citizens can seek a TN visa and engage in business activities in the United States under The North American Free Trade Agreement (NAFTA).

A TN visa is designed to allow certain professionals from Canada and Mexico – NAFTA professionals, to work in the United States.

This article will explain how Industrial Designers from Canada and Mexico can apply for a TN nonimmigrant visa.

The complete list of NAFTA professions you can find here.

The general job duty of industrial designers is to create a design for manufactured products, and their work is devoted to providing the best solution for both manufacturers and users. This profession brings together art, engineering, and business to provide the best design concepts.

As other general duties, we can consider those stated in the Occupational Outlook Handbook (OOH):

1. Communication with clients
2. Market research
3. Drawing and sketching visuals by hand or by computer software
4. Developing prototypes and presenting them to clients
5. Predict costs and efficient use of materials
6. Examine all practicability factors

To be qualified to obtain a TN visa as an Industrial Designer, the nonimmigrant is required to have and to be able to prove one of the following educational requirements:

1. Bachelor’s degree;
2. Licenciatura Degree;
3. Post-Secondary Diploma or Certificate in Industrial Design or related field and three years of experience in Industrial Design.

TN visa regulations do not cover the requested degree type, so the OOH can be used as guidance instead. Therefore, the degree has to be in the field of Industrial Design or firmly related to it, such as architecture or engineering.

Post-Secondary Diploma is a proof of qualifications issued by an accredited post-secondary institution in Canada or the U.S. to a TN nonimmigrant who had not less than two years of post-secondary education.

A post-Secondary Certificate is a proof of qualifications issued by an accredited post-secondary institution by the federal or state government of Mexico. The Certificate is issued to a TN nonimmigrant who had not less than two years of post-secondary education. Also, it can be given if the federal or state government recognizes the academic institution, or the institution can be established by federal or state law.

According to OOH, more than 360 different post-secondary institutions provide professionals with the necessary knowledge in arts and design.

It is recommended to have a prepared electronic portfolio of designs while applying for a TN visa.

Additional requirements that TN nonimmigrants have to submit are:

1. Proof of Mexican or Canadian citizenship (passport);
2. A proof of the job offer written as the employer’s letter of support, with all job details;
3. A proof that a nonimmigrant does not intend to stay in the U.S. after the TN visa expires.

How to Seek Admission as a TN Nonimmigrant?

Canadian citizens can apply with all required documentation to the U.S. Customs and Border Protection (CBP) officer at the U.S. Port of Entry since they are not required to obtain a visa first. It is also possible to apply at a pre-flight inspection or an airport after arriving in the United States.

On the other hand, Mexican citizens should apply at the U.S. embassy or consulate in Mexico. After the TN visa is approved, they can seek admission at the U.S. Port of Entry.

Both Canadian and Mexican citizens can file the online I-129 petition with USCIS.

On March 4, 2021, the US Supreme Court issued its decision in Pereida v. Wilkinson. The conservative Court bucked the Biden administration´s trend of liberalizing immigration law, by making it harder for undocumented immigrants convicted of minor criminal offenses to obtain relief from deportation proceedings.

Pereida was seeking “cancellation of removal” under US immigration law. Under cancellation of removal, a non-citizen, who is not a lawful permanent resident can seek the cancellation of any removal (deportation) proceedings against them and gain lawful permanent residence in the United States, if they meet certain conditions:

Requirements for Cancellation of Removal

To obtain the cancellation of removal, nonpermanent residents must establish that they:

• Have accrued at least 10 continuous years of physical presence in the United States,
• Can demonstrate good moral character during their period of physical presence,
• Have not been convicted of a “crime of moral turpitude”, and
• Can prove that their deportation would cause “exceptional and extremely unusual hardship” to at least one family member who is either a US citizen or a lawful permanent resident.

Essentially, cancellation of removal works a lot like an immigration amnesty, except that it is very difficult to obtain and it is awarded on a case-by-case basis. Ultimately, the decision is based on the discretion of the immigration court and is based on the totality of the circumstances.

If the court refuses an application for cancellation of removal, it is difficult to successfully appeal the decision. Nevertheless, appeals are sometimes granted.

The Legal Nuts and Bolts: “Moral Turpitude” and “Intent to Deceive”

Cancellation of removal is based on highly ambiguous legal terms such as “exceptional and extremely unusual hardship” and ”crime of moral turpitude.” In Pereida, the issue was whether a crime on Pereida´s record, “criminal impersonation” (a Nebraska state law crime) constituted a “crime of moral turpitude.”

