September 2022 Newsletter

Dear Clients, Friends, Colleagues and Family,

Gerstein & Gerstein Immigration Attorneys is continuously expanding.  Please extend a warm welcome to our new Associate, Denise Hauser, and our new Receptionist/Executive Assistant, Eufrieda Pozo.  We are excited to have them join our team.  Eufireda will happily receive all of your telephone calls to our office and attempt to answer your questions or  schedule any necessary appointments with the appropriate staff member.

The past two quarters have seen changes in U.S. Immigration.  In August 2022, DHS issued a final rule that will preserve and fortify DACA.  DACA recipients should not be a priority for removal and have an opportunity to obtain a renewable, two-year work permit.  DACA recipients are considered “lawfully present” for certain purposes.  While DACA has not been expanded, the rule has officially been codified into the formal regulatory code.

USCIS released an alert on August 23, 2022 stating that they have received enough H-1B regular cap and master’s cap petitions for fiscal year 2023.  Registrations not selected will now show “Not Selected:  not eligible to file an H-1B cap petition based on this registration.

Also in August 2022, DHS ended the “remain in Mexico” border policy.  Asylum seekers were kept in inhumane, violent conditions.  Asylum seekers now appearing in the U.S. for their court hearings will not be returned to Mexico.

New COVID-19 vaccination requirements were released for Ukrainians paroled into the U.S. under “Uniting for Ukraine”.  All beneficiaries older than 6 months must demonstrate that they received vaccines before coming to the US and after arrival, unless they qualify for an exception.  The attestation is a condition of parole and states that they will complete their COVID vaccinations within 90 days of arrival or within 90 days of the eligible age to be vaccinated.

Temporary Protected Status (TPS), for Venezuelans in the US prior to March 8, 22021 on TPS status,  has been extended for 18 months, from September 10, 2022 through March 10, 2024.  Those eligible for TPS under the original designation should file their applications prior to September 9, 2022.

A Federal Register notice was posted on TPS for Cameroon.  Applicants must show they continuously resided in the US since April 14, 2022 and maintained continuous physical presence in the US since June 7, 2022.

In March 2022, DHS designated TPS for Afghanistan for 18 months.  While TPS generally lasts for two years at a time, DHS ultimately decides to renew or let TPS expire.

As always, please contact us if we can assist you or someone you know with any of your legal needs.  While our firm specializes in immigration law, we have a network of attorneys that we trust that we can refer you to if we cannot help.

All our best,

Bill and Dori Gerstein
and the entire staff at Gerstein & Gerstein Immigration Attorneys