On March 30, 2022, U.S. Citizenship and Immigration Services (USCIS) extended until July 25, 2022, for COVID-19 reasons, the response time for certain Requests for Evidence (RFEs) and other similar response-based notices and requests, and also filing date requirements for the Type I-290B form.
In this article, we provide the specifics of this Biden Administration decision.
Summary of the Decision
Due to the COVID-19 pandemic, U.S. Citizenship and Immigration Services (USCIS) is extending the response time for certain applications, notices, and agency decisions until July 25, 2022 to assist applicants, petitioners. We anticipate that this could be the last extension of these flexibilities. USCIS will consider a response given within 60 calendar days after the due date indicated in the following requests or notices before taking any action, if the issue date listed on the request or notice is between March 1, 2020 and July 25, 2022.
What are the basic points of the decision?
The administration’s decision to extend the response time for certain requests, notices, and agency decisions revolves around 4 basic points. These points are:
- USCIS is again extending the time to respond to certain requests, notices, and decisions due to COVID-19 until July 25, 2022.
- USCIS first announced COVID-19 flexible measures on March 20, 2020
- This applies to the response time allowed for certain applications, notices, and decisions issued from March 1, 2020 through January 15, 2022.
- USCIS will receive responses to eligible requests, notices, and decisions within 60 calendar days of the response deadline before taking any action.
What documents are affected by this decision?
Flexible action applies to the following documents:
- Requests for Evidence ;
- Suite to Request Evidence (N-14);
- Notice of Intent to Deny ;
- Notice of Intent to Revoke ;
- Notice of Intent to Cancel ;
- Notice to terminate regional centers ;
- Motions to reopen an N-400 in accordance with 8 CFR 335.5, Receipt of waiver information after grant.
In addition, USCIS will review a Form N-336, Request for Hearing on a Decision in a Naturalization Proceeding, or a Form I-290B, Notice of Appeal or Petition, provided that a decision was made between March 1, 2020, and January 15. 2022, and the form was filed within 60 days of the date the agency issued its decision.
What do employers and applicants need to know?
Before taking any action, USCIS will review responses to the above requests and notices received within 60 calendar days of the response deadline specified in the request or notice.
History of USCIS notices on this flexibility since March 2020.
USCIS is extending its flexibility to respond to agency requests on December 30, 2021
USCIS extends flexibility to meet agency requests September 24, 2021
USCIS extends flexibility to meet agency requests June 24, 2021
USCIS expands flexibility to meet agency demands March 24, 2021
USCIS expands flexibility to meet agency demands January 28, 2021
USCIS expands flexibility to meet agency demands September 11, 2020
USCIS expands flexibility to meet agency demands July 1, 2020
USCIS expands flexibility to meet agency demands May 1, 2020
USCIS expands flexibility to meet USCIS requests March 30, 2020
USCIS announces flexibility in requests for evidence and notices of intent to deny March 27, 2020.
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Content
- Introduction
- The Four Pathways to Citizenship for Undocumented Immigrants
- Employment-Based Visa Reforms
- Other Immigration Reforms
- What the Bill Leaves Out
- Will the Bill Become Law?
Introduction
The Trump administration brought the US immigration system to a standstill during the waning days of his presidency, especially for Dreamers, TPS holders, asylum seekers and other vulnerable immigrants.
Joe Biden´s election to the White House, however, promises to restore humanity and American values to our immigration system. On February 18, 2021, President Biden submitted the US Citizenship Act of 2021 bill to Congress. If Congress approves it, the bill will reform much of the Trump-era immigration system and create four new pathways to citizenship that could benefit up to 11 million individuals.
The Four Pathways to Citizenship for Undocumented Immigrants
You must meet certain threshold requirements set forth in the bill before you can avail yourself of any of the four new pathways to citizenship. These requirements are as follows:
- You must have been physically present in the United States on January 1, 2021,
- You must have continued your presence until the approval of your permanent residence application, with no interruptions except for travel under advance parole or certain other exceptions.
- If immediately after three years of continuous physical presence in the United States, you left the US voluntarily or by deportation between January 20, 2017, and December 31, 2020, you can seek a waiver of the above requirements based on humanitarian, family reunion, or US national interest grounds.
The four new pathways are typically not available if you were a permanent resident, refugee, asylee, or lawful nonimmigrant on January 1, 2021. Keep in mind, however, that you might be able to use other aspects of the immigration system to obtain permanent residence based on your legal status. Certain spouses and children of eligible intending immigrants can also seek permanent residence under the bill´s new pathways.
Fringe Benefits of the New Immigration System
If you qualify under the foregoing standards, you will enjoy the following fringe benefits:
- You will not be subject to any numerical quota.
- You may remain in the United States until the authorities have made a final decision on your application. In other words, you will not be deported or told to wait abroad until your immigrant visa is approved.
- You can work in the US while your application is being adjudicated.
- You can travel abroad while your application is being adjudicated, by applying for and receiving advance parole, This will allow you to pass through US ports of entry without an immigrant visa.
Once you know that you qualify under the above-listed threshold requirements, and you know that you will enjoy fringe benefits such as work authorization and advance parole, you will be able to select which immigration pathway to citizenship you qualify for under the new bill, and you can target your application accordingly.
Pathway # 1: “Lawful Prospective Immigrants”
If you qualify under the threshold requirements of the bill, you will be able to seek Lawful Prospective Immigrant status. Under this status, you will be allowed to remain in the US in six-year renewable increments. Although you will not be counted as a lawful permanent resident, you will be able to work, study and purchase health insurance. You will also be able to travel abroad for up to 180 days and return without prior authorization, and you will be able to receive a Social Security number.