A crime of moral turpitude means a crime that was committed with some sort of evil intent. Swindling someone out of their money, for example, might constitute a crime of moral turpitude, whereas driving on an expedited driver”s license might not be.

Pereida”s Actions

Pereida”s offense was to present a fake Social Security card in order to obtain employment. The crime was certainly minor if judged by the penalty imposed–a $100 fine and no jail time. The issue, however, was whether presenting a fake Social Security card constituted a “crime of moral turpitude.”

The ambiguity here lies in the fact that the Nebraska state law Pereida was convicted of includes several distinct offenses. Some of these offenses require the defendant to have an “intent to deceive* to be guilty, while other offenses that are also called criminal impersonation” do not require an intent to deceive.

Pereida’s criminal record did not indicate whether or not his conviction required a finding of an intent to deceive. This is critical because under US immigration law, a criminal offense that requires a finding that the defendant had an “intent to deceive” counts as a crime of moral turpitude, and would thereby result in a denial of Pereida’s application.

The Supreme Court ruled that the party seeking relief from deportation bears the burden of proving that they are eligible for that relief. Since Pereida’s criminal record did not indicate whether intent to deceive was a necessary element of the crime, there was no way for Pereida to meet this burden. Consequently, Pereida lost his appeal and his application for cancellation of removal was denied.

A Disturbing Precedent

Because this case was decided by the highest court in the land, it sets a precedent for future cases that can only be overturned by the Supreme Court itself. Even the Supreme Court is unlikely to overturn its precedent, however, unless its composition changes significantly.

In the future, then, this case establishes a rule that the immigrant bears the burden of proving that the crime they were convicted of does not constitute a crime of moral turpitude. In many cases, especially with state law charges, this is likely to prove an impossible task.

The Court’s decision, however, can be effectively reversed without waiting for the Supreme Court to overturn its own precedent. Since the decision was based on the Supreme Court’s interpretation of a federal statute (the Immigration and Nationality Act), Congress can evade Pereida v. Wilkinson by simply changing the wording of the statute.

Until then, immigrants with criminal records are going to face a much more difficult time obtaining the cancellation of removal.

Canadian and Mexican citizens can get employment in the United States under The North American Free Trade Agreement (NAFTA). One of the available occupations to apply for is the Architect profession.

The complete list of NAFTA professions you can find here.

Architects work on planning and designing different structures, like houses, factories, office buildings, etc.

Occupational Outlook Handbook (OOH), published by the U.S. Department of Labor, lists job duties that are typical for architects:

1. Communication with clients to determine requirements
2. Predict costs and budget
3. Give instructions to people who work on documents and drawings
4. Work on scaled drawings
5. Provide and manage all the necessary contract documentation for contractors
6. Monitor the workplace to make sure that work is performing following the plan
7. Marketing activities that lead to a new work

There are no specific TN visa regulations that establish which degrees are suitable for the architect category, so the guidance can also be found in the OOH.

To be qualified to obtain a TN visa as an architect, the nonimmigrant has to earn and prove one of the following:

1. Bachelor’s degree or Licenciatura Degree
2. State License or Provincial License

State or a provincial license presents any document issued by a state, provincial, or federal government, as the case may be, or under its authority, but not by a local government, that permits a person to be engaged in a regulated activity or profession.

Additional requirements that TN nonimmigrants have to submit are:

1. Proof of Mexican or Canadian citizenship;
2. A proof of the job offer written as the employer’s letter of support, with all job details;
3. A proof that a nonimmigrant does not have the intention to stay in the U.S. after the TN visa expires.

How to seek admission as a TN nonimmigrant?

Canadian citizens can apply with all required documentation to the U.S. Customs and Border Protection (CBP) officer at the U.S. Port of Entry since they are not required to obtain a visa first. It is also possible to apply at a pre-flight inspection or an airport after arriving in the United States.

On the other hand, Mexican citizens should apply at the U.S. embassy or consulate in Mexico. After the TN visa is approved, they can seek admission at the U.S. Port of Entry.

Both Canadian and Mexican citizens can file the online I-129 petition with USCIS.

What are the possible issues?

