Jacksonville Immigration Attorney Blog

Until recently, if an applicant's naturalization petition was denied, he or she would be instructed to file the appeal with the USCIS office that made the Decision. Now, however, it appears that appeals of naturalization denials need to be filed with the USCIS lockbox in Phoenix, Arizona.

The USCIS denial letter should also contain an instruction as to where to file the appeal. All applicants only have thirty days to file the appeal, and so it becomes extremely important to file the appeal with the correct USCIS office in order to avoid missing the deadline.

USCIS has just announced that TPS has been extended for Haitians until January 22, 2013. This is an 18 month extension. Haitian applicants that have not filed for TPS may do so immediately. The DEADLINE for filing a TPS application for the first time is November 15, 2011. This deadline can be extended, but as of May 19, 2011, this is the current deadline.

Haitians that currently have TPS must wait to re-file, since USCIS is planning on issuing a notice of instructions for those individuals. However, Haitians who currently have TPS status must be sure to file to extend their TPS status before August 22, 2011.

Any Haitians that enter the U.S. illegally now are not eligible for TPS. Haitian applicants that apply now for TPS need to show they continually resided in the U.S. since January 12, 2011. All individuals who want to file for TPS should file forms I-821 and I-765, as well as any required fees or fee waiver and required documentation including a copy of one's passport, I.D. and a birth certificate with translation if available. Other documents may be required, as determined based on each person's circumstances.

USCIS has implemented the first step in removing the requirement of certain nationals from registering with NSEERS. After September 11, 2001, certain nationals of countries were required to register with NSEERS. If they did not register with NSEERS, then USCIS could deny their green card application.

I remember taking many of my clients at the time, nearly 50 of them, that were subjected to this requirement. I took them by hand to the local USCIS office in Jacksonville, where I remained until each one was provided a FINS number to show proof that they complied with NSEERS registration. At that time many of my clients were scared because many of them were out of status and feared they would be arrested or placed in removal proceedings.

While none of my clients were arrested or even placed in removal proceedings, there were reports that individuals were arrested in the Tampa, FL area and other areas.

Thankfully, this period is now passing away, as USCIS has taken the first step to getting rid of this requirement of registering for NSEERS. Now, nationals of some of the countries are not required to register with NSEERS. Some of the countries now that are not required to register with NSEERS includes the following: Iran, Eqypt, Lebanon, Morocco, Syria, Iraq, Jordan, Kuwait, Pakistan Afghanistan and other countries.

However, the USCIS memo does not address how USCIS will handle cases where applicants now waiting for their green card did not comply with the previous NSEERS registration requirement. From experience, my understanding is that upon request, ICE will meet with applicants and allow them to register now, to meet the previous requirement. Of course, it is in ICE's discretion and handled on a case-by-case basis. I also advise all applicants to be represented by counsel before they walk into ICE's doors, to ensure their rights are protected.