Five years after you are granted lawful prospective immigrant status, you will be eligible to apply for lawful permanent residence (a green card), unless you have left the United States for 180 days in a row during that time.
Under the new bill, even individuals who have been abroad for more than 180 days will not be prevented from applying for green cards if it was authorized in advance or if it was due to circumstances beyond their control. Lastly, applicants must be current on their federal income tax obligations to qualify for green cards.
Pathway #2: DACA Dreamers (Childhood Arrivals)
If you arrived in the United States as an undocumented child immigrant, you likely know what it´s like to live in constant fear of deportation to a country you might barely remember and whose language you might not even speak. Public sympathy has always been with you, but the Trump administration´s attitude was hostile.
While the Obama administration granted temporary DACA (Deferred Action for Childhood Arrivals) benefits to temporarily keep “DACA Dreamers” in the United States, the Trump administration ordered a phase-out of DACA protections. Only judicial action was able to delay this phase-out, and only the election of Joe Biden prevented it from happening.
The immigration system created by the US Citizenship Act of 2021 bill would put DACA Dreamers and others who entered the US as children on a pathway to citizenship. If you arrived in the United States before your 18th birthday, whether or not legally and whether or not accompanied by an adult, the new bill will allow you to become a permanent resident if:
- You have graduated from high school or obtained a high school equivalency certificate;
- You registered for the Selective Service (if you are required to do so); and
- You have either (i) completed at least two years of postsecondary level education, (ii) served in the US armed forces for at least two years, or (iii) have earned income for at least three years or at least three-fourths of the time you have been authorized to work in the United States.
The new bill would allow those who already hold DACA status and are eligible to renew their status to apply for green cards immediately. In almost all cases, spouses and children are also eligible to immigrate.
Pathway #3: Temporary Protected Status and Deferred Enforced Departure
You might have been granted Temporary Protected Status (TPS) or Deferred Enforced Departure (DED) if you were in the US when an armed conflict, political unrest, or a disaster occurred in your home country. TPS and DED are special protections, based on humanity and American values, that allow you to remain in the US legally until the extraordinary conditions in your home country subside. By itself, it does not allow you to apply for permanent residence.
The US Citizenship Act of 2021 bill will allow you to obtain permanent residence as long as:
- Your current presence in the US is justified by TPS or DED;
- You have been living in the US continuously since January 1, 2017; and
- You were eligible for TPS or DED on January 1, 2017.
Your spouse and children will be eligible to immigrate with you.
Pathway #4: Agricultural Workers
You can obtain permanent residence if you meet the threshold requirements above, and if you worked at least 2,300 hours or 400 days performing agricultural labor in the United States, Unlike the other three pathways, you do not need to have entered or remained in the US illegally to qualify. You can become a green card holder under this pathway for example, if you worked legally in the US under the H-2A non-immigrant visa program. Your spouse and children can immigrate with you.
Employment-Based Visa Reforms
The second most significant set of reforms contained in the US Citizenship Act of 2021 is its modification of the employment-based visa system that offers green cards for workers. Some of these reforms include:
- Removal of per-country quotas on employment visas. Per country restrictions are often ludicrous–under the current regime, for example, Indians seeking second preference employment-based immigration to the US face a wait of 150 years!
- The Department of Homeland Security would enjoy greater flexibility in adjusting annual caps on certain types of employment visas. Unused visas from previous years would also be added back in to increase an existing cap.
- Child dependents who accompany a parent to the US under an employment visa (including H 1B) will no longer “age out” of the system. Currently, the age limit at the time of the last visa extension is 21.
- The paperwork involved in obtaining an employment-based visa, especially in the employment verification process for applicants holding advanced STEM degrees from US universities, would be reduced.
- Extending “dual intent” status to the F-1 student visa to allow STEM students graduating from U.S. universities to apply directly for permanent residence.
- Increasing the annual quota for EB-3 immigration visas from 10,000 to 40,000 for workers who are neither skilled nor professional workers. This move will benefit workers in lower-wage positions, and will also protect these workers from exploitation.
- Cease the current practice of counting spouses and children towards any remaining employment-based visa caps.
- Allow spouses and children of H-1B workers to obtain employment in the United States.
- Create a new employment-based visa program that recruits foreign workers for local and regional economic improvement projects, subject to a cap of 10,000 visas per year.
Other Immigration Reforms
The immigration reform represented by the Citizenship Act of 2021 goes further than opening up new pathways to citizenship. Following is a description of some of its other immigration reforms.
Family Visa Reform
The primary family-based visa goal of the US Citizenship Act of 2021 is to reduce the backlog for these types of visa petitions. The Citizenship Act will seek to accomplish this by:
- A new family unity exception: Allowing individuals who are waiting abroad for their visa priority date to become current to wait in the United States if they have approved family members here. This will greatly assist immigrant families that have been torn apart by Trump administration policies.
- Increasing country-based visa quotas.
- Reinstating the Central American Minors Program, which allows parents residing legally in the US to request that their children living in certain countries in Central America (Guatemala, Honduras, or El Salvador ) be temporarily admitted to the US. It will also expedite family reunification under the Central American Family Protection and Reunification Act.
National-Origin Based Discrimination
The Citizenship Act incorporates the National origin-based Anti-Discrimination Act for Nonimmigrants (the “NO BAN” Act) into its immigration system. This law would ban the type of executive order issued by former President Trump that barred the entry of immigrants based on their citizenship in certain predominantly Islamic countries.
Permission from Congress (in the form of repeal or amendment of the law) would be required to bar anyone from entering the United States based on race, religion, or citizenship, no matter who occupies the White House.
