Immigration

What happens to my immigration case during the Coronavirus (COVID-19)?

Posted on by Cynthia Alcaraz

Last Updated: Friday, August 14, 2020 

U.S. Citizenship and Immigration Services (USCIS)

On April 24, 2020, USCIS announced that they were extending their temporary closure date until June 3, 2020. As of  June 4, 2020, USCIS is open to continue with interviews and to allow visits to their immigration offices.

USCIS is the immigration office that reviews applications of those seeking their U.S legal permanent residence card (also known as a “green card”) via a family petition, U-Visa, VAWA, Asylum or U.S citizenship. Typically, they hold in person interviews and exams with the applicant in order to determine if they will obtain their U.S legal permanent residence card or U.S citizenship.

Due to the outbreak of the Coronavirus, USCIS announced on March 18, 2020 that they cancelled all interviews and visits to the USCIS immigration offices to protect everyone’s health and safety. Previously, they had announced that they would temporarily close until April 1, 2020 but then they extended their date to June 3, 2020. As of June 4, 2020, USCIS immigration offices have opened for interviews and office visits.

You may ask yourself, “well what does that mean for my immigration case?” “Is it on pause or on hold during the pandemic of the Coronavirus?” To answer this question, no, your case is not put on hold during the pandemic of the Coronavirus. Immigration officers are still working and continue to review your application. Therefore, you may still continue working with your attorney to submit your application and if you don’t have an attorney and would like to begin an immigration case, please don’t hesitate and contact one of our Franco Law Group attorneys at 213.200.1505.

Frequently Asked Questions (FAQs)

 

How long does it take to apply for a U.S Residency application (green card)?

The processing time once submitted to the United States Citizenship and Immigrations Services Department (USCIS) depends on the field office or service center that receives your residency application.

To check current processing times for residency (green card) applications please visit https://egov.uscis.gov/processing-times/.

You will need the following:

  1. Case Type (Ex., I-485, I-130, I-90, etc.)
  2. Field Office or Service Center (located on your receipt from immigration)
 How long does it take to receive a decision for my U-Visa?

Currently it takes about 5 years to receive a decision. As of today, August 14, 2020, USCIS service centers in Nebraska and Vermont are reviewing U-Visa applications submitted on December 10, 2015.

To check current processing times for your U-Visa application please visit https://egov.uscis.gov/processing-times/.

How long does it take to apply for U.S Citizenship?

The processing time once submitted to the United States Citizenship and Immigrations Services Department (USCIS) depends on the field office that receives your naturalization/citizenship application.

For example, as of today, August 14, 2020, the processing time for the Los Angeles field office ranges from 12.5 to 18.5 months. The Los Angeles County field office ranges from 13 to 16 months.

To check current processing times for naturalization/citizenship applications please visit https://egov.uscis.gov/processing-times/.

 

USCIS Resources

Using the following links you are able to:

Executive Office for Immigration Review (EOIR) aka “Immigration Court”

On March 13, 2020 the Executive Office for Immigration Review in Los Angeles (also known as the “Immigration Court”) announced that they would be postponing all Master hearings as a result of the breakout of the Coronavirus. A master hearing is a preliminary hearing where you present your immigration case before an immigration judge.

Later on March 18, 2020 the Executive Office for Immigration Review also postponed all non-detained hearings. Therefore, the only hearings that are still scheduled are for those that are detained and are presenting a case before an immigration judge in order to fight for the right to stay in the United States.

Now, if you have a case that you are fighting before the Immigration Court you may wonder if your case is put on hold due to the Coronavirus pandemic and the answer is no. Your case is still active and still being reviewed. Therefore, you should continue working with your attorney to meet any deadlines you may have to submit documents and continue working to move your case forward. If you don’t have an attorney we have an experienced team of attorneys that can help. You may contact us by commenting below or calling our office at 213.200.1505.

As of now, the Executive Office for Immigration Review is not set to open until August 24, 2020. Therefore, any hearings after August 21, 2020 are still scheduled until further notice.

Any filings due during a court closure should be filed. Filing deadlines after March 30, 2020 remain in effect subject to the discretion of the immigration judge. There is no requirement that documents be filed in person. For all courts, parties are encouraged to file by mail or by ECAS where available (EOIR).

Migrant Protection Protocols (MPP)

If you are an asylum seeker in Mexico and you have a case pending under the MPP program, please know that currently all hearings presently scheduled through April 22 will be rescheduled. Any individual with an MPP hearing date through April 22 should present themselves at their designated port of entry on their previously scheduled date to receive a tear sheet and hearing notice containing their new hearing dates. The Board of Immigration Appeals are still reviewing immigration cases.