To be eligible to apply for TN visa status as an architect, a person must be licensed. This can be inconvenient since a licensure period can last for years. However, it is possible to obtain a TN visa and work in the field of architecture even if a person is not licensed. In this case, the condition that has to be fulfilled is that an unlicensed architect has to work under the supervision of the licensed one. Also, it is crucial to check the architecture laws and regulations of the state where the job is before applying because not all the titles for the unlicensed architect fall under the architect TN category.

The dismantling of the Trump administration´s restrictive immigration policies began on January 20, 2021, the day that Joseph Biden was inaugurated as the 46th President of the United States. Below is a summary of some of the new Biden administration´s immigration-related reforms immediately following Inauguration Day.

January 20, 2021 Executive Order: “Revision of Civil Immigration Enforcement Policies and Priorities”

On his inauguration day, President Biden revoked a Trump executive order entitled “Enhancing Public Safety in the Interior of the United States.” This order expanded the classes of undocumented workers prioritized for deportation, withheld many federal grants from “sanctuary cities”, and provided for the hiring of 10,000 new ICE officers. All of these initiatives have been repealed by Biden’s Inauguration Day executive order

January 20, 2021: DHS Memorandum: Review of and Interim Revision to Civil Immigration Enforcement and Removal Policies and Priorities

Also on Inauguration Day, the Department of Homeland Security (DHS) set forth certain specified enforcement priorities for ICE, which it supervises. These priorities include;

• Migrants who pose a credible threat to national security, such as terrorists (but not including most common criminals);
• Recent migrants who arrived in the United States on or after November 1, 2020.
• Migrants who have been convicted of an “aggravated felony” and who represent a threat to public safety.

This memorandum superseded six previous DHS memoranda issued during the Trump administration. It also implemented a 100-day suspension of deportation for many migrants. This suspension, however, has run into trouble in the courts and is not in effect at the time of this writing.

January 20, 2021: Presidential Proclamation “Termination of Emergency With Respect to the Southern Border of the United States and Redirection of Funds Diverted to Border Wall Construction”

This Proclamation halted the construction of Trump’s famous border wall in the midst of its construction. The Biden administration has not yet decided what to do with the portions of the wall that have already been built. Biden has suggested that he may take a multi-pronged approach to border security that includes the existing portions of the border wall together with other physical barriers, additional border officers, improved technology, and the use of airplanes, boats, and submarines.

January 20, 2021; Proclamation on Ending Discriminatory Bans on Entry to The United States

This proclamation revoked the Trump administration ban on immigraton from Iran, Libya, Somalia, Syria, Yemen, Venezuela, North Korea, Belarus, Burma, Eritrea, Kyrgyzstan, Nigeria, Sudan and Tanzania.

January 25, 2021 Executive Order: “Ensuring the Future Is Made in All of America by All of America’s Workers”

This executive order revoked the Trump administration’s executive order “Buy American and Hire American”, which slapped unprecedented restrictions on the H-1B employment visa program. One aspect of the Trump administration executive order that the Biden administration might bring back to life is an attempt to increase the wages of H-1B workers and allocate visas to more qualified applicants.

This would help immigrants who were granted visas, but might also have the effect of freezing out less qualified immigrants.

February 2, 2021 Executive Order: “Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans”

This executive order operates more as a statement of intent than a concrete policy declaration. It directs the Secretary of State, the Attorney General, and the Secretary of Homeland Security to review existing agency actions, policies, etc. that impact immigration, identify those that conflict with Biden administration goals, and recommend ways to revoke or amend any effects that operate in derogation of these goals.

February 11, 2021, DHS Announcement: Termination of the “Remain in Mexico” Policy

The Trump administration initiated the so-called “Remain in Mexico” policy with respect to Central American migrants, with the consequence that massive tent cities sprang up on the southern side of the US border with Mexico.

The termination of this program means that about 25,000 migrants will be able to register for asylum interviews in the United States and wait in the US for their claims to be Biden Administration.

February 18, 2021: The US Citizenship Act of 2021

The US Citizenship Act of 2021 was drafted to be the centerpiece of the Biden Administration’s immigration reforms. Presented to Congress on February 18, 2021, it is comprehensive legislation that covers almost every major aspect of US immigration law and policy.

Although much of it is given little chance to pass through a divided Congress, it seems almost certain that parts of it will become law.

Certain parts of this bill reflect a profound change in approach to immigration, It contemplates, for example, attacking the root causes of immigration by providing aid to El Salvador, Guatemala, and Honduras on the condition that they work to eradicate corruption, violence, and poverty that are driving their populations to the US border.