Bureaucratic Reforms
The US immigration system is clogged, inefficient, and in the eyes of many, broken. The Citizenship Act would add immigration courts, immigration judges, and USCIS adjudicators in an effort to reduce immigration and citizenship backlogs.It will also provide funding for private local programs that will benefit immigrant families.
Border Security
The Biden administration will seek to enhance border security, not so much through the use of a wall on our southern border as through smart border screening and aggressive pursuit of criminal organizations that smuggle people across the border.
The bill will reform US Customs and Border Protection (CBP) agent training curricula to add additional requirements for professionalism and to develop consistent standards of treatment for those detained by the CDP. It will also emphasize a more aggressive investigation of alleged misconduct by US immigration officials. Finally, it will take steps to protect border communities and immigrant families.
Addressing the Root Causes of Migration
The Citizenship Act bill allows for the provision of up to $4 billion in assistance to Guatemala, El Salvador, and Honduras. The aid contemplated by the bill is designed to reduce the corruption, poverty and violence that are the root causes of migration to the United States from Central America. The bill will also create processing centers that will allow citizens of these nations to apply for resettlement in the United States and elsewhere.
Asylum Reform
Applicants for U visas (crime victims) and T visas (victims of human trafficking) and applicants under the Violence Against Women Act (VAMA) will enjoy streamlined procedures under the bill that are designed to expedite applications.
Diversity Green Cards
The Citizenship Act bill raises the cap on diversity green cards (from the visa lottery) by 25,000, to 80,000 per year.
What the Bill Leaves Out
While the Citizenship Act bill is fairly comprehensive, it still manages to ignore important issues. In particular, the bill fails to adequately address the root causes of migration, and it does not adequately reform the nonimmigrant employment visa system.
For most employment-based immigrants, citizenship is the culmination of a long process that began in their home countries with the issuance of a temporary nonimmigrant visa. It is the unavailability of nonimmigrant employment visas, which the bill does little to address, that forms a bottleneck for a great number of otherwise qualified applicants.
New Employment Visas
Commendably, the bill does increase overall visa caps for several employment-based visas. What the bill does not do is create new visas for highly skilled immigration, or loosen many of the restrictive requirements for qualifying for the visa categories that do exist.
The US would do well to emulate countries like Canada and Australia, which have created new startup or entrepreneur visas. The US has benefited greatly from its status as a magnet for the world´s best and brightest, which has helped to grow our economy (think of Elon Musk, for example). With conditions improving in countries like China and India, there is a need to loosen restrictions in order to attract potential immigrants from those countries.
Will the Bill Become Law?
Conventional wisdom is nearly unanimous–the Citizenship Act bill will probably not be passed by Congress in its present form. A pared-down version of the bill is likely to make it through Congress at some point, though.
President Biden is unlikely to get everything that is contained in the bill. With a bit of luck and skillful political maneuvering, however, he might be able to get most of it. Hopefully, President Biden´s inauguration day of January 20, 2021, will prove to be a historic day in the history of US immigration.
Comprehensive (as opposed to piecemeal) immigration reform would require a drastic overhaul of the statutory basis for immigration law, and it would require the support of both houses of Congress. At the very least, a comprehensive immigration reform bill would need to address (i) long-term legal status for undocumented immigrants; (ii) border security; (iii) the H-1B visa program; and (iv) permanent residency based on a STEM degree.
Legal Status for Undocumented Immigrants in the US
An estimated 11 million undocumented immigrants live in the United States — no other nation hosts such a large number. The question of what to do with these immigrants (deport them, tolerate them, give them green cards, or allow them to seek citizenship) has become a hot political issue, especially on the question of citizenship, ever since it became clear that recent immigrants who become citizens overwhelmingly vote Democratic.
As a consequence, Democrats such as Obama are generally more favorable to providing these immigrants with a “road map to citizenship”, while Republicans such as Trump often seek to block even green card holders from obtaining citizenship (and therefore voting rights). The divided nature of the US government ensures that resolving this issue will be a challenge.
Border Security
In tandem with the question of what do do with 11 million undocumented immigrants is the question of how to secure the US border, especially the southern border with Mexico. Although some voices call for “open borders”, this idea is unlikely to win broad political consensus any time soon. Both political parties agree on the need for border control — the differences lie in what type of controls they want and how easy they want to make it to immigrate legally.
Realistically, border security will likely be used as a political football by the Republicans — any compromises with the Democratic agenda in other areas would have to be compensated by a corresponding compromise allowing for increased border security. These compromises might not even include completion of Trump’s border wall, since it is widely whispered that the wall does little to stop or deter illegal immigration, but is rather more of a political showpeice.
H-1B Reform
Over the years, the H-1B visa has been a boon to the US economy that much of the US seems oblivious to. While other countries are complaining of the exodus of their highly skilled laborers to the US and other countries, many in the US complain that employment-seeking immigrants “come over here and take our jobs.” The flaw in this reasoning is that jobs are not a zero-sum game. Elon Musk, for example, took a job — and created thousands more.
The Trump administration has been more hostile to the H-1B visa than any other administration. The Biden administration, by contrast, is leaving many with the impression that it will treat the H-1B visa even more favorably than the Obama administration did. At this point, all we can do is wait and see.
H-1B Quotas
The most obvious reform to the H-1B program is to increase the current quota of 65,000 visas per year to over a hundred thousand, or perhaps even several hundred thousand. As a compromise, the quota could be adjusted each year within a predetermined range based on the US unemployment rate. This increase would be designed to attract STEM workers, and it could apply even if the proposed STEM visa (see below) becomes law.
Permanent Residency for STEM Workers
The US labor force, like the labor forces of most nations, suffers from a chronic shortage of STEM-trained workers and entrepreneurs. The word “shortage” is perhaps misleading, however, since no amount of STEM-trained entrepreneurs will ever be enough — more is always better.
The proposed new STEM visa, if it is actually implemented, could represent one of the greatest innovations in immigration law ever conceived of.
One way in which a STEM visa would differ from the H-1B visa is green card availability. Although H-1B visa holders are allowed to apply for green cards, the H-1B itself does not lead to permanent residence. Most H-1B applicants seeking green cards apply under the EB visa program, which is plagued with low quotas and long backlogs.
By contrast, under the proposed STEM visa, a worker would be able to obtain a green card directly from STEM visa status. In addition, under current proposals any STEM visa quota would not be subtracted from the numbers available for other types of visas such as the H-1B, but would add to the total number of skilled workers who are eligible to enter the US.
Just the Tip of the Iceberg
The foregoing is a brief description of four of our nation’s most salient immigration reform needs. Ultimately, however, it is only the beginning of what needs to be considered for a comprehensive immigration reform package. Whether comprehensive immigration reform happens any time soon, and what it will look like when it does happen, is largely up to Congress, the makeup of which is largely dependent on the US electorate.
By the time his term of office ends on January 20, 2021, Donald Trump will have reduced immigration to the United States by more than half. He has managed to accomplish all of this through executive order and regulatory changes, without any change in statutory law — and therefore no need for cooperation from Congress.
The timing of this decrease in immigration makes it obvious that nowhere near all of it can be attributed to the COVID-19 crisis.
The administration has erected so many walls against immigration, both literally and figuratively, that it would be impossible to list them all succinctly. All told, Trump issued more than 400 executive orders and actions, each of them with significant impact. Some of the highlights (or, perhaps better put, lowlights) are listed below.
Border Control Measures
The Trump legacy begins at the US border. Some of the administration’s more objectionable policies include:
- Implementing a “Muslim travel ban” under which nationals of Iran, Libya, Somalia, Syria, Yemen, North Korea, and Venezuela were banned from entering the US on the basis of nationality alone;
- Closing the land border with Mexico, ostensibly for the purpose of preventing the spread of COVID-19;
- Placing detained undocumented immigrants in cages; and
- Separating parents from their children at the border (since rescinded after a public outcry).
Asylum
Asylum claims have been rapidly increasing since before Trump took office. The Trump legacy, however, includes:
- Rendering migrants ineligible for asylum at the border — they must apply for asylum en route to the US;
- Implementing the “remain in Mexico” policy that required asylum applicants to wait in Mexico while their asylum claims were being adjudicated (resulting in tent cities popping up on the Mexican side of the Rio Grande river);
- Entering into agreements with Central American countries (from which most recent asylum seekers originate) erecting barriers to asylum claims. and
- Ending Temporary Protected Status for nationals of Haiti, Nicaragua, and Sudan;
All told, these measures eliminate asylum as an option for most of those who seek it.
Refugee Admissions
The Trump years have also been dismal for refugees:
- Refugee admissions dropped to a little over 20,000 in 2018, slightly less than a quarter of the number admitted in 2016, and the lowest since the modern refugee program began in 1980.
- Trump also lowered the refugee admission ceiling to 18,000.
- Refugee admissions in the first half of 2020 plummeted to 7,754.
Interior Enforcement
Trump’s immigration initiatives did not stop at the border. Despite the Obama administration’s prioritizing of the apprehension of undocumented aliens with criminal records, Trump issued an executive order targeting all undocumented undocumented immigrants, even those not suspected of criminal activity. As a consequence, 36 percent of the undocumented immigrants arrested had no prior criminal record, compared to 14 percent in 2016.
Other actions taken by the Trump administration include:
- Assigning hundreds of Border Patrol and ICE agents to ten “sanctuary cities” to apprehend undocumented immigrants;
- Conducting 24/7 surveillance operations around the homes and workplaces of undocumented immigrants (since rescinded due to the COVID-19 pandemic);.
- Packing the nation’s immigration courts with anti-immigration judges, who have acted so aggressively that a backlog of more than 1 million cases has built up in the immigration court system;
- Increasing the number of deportation orders by nearly 50 percent; and
- Allowing private, profit-seeking companies to manage immigration detention centers, resulting in widespread reports of human rights violations.
DACA (Deferred Action on Childhood Arrivals)
The Obama administration offered forbearance to undocumented immigrants who arrived in the US as children. The Trump administration has offered them little more than hostility by canceling DACA protections, thereby putting immigrants who arrived in the US as children in danger of deportation.
This hostility has affected up to 500,000 undocumented immigrants. Even after the courts thwarted this policy, the Trump administration instituted a policy of denying all first-time applications and granting renewals for only one year at a time.
Modified “Public Charge” Rule
The Trump administration has strengthened the “public charge rule”, making it much easier to deny immigration benefits, including permanent residence, to an applicant based on poverty or use of public benefits. The new rules are so onerous that the Migration Policy Institute (MPI) estimates that nearly 70 percent of green card applicants are now at risk of denial on public charge grounds alone.
In addition to the foregoing innovation, the Trump administration has also ramped up enforcement of financial support commitments made by US sponsors of immigrants.
International Students
The Trump administration has initiated several unprecedented policies that make it more difficult for international students to study in the United States, including:
- Refusing to allow international students attending schools that hold classes entirely online (due to COVID-19 concerns) to be issued a nonimmigrant visa, to even enter the US to study, or to remain in the US for the “duration of study” period of the F-1 student visa.