Citizens of Canada and Mexico who want to work in the United States can apply for a TN Visa under The North American Free Trade Agreement (NAFTA). It is possible to work under the Physician category as a teaching or a research physician.

The complete list of NAFTA professions you can find here.

Physicians work on treating different injuries and illnesses. They track medical history, perform various examinations, define medical therapy and prescribe medicines, run diagnostics and do counseling about healthy lifestyles. More information about general job duties is available in the Occupational Outlook Handbook (OOH) issued by the U.S. Department of Labor.

The previous agreement between Canada and the United States offered Canadians the possibility to practice direct patient care activities. However, that is not the case under NAFTA, and a Physician is unable to practice medicine or to perform patient care activities under the TN visa. This category applies only to the positions of teaching in medical schools or research programs.

However, it is possible to be engaged partially in patients care activities under the condition that this activity is crucial for the Physicians teaching or research work and that patient care activities take no more than 10% of time spent on job duties.

Additionally, the decision is made based on several factors such as compensation for medical services, how much the salary is offered in teaching or research, how many regular patients will be there, etc.

Eligibility to obtain a TN visa as a Physician seeks from petitioner to fulfill some educational requirements. For details about required education, we can refer to the OOH. Petitioner has to obtain and provide evidence of one of the following:

• Doctor of Medicine (M.D.)
• Doctor en Medicina
• State / Provincial license.

State or a provincial license presents any document issued by a state, provincial, or federal government, as the case may be, or under its authority, but not by a local government, that permits a person to be engaged in a regulated activity or profession.
States may have different license regulations, in which case the petitioner has to provide the state-required license.

Additional requirements that TN nonimmigrants have to submit are:

• Proof of Mexican or Canadian citizenship (passport);
• A proof of the job offer written as the letter of support by the employer, with all job details;
• A proof that a nonimmigrant does not intend to stay in the U.S. after the TN visa expires.

How to seek admission as a TN nonimmigrant?

Canadian citizens should apply with all required documentation to the U.S. Customs and Border Protection (CBP) officer at the U.S. Port of Entry. They are not required to obtain a visa first. It is also possible to apply at a pre-flight inspection or an airport after arriving in the United States. The decision is immediate.

On the other hand, Mexican citizens should apply at the U.S. embassy or consulate in Mexico. After the TN visa is approved, they can seek admission at the U.S. Port of Entry. Both Canadian and Mexican citizens can file the online I-129 petition with USCIS.

If Physicians want to work full time at direct patient care, they should consider applying for an H-1B visa instead of a TN visa.

President Biden will reinstate portions of the Central American Minors Program (CAM) that were cancelled by the Trump administration CAM was originally established by the Obama administration in November 2014, in response to family separations among immigrants from Central America.

CAM was designed to facilitate family reunifications of migrants from El Salvador, Guatemala, and Honduras, either in refugee status or under a temporary parole program.

All told, over 3.000 migrants have used one of these two pathways to enter the United States. The parole arrangement, however, was canceled by the Trump administration in August 2017, citing fears that the program could assist the spread of Central American gangs such as MS-13. Nevertheless, the CAM program still allows qualifying applicants to enter the US in refugee status.

Reinstituting the Parole Option

The US State Department’s Bureau of Population, Refugees, and Migration (PRM) is working together with the Department of Homeland Security to reinstitute CAM´s parole option for those who do not qualify for refugee status. One of the primary motivations for doing so is to discourage migrants from undertaking the dangerous journey over the US’s southern border.

The reopening will occur in two phases. First, immigration authorities will adjudicate suspended applications that were canceled by the Trump administration. The USCIS will notify parent applicants to determine if (i) they are still lawfully present in the US, and (ii) if they would like to re-open their cases.

Next, PRM will work through its Resettlement Support Center in El Salvador to contact the child and parent beneficiaries from El Salvador, Guatemala, and Honduras to re-institute case processing that was suspended in 2017. Finally, PRM and the USCIS will begin accepting and processing new applications.

Eligibility Requirements

Unless the Biden administration changes the rules, you will need to meet the following requirements to qualify as a qualifying parent, a qualifying child beneficiary, or parent beneficiary under the CAM program.