- Placing barriers that make it difficult for international students to work in the US after graduation (articularly in H1B status), thereby deterring them from coming to the US in the first place; and
- Turning down a large proportion of F-1 (student) visas, especially for students from China.
Nonimmigrant Visas
The USCIS and the Department of Labor have increased their scrutiny of nonimmigrant applications for employment-based visas, including both the H-1B and the L-1, among others. Denials of H-1B nonimmigrant visa applications, for example, have more than doubled.
The Trump administration has also narrowed the scope of eligibility for the visa. Entry-level computer programmers, for example, normally do not qualify for H-1B status any longer.
Other hostile measures include:
- Eliminating deference to prior approvals, so that H-1B applicants don’t face an easier approval process the second time around; and
- Suspension of Premium Processing services, thereby increasing average wait times.
Employment-Based Immigrant Visas
The Trump administration’s hostility towards employment-based immigrant visa applicants (many of whom are highly qualified) is reflected in recent policy adjustments:
- Interviews are now mandatory, regardless of whether the applicant is seeking a visa abroad or is seeking to adjust status within the United States;
- The minimum investment amount for EB-5 applications (green card through capital investment) has been increased from $1 million to $1.8 million for investments in most of the US, and from $500,000 to $900,000 for investments in “targeted employment areas.:
It is worth repeating that the above-described hostile immigration policies are just the tip of the iceberg, and that all of this was accomplished without Congressional approval. The new Biden administration can reverse some of the policies with the stroke of a pen — but others will take considerably longer to implement.
CLEVELAND – September 3, 2020
The Herman Legal Group, an immigration law firm founded in Cleveland, Ohio in 1995, is proud to announce the winner of its $1,000 Scholarship: Ms. Laura Perez Vicencio, an immigrant from Tequila, Mexico, who resides in Utah.
The Herman Legal Group sponsored this scholarship to encourage greater appreciation for undocumented immigrant workers, many of whom are valiantly working on the frontlines of COVID-19.
Ms. Perez Vicencio’s winning essay is entitled, The “I” Word, and beautifully answers the question: “What Do You Think of When You Hear the Word Immigrant?“
Here is a sample of her poignant message that resonates in these difficult times:
Growing up, my mother was a housekeeper, and dad, a construction worker. They worked hard from dusk to dawn every day. Even on the weekends, my parents would find a way to earn more income for our growing family. Going to work meant we would have a roof over our heads and not have to live in the streets….
I was happy that my parents had the jobs they did. My classmate’s parents worked hard, but not as much as mine did. I was so proud but was ashamed of saying what my parents did for a living. When asked what my parents did for a living, I was ashamed to speak the truth so instead, I would reply with “I’m not sure what they do, something that has to do with the government.”
I had no idea what that even meant but at that time, I thought it was better than saying a housekeeper or construction worker. On career days, all the parents would show up in their white coats or firefighter’s outfits. I remember being embarrassed to say that my parents were from Mexico and what my parents really did for work. I wanted to be like the others, I wanted parents who didn’t work in housekeeping or construction.
As I’ve grown, I’ve learned to love and embrace my culture. I love that I’m a dreamer, I am unique and I have a story to tell. I love that I’m from Mexico (Tequila, Jalisco to be exact). I love that I can say I’m from Tequila, where the best Tequila is made! I love what my parents do for work.
My dad can build me a house if he wanted to and my mom could teach me tips and tricks on deep cleaning my house. I’ve learned not to be ashamed of my roots but rather to be proud of where I come from. I’ve learned that my parents are not only hard workers but they are so much more. They are there to heal me when I’m sick or get hurt, they are my therapists when I need someone to talk to, they are so much more than where they come from and what they do for work. They crossed the border thinking about my future, they are self-less. They stand up from themselves when a person at the grocery store tells them to go back to their country, they are self-advocates. They are cooks, an encyclopedia, storytellers, singers, actors, and comedians and so much more.
When I hear the word Immigrant, I think of my parents. Immigrants are people who risk their lives and give everything they have. Immigrants are the persons who are willing to take their sweaters off their back only for you to be warm. They are those who work housekeeping and construction jobs only to come and have a roof over their heads. Immigrants are those who go to work every day no matter the circumstance to be able to provide for their families. Immigrants are responsible, hard-workers who sacrifice every little bit they have to make their families happy. They are taxpayers who contribute to our economy. They save lives, they are educators, mentors, and defenders of the only country they know so well. They are so much more than their place of birth and jobs, they are our heroes.
The essay scholarship attracted many outstanding essay submissions from immigrants from around the world and residing throughout the U.S. On its website, the Herman Legal Group has published the winning essay, as well as 8 runner-up essays, to help give voice to the undocumented community.
The essayists share their personal feelings about being an immigrant who contributes to the well-being of the United States, who has deep ties to the United States, and yet has no legal pathway to normalize her immigration status.
We hope these essays help stimulate a healthier conversation in the U.S. about immigration, to help humanize the “other,” and to encourage our elected officials to move on legislation that would provide an earned pathway to permanent residency, and ultimately citizenship, to the undocumented.
As you read the essays, you can’t help but feel that these folks are already Americans, but simply have no papers.
To read the inspiring stories from the contest’s finalists, see the following:
1st Runner-Up: “Recently, I went on a date with my boyfriend at my favorite spot, the local drive-in movie theater. A security guard at a drive-in was trying to tell me to either move my car from where I was parked, or to turn it off. He came off as very rude however. He made faces at me, and looked annoyed. He looked at me straight in the eyes and asked, ‘Do you even know English?’ I was shocked, since our whole conversation had been in English, I answered him, yes, I do. He asked again, and once again I answered, yes. ‘We’ve been speaking English this whole time.’ He then looked around, fully annoyed, and asked, ‘Are you even from America?’ I told him no, I wasn’t. He looked mad now, no longer annoyed. I can’t really explain the look on his face, but it made be scared….I cried a lot. I called my boyfriend, who was meeting me there, and lost it, becoming a tearful mess. I had never felt so out of place before. Looking around, it looked like I was the only person of color at the drive-in.” (Oklahoma)
2nd Runner-Up: “It wasn’t until I moved to Washington, DC, when I gathered the courage to tell the truth. Surrounded by the George Washington monument, and other statues, I realized that none of it belonged to me. I felt like a coward cadging in my identity as an immigrant…that seemed to paralyze me.” (Puerto Rico)
3rd Runner-Up: “The success of a species corresponds with genetic diversity. The more variety in the DNA pool the easier it is to find a niche and can facilitate adaptation. I believe that the mind works in the same way; with a wide range of ideas and knowledge of different cultures, one will have an easier time navigating life’s trials. If we invite immigrants to enter our inner circles we have an amazing opportunity to learn and expand our toolset. We could learn to code-switch in an instance, navigate through foreign menus, have interesting conversations, and many more.” (Utah)
4th Runner-Up: “Every day I am haunted by a ghost. Every night he whispers into my ears. He speaks of my triumphs, my failures, my joys, my sorrows. He is the dry air on a warm summer’s day, unstained by the foreign humidity of America. He is the moon in the sky, the same moon that made me dream of astronauts and whimsical science fiction as a child. He sowed the seeds of what grew to be my passion for engineering and computer science. He is the shadows in the corners of my alien suburbia that dredge up memories of running through streets in my hometown’s evenings. He is my best friend’s hazel eyes, the color of those of my first love from a lifetime ago. He is the numb shock of hearing about others’ tragedy, and the bittersweet delight of hearing about my friend’s dreams. When I look at him, he has retained his youth despite my advancement of years. His impish face used to taunt me, with his self-assured smile taunting my insecurities. When I first came to America, he was my twin, but now he is a stranger. I am not the only one haunted by ghosts. They haunt all refugees and asylees. When one is violently separated from the familiarity of life others take for granted, a divorce of the spirit occurs. Life is fractured into pieces” (Virginia)
5th Runner-Up: “I avoid the word. Outwardly, I am proud to be one and even prouder to be the daughter of two. Inwardly, I am confused. I can’t pinpoint what I feel or think of when I hear the word, because I’ve never been able to clearly define it for myself. Regardless, it’s a part of who I am and an even larger part of how I live. I am an immigrant. I didn’t have a choice in coming to America. When my parents brought me here at the age of three years old, my Philippine umbilical cord was cut. I was torn from my motherland… I harbor fear and resentment at the word because I didn’t know my status until Obama was in office. I vaguely understood that we had immigrated and that we weren’t citizens, but my parents kept everything secretive…My parents told me that I couldn’t tell anyone. It was a big secret that I fearfully bottled up. … I think it was slow to sink in because I didn’t realize the impact that it had on my life. I knew I was an immigrant like I knew my skin was brown. One day, it just hits you. Maybe it was when I tried to apply for work and they asked for my green card. Maybe it was when my sister tried to apply for college and couldn’t. Maybe it was when my dad was swept up and arrested… At some point, I no longer saw myself as a regular kid growing up in my hometown. I was an “alien”. I was no longer openly accepted into society, I had to stay safe. People have power over me in ways that I can’t control. I lived almost my entire life in America, but I wasn’t American. The future I had dreamed of no longer existed. Everything I thought I understood was now questionable, and nothing seemed to be reality anymore. Before DACA, I went through a battle with drugs, depression, and sexual trauma. I had felt lost and alone, floating around.” (California)
6th Runner-Up: “Entrepreneur. Innovator. Risk-Taker. Citizen. Human. These are the words that come to mind when I think of ‘immigrant’…..They both envisioned a place that is foreign to them as a place to settle down and plant their roots. They had never seen anything outside of what their city offered them. They knew there had to be more….the husband built his company to employ a significant number of employees while the wife was made chief physician at a hospital that was able to be built from the fruits of their company’s success.” (Minnesota)
7th Runner-Up: The word “immigrant” to me means evolving. One ventures outside of their homeland for the unknown and learns about themselves. Their strengths, their weaknesses, and their capabilities become tools to help them acclimate into their new home. Adjusting to a different culture with a different environment forces a person to step away from themselves and learn who they truly are from the outside…..In the current pandemic that we face, some of us, as a pharmacy technician myself, are now working in the healthcare industry as frontliners. Little by little we have emerged from the shadows and are now evolving…” (Arizona)
8th Runner-Up: “There is a greatness to the word Immigrant and those to whom it refers. When I think of an Immigrant or Immigrants I think of the most courageous, bold, and hopeful people on this earth, especially those who are undocumented. People often fail to see the courage it takes to leave your home country with the knowledge you may never get to come back home. People think we emigrate like some people vacation, which is when they feel like it. But that is not the case. Immigration is often a permanent decision, that means you will likely never see your family again. Family events, births, weddings, and funerals will happen at home without you, and these events will happen to you in a foreign land without your family there. Outside of the immigrant community, I don’t know many people who would be brave enough to do that. Along with being courageous, to be an Immigrant one must be bold in the sense that they are pursuing a life that was not outlined for them. A life that goes past bounds and restrictions placed on them. If you have been privileged enough to live in a culture that encourages you to dream or a society that easily allows for you to pursue your dreams, you may fail to appreciate the audacity and boldness it takes for an Immigrant to pursue a different a life. Lastly, Immigrants are hopeful. How else would one take the biggest chance and risk their lives if not for hope? Hope in a better life. Hope in a safer life. Hope in life itself. To immigrate to a new country, you typically are hoping for something better, something worth leaving the comforts you have known and the family and friends you love. As an immigrant and a child of immigrants I could go on and on. I am filled with pride when I hear the word Immigrant because I know of the sacrifices made by the people it represents, and I know of their resilience. We are not what people have made us to be; we are greater.” (Texas)
We are facing the most challenging healthcare and economic crises in 100 years. The pandemic impacts everyone.