Qualifying Parents

To bring a qualifying child to the United States under the CAM program, you must be at least 18 years old, and you must be physically present in the US. Your presence in the US must be based on one of the following immigration categories::

• Lawful permanent resident;
• Deferred Action;
• Deferred Enforced Departure;
• Parole;
• Temporary Protected Status; or
• Withholding of Removal.

In any case, your presence in the US must be lawful at the time you submit your application.

But what if you are the qualifying child’s other parent? Suppose, for example, that the child’s mother files a CAM application on behalf of her child, and you are the child’s father. You can also qualify for parole into the United States, as long as:

• You are part of the same household as the qualifying child; and
• You are legally married to the qualifying parent, both at the time the CAM Affidavit of Relationship is filed, and at the time you arrive in the US.

A CAM Affidavit of Relationship, known as DS-7699, is a US State Department form that allows you to prove your qualifying relationship (parent/child or spouse/spouse).

Child Beneficiaries

To enter the US as a qualifying child, you must meet the following requirements:

• You must be the child of a qualifying parent, as defined above. It is fine if you are a stepchild or an adopted child. Your qualifying parent must apply on your behalf.
• You must be under 21 years of age.
• You must be unmarried.
• You must be a citizen or national of El Salvador, Guatemala, or Honduras.

Re-establishment of the CAM parole program is expected to begin sometime in March 2021 with respect to the re-opening of suspended applications. The acceptance of brand-new applications, however, is likely to be delayed until some time in the spring of 2021.

Citizens of Canada and Mexico can work in the United States under The North American Free Trade Agreement (NAFTA). This treaty allows petitioners to seek admission for TN Visa under certain occupation categories. One of the suitable occupations is a Registered Nurse.

The complete list of NAFTA professions you can find here.

Registered Nurses work on providing and managing patient care. Guidance for determining general job duties is in the Occupational Outlook Handbook (OOH) issued by the U.S. Department of Labor.

Typical duties are:

• Get familiar with the patients` conditions,
• Document medical history and observations,
• Distribute prescribed medicines and medical treatments,
• Participate in care planning,
• Communicate and cooperate with other healthcare individuals,
• Participate in diagnostic tests and analysis,
• Provide information for patients and families on how to behave during illness or injuries.

To qualify for admission to obtain a TN visa as a Registered Nurse, the petitioner should fulfill some educational requirements. Petitioner has to obtain and to be able to provide evidence of one of the following:

• State or Provincial License; or
• Licenciatura Degree.

State or a provincial license presents any document issued by a state, provincial, or federal government, as the case may be, or under its authority, but not by a local government, that permits a person to be engaged in a regulated activity or profession.

Additionally, petitioners have to obtain a Health Care Worker (Visa Screen) certificate, approved by the United States Department of Homeland Security (DHS) for credential validations. Verification refers to education, all licenses, registrations, diplomas, experience, and English proficiency.

Optionally, nurses can provide a certified statement from the Commission on Graduates of Foreign Nursing Schools (CGFNS) or verification that the applicant has passed the National Council Licensure Examination (NCLEX). If the petitioner provides an alternative certified statement CGFNS, he or she is exempt from the English language requirement.

Additional requirements that TN nonimmigrants have to submit are:

• Proof of Mexican or Canadian citizenship (valid passport);
• A proof of the offer of employment written as a letter of support, with all job details, such as title, description, and salary;
• A proof that a nonimmigrant does not intend to stay in the U.S. after the TN visa expires.

How to seek admission as a TN nonimmigrant?

Canadian citizens should apply with all required documentation to the officer of the U.S. Customs and Border Protection (CBP) at the U.S. Port of Entry. They are not required to obtain a visa first. It is also possible to apply at a pre-flight inspection or an airport after arriving in the United States. The decision is immediate.

On the other hand, Mexican citizens should apply at the U.S. embassy or consulate in Mexico. After the TN visa is approved, they can seek admission at the U.S. Port of Entry. Both Canadian and Mexican citizens can file the online I-129 petition with USCIS.

What else is to know when applying for a TN Visa for a Registered Nurse?

If the petitioner has a spouse or minor children, they can also apply for TN visa status and join the petitioner in the United States. Required documentation is:

• A valid passport
• A proof of their relationship to the nurse (marriage certificate or birth certificate)

In theory, nurse practitioners fall under the Registered Nurse category. However, it is a common issue that border inspectors deny their application for TN visa status. Therefore, we recommend preparing additional documentation and strong arguments on how the TN visa eligibility requirements are met in a specific case.