Undocumented immigrants are especially vulnerable. U.S. policy on immigration has increasingly become more aggressive and unwelcoming to immigrants. Despite the data to the contrary, many people now believe that immigrants undermine the U.S. economy and do not make the nation stronger.
As immigration attorneys, we at the Herman Legal Group understand the moral and economic imperative to support undocumented immigrants, particularly those who are working to keep us safe and healthy.
Undocumented workers are often toiling in high-risk conditions of virus transmission, unprotected by any Personal Protection Equipment, and are getting sick.
Yet, despite their important contributions to the United States, including paying taxes, most undocumented workers (and even some U.S. citizen spouses) are not eligible to receive stimulus checks from the Federal Government, and their families are disproportionately feeling the devastating impact of economic downturn.
Even during this pandemic, the undocumented population continues to be vilified and face the prospect of arrest, detention, deportation, and permanent separation from their U.S. citizen children.
On the eve of our Presidential Election, the founder of the Herman Legal Group, Richard Herman, reflects on how the U.S. Government, under the leadership of President Donald Trump, brutally treats immigrants, many of whom have U.S. citizen spouses, children and parents:
“I have been an immigration lawyer for over 25 years. I have seen nearly everything one can imagine within the immigration legal arena. However, nothing compares in scope and degree to Trump’s assault on the civil liberties of immigrants, their families, and employers. As an American, it’s deeply saddening to see the Statue of Liberty metaphorically transformed into a tacky, blinking, neon sign, projecting the words: “NO VACANCY.”
Trump’s anti-immigrant rhetoric and policies ignore the important economic, social and cultural contributions of immigrants, America’s “Dream-Keepers.”
Herman, who co-authored the book, Immigrant, Inc. – Why Immigrant Entrepreneurs Are Driving the New Economy (and how they will save the American Worker) (Wiley 2009), says that Trump’s immigration policies harm U.S. workers and the ability to rebuild the economy from the ravages of COVID-19:
“The data shows that immigrant workers complement, rather than compete against, native-born workers, because they tend to have different levels of education, work in different occupations, specialize in different tasks, and live in different places.
Much like the President’s disregard of medical experts who warn against large public gatherings, and their urgent proclamations for using face masks, testing, and tracing to reduce the spread of COVID-19, the President is now disregarding the economic experts whose research demonstrates that immigrant workers create jobs and help expand the U.S. economy through innovation (particularly in STEM fields), entrepreneurship, consumption, exports, and filling gaps in the labor market.
Immigrants and their children have founded 40% of the Fortune 500, employing millions of Americans. The data on immigrants’ job-creation propensity is staggering:
* Immigrants are twice as likely to start a business than American-born: ·
* Immigrants are twice as likely to earn a patent than American-born ·
* Immigrants have familial and friendship networks around the world to facilitate U.S. exports and attraction of capital.
The country has lost its way. Immigrants, and our embrace of them, will remind us of our destination.
The Herman Legal Group extends its warm appreciation to all the essay contestants for helping us find our way. Please stay in touch and keep an eye on our site for our scholarship program in 2021.
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Contact Our Firm for More Information
Founded in 1995, the Herman Legal Group specializes in all aspects of immigration law. We are proud to represent immigrants from all walks of life. We are headquartered in Cleveland, Ohio and have offices throughout the country. We serve clients in over 12 languages, in all 50 states. We have been voted for inclusion in the 2015-2020 editions of The Best Lawyers in America© and listed in Super Lawyers© for more than fourteen consecutive years. Our founder, Richard Herman, began his immigration law career by moving to Moscow, Russia in 1993, straight out of law school, to eventually open a law office two blocks from the Kremlin to represent post-Soviet entrepreneurs. As an authority on U.S. immigration law and a provocateur for immigrant-friendly, pro-entrepreneur policies, Richard is often invited to strategize and deliver keynote addresses around the country, as he has often done for Michael Bloomberg and Rupert Murdoch’s Partnership for a New American Economy, chambers of commerce, universities and cities. Known for his direct and sometimes controversial style, Richard has appeared in numerous national media outlets. He is the co-author of the acclaimed book, Immigrant, Inc. —Why Immigrant Entrepreneurs Are Driving the New Economy (And How They Will Save the American Worker) (John Wiley & Sons, 2009). Richard is one of the pioneers of the movement by Midwest cities to attract and welcome immigrants who can help grow the economy, create jobs and reverse progressive depopulation. Known for his direct and sometimes controversial style, Richard has appeared on FOX News (The O’Reilly Factor), National Public Radio, and has appeared in the New York Times, USA Today, BusinessWeek, Forbes, Inc., PC World, Computerworld, CIO, TechCrunch and InformationWeek. Richard is married to Kimberly Chen, an immigrant from Taiwan who overcame her undocumented status to become an American physician. They live in the Cleveland area with their two children, whom they are raising to be citizens of the world. The law firm has offices in Columbus, Cincinnati, Toledo, Akron, Youngstown, Dayton, Pittsburgh, Detroit, Ann Arbor, Charlotte, Buffalo, Dallas, Chicago, Queens, Miami, Toronto, Manila.
You can reach us at +1-216-696-6170 or by email at Richard@LawFirm4Immigrants.com
The US is facing unprecedented times as the coronavirus pandemic has yet to settle. The growing number of confirmed cases in the US, totaling over 160,000, has made the nation the new epicenter of the pandemic, surpassing both Italy and China.
Many steps have been taken at both the state and national level in order to attempt to contain the spread of disease. All but essential institutions have suspended operation, more than 15 states have mandated stay-at-home orders in place, and now, after days of congressional deliberation, the Senate has passed a $2 trillion economic rescue plan in hopes to keep the country afloat during the global health crisis.
However, among the collective Americans and people affected by the outbreak and its domino effect, US immigrants face a new level of uncertainty during these times.
As mentioned before, most immigration courts are still maintaining regular operation. Aside from a handful of courts closing or temporary postponing of non-detained hearings, most of the 68 US immigration courts are still holding hearings. Courts have hundreds of contact points, leaving judges, immigrants, and counsel at increased risk of exposure to potential disease.
While the rest of the world is on pause and practicing social distancing, immigrants must still present and defend themselves in court, along with attorneys who are enforced to appear with masks and gloves–essential accessories many hospitals can’t even acquire during a supply shortage.
USCIS has also temporarily suspended routine in-person services to help slow the spread of COVID-19. Although USCIS plans to reopen offices on April 7, extension of suspension is plausible. During these times, USCIS is limiting its operation to only emergency services for limited situations.
This raises concerns for legal immigrants who may inadvertently violate immigration laws should their work permits or other form of legal status expire. AILA advocates are demanding that USCIS freeze all deadlines or ensure there are measures for individuals whose status is expiring to remain lawfully.
In addition, a few nights ago, the Senate unaminously passed the $2 trillion stimulus plan that will offer financial assistance to Americans across the country during the global pandemic. A provision that has gained large-scale attention among the national community is the stimulus check of $1200 to be sent to qualifying Americans from the federal government. However, immigration legal experts say that millions of immigrant households will not be receiving any relief money.
Under the bill, only those with valid Social Security numbers and resident aliens will qualify for relief checks. For example, many immigrant households are of “mixed-status,” meaning if anyone in the family uses an individual taxpayer identification number (“ITIN”) rather than a SSN, they will not receive a check.
ITINs are issued by the IRS to ensure that people, regardless of their immigration status, file their taxes and comply with US tax law despite being ineligible or not obtaining a SSN.
According to the Migration Policy Institute, over 16 million people live in mixed-status households in the US since early 2019. Immigrants are arguably a substantial body of the front lines amidst this virus, such as our health care sector, agriculture and farming, hospitality, and waste management.
While these members of our national community continue to work to serve others during these unordinary times, it is lamentable that they are not guaranteed a dime from the relief package.
Please contact us for more details and information.
The Herman Legal Group wishes everyone a safe and beautiful 2020! As we transition to a new decade, it’s a good time to reflect. While it’s often easy to default in our thinking to emphasize what makes us different from each other, I will be working on trying to see all the connections between us that make us similar. We all want to have a healthy and safe family. We all want economic security to ensure food, shelter, clothing.
We all want physical security, free from violence. We all want to be appreciated. We all want our children to grow up in a world that allows them to blossom and reach their full potential.
To me, the new decade is about recognizing our humanity and interconnectedness. We are dependent on each other for our survival and happiness. While we can disagree about this or that, in the end, these differences are inconsequential.
Let’s love each other, help each other, and inspire each other to think and act big.
Because my life is intertwined with one of the most significant issues of our time, immigration — I can’t help but think of all the immigrants that I have met in my 25+ of practicing immigration law.
From my perspective, whether the immigrant works on a farm or at the Cleveland Clinic — I see something special. The hard work ethic, the family focus, the entrepreneurial edge, and the fresh eyes that see abundance and opportunity everywhere.
They remind all of us that the American Dream continues to exist and thrive. For many of us, we have forgotten this.
Here’s to 2020 and an increasing awareness that Immigrants Help Make America Great.
It’s our not-so-secret, but an often-forgotten, competitive edge.
And this edge is the most powerful when we celebrate our common bonds and interconnectedness.
Happy New Year!
Happy Halloween from the Herman Legal Group to all of our clients and friends! We hope you enjoy saying “BOO” in seven languages! While immigration to the U.S. may be particularly scary at the moment, our immigration attorneys are ready to scare the monsters, ghosts, and goblins that may be lurking in the halls at U.S. Citizenship & Immigration Service and U.S. Immigration & Customs Enforcement!
Halloween is one of our favorite holidays, celebrated each year on October 31. The tradition of Halloween goes back to the ancient Celtic festival of Samhain. People would create large bonfires, wear outrageous costumes, in an effort to ward off ghosts. Later, in the 8th century, Pope Gregory III declared the first of November as the day to honor all saints. From then on, All Saints Day integrated many of the traditions of Samhain.
The evening before All Saints Day became known as All Hallows Eve, and later Halloween. Over time, Halloween became a time for kids to go trick-or-treating, carving up pumpkins into jack-o-lanterns, As time Over time, Halloween evolved into a day of activities like trick-or-treating, wearing scary and funny costumes, carving jack-o-lanterns, parties for young and old alike, and of course, eating sweet and fun food!
At our headquarter immigration law office in Cleveland, Ohio, we try to maintain our sense of humor and perspective. It’s important for all children around the world to have fun and celebrate their local holidays. It’s also important for adults to never lose that sense of childhood wonderment.
When it’s time to open up your front door, and the kids yell “trick or treat!” —- it’s time to smile and share the goodies!
Happy Halloween!