 

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    The Impact of the Coronavirus on Immigration

    Posted on by Cynthia Alcaraz

    Coronavirus Impact

    The Coronavirus has brought a lot of uncertainty and panic to our communities. Living in the unknown can truly be stressful and scary. For example, not knowing if you have been exposed to COVID19, not knowing when all this will get better, not knowing if tomorrow you will be told that there is no work, not knowing how you will pay your bills, and not knowing how you will feed your family. We have witnessed our communities go into extreme panic over supplies by stocking up because it is uncertain how long this pandemic will last. Walking into stores and seeing empty shelves has definitely been a scary sight. The Coronavirus is affecting many people financially (businesses closing or people losing their jobs) and emotionally. Our health care providers are putting their health at risk in order to treat individuals sick with the Coronavirus and all while Immigration Officers (ICE) continue to terrorize the immigrant community.

    ICE Agents Detaining Individuals in the City of Bell Garden, CA

    Recently the Los Angeles Times reported that ICE agents targeted residents from the City of Bell Gardens, CA to complete their deportation orders. These agents are completely ignoring the restrictions by the Governor of California, Gavin Newsom, to prevent and contain the spread of the Coronavirus. The ICE agents stated that they are taking precautions and have the resources to protect themselves from the virus but that won’t stop them from “protecting the public by getting these criminal aliens off the street and out of our communities,” said David Marin, the director of Enforcement and Removal Operations for ICE in L.A (LA Times). It is utterly disturbing how ICE agents continue to torment, terrorize and prey on individuals at a very vulnerable time for our communities. ICE agents are literally monitoring when a person leaves their home to figure out a good time to catch them out of their homes. Many people are worried and scared about getting infected, having a roof over their heads, and feeding their families. The last thing they think about when they are running out of their homes to buy food or go to work is getting detained by ICE.

    On Monday, it was announced that the US Consulate in Ciudad Juárez and all US embassies in Mexico will be closed as of March 18, 2020.  Immigration offices in Los Angeles are also closing but ICE agents have lost their sense of humanity and continue to torment the immigrant community during this most vulnerable time. The City of Bell Gardens has reached out to Congresswoman Lucille-Roybal to advocate and demand that ICE agents stop their deportation orders given the vulnerable state the community is facing.

    Know your Rights

    Please remember that you still have your 5th Amendment rights under the United States Constitution, which are the following:

      1. The right to remain silent
    1. The right to an attorney

    If an agent arrives to your home please remember:

      1. Do Not Open the Door
      1. Remain silent, you do not need to answer any questions
    1. Do Not sign any documentation

    Please know that no one can enter your home without a warrant signed by a Superior Court Judge.

    SWAT Agents being deployed to Sanctuary Cities to Serve Deportation Orders

    Posted on by Cynthia Alcaraz

    It is insane and absurd the measures this administration is taking to continue terrorizing the immigrant community. According to the New York Times, “Among the agents being deployed to sanctuary cities are members of the elite tactical unit known as BORTAC, which acts essentially as the SWAT team of the Border Patrol. With additional gear such as stun grenades and enhanced Special Forces-type training, including sniper certification, the officers typically conduct high-risk operations targeting individuals who are known to be violent, many of them with extensive criminal records.” Is this really necessary? Does this administration really see immigrants as a danger to this country?

    Even former commissioner of Customs and Border Patrol (CBP) and former chief of police in Seattle, Gil Kerlikoswke, labeled this attempt as “a significant mistake”, and continued to state, “If you were a police chief and you were going to make an apprehension for a relatively minor offense, you don’t send the SWAT team, they’re trained for much more hazardous missions than this” (New York Times).

    It is unbelievable to witness the persecution of immigrants when all they want is the best for their families and achieve the “American Dream.” During this terrible climate, one can’t help but to think of the Holocaust, where Jews were persecuted with severe brutality.

    If you are living in a sanctuary city such as: Chicago, New York, San Francisco, Los Angeles, Atlanta, Houston, Boston, New Orleans, Detroit and Newark, N.J. please remain calm and do not let the news scare you.

    Please remember that you still have your 5th Amendment rights under the Unites States Constitution, which are the following:

    1. The right to remain silent
    2. The right to an attorney

    If an agent arrives to your home please remember:

    1. Do Not Open the Door
    2. Remain silent, you do not need to answer any questions
    3. Do Not sign any documentation

    Please know that no one can enter your home without a warrant signed by a Superior Court Judge.

     

    To read the full story by The New York Times please visit: https://www.nytimes.com/2020/02/14/us/Border-Patrol-ICE-Sanctuary-Cities.html?smtyp=cur&smid=tw-nytimes

     

    ICE Agent Shoots Innocent Man During Deportation Order

    Posted on by Cynthia Alcaraz

    It is outrageous to see what ICE agents can get away with. Today an ICE agent shot an innocent 26 year old by the name of Eric Cruz who saw his neighbor being tackled to the ground. The ICE agent did not identify himself so Mr. Cruz went to his neighbor’s rescue where he was confronted by the agent and later shot in the face. This incident could have easily been prevented if the officer had identified himself.

    ICE agents typically dress in casual attire without anything that identifies them as an ICE agent. Therefore, to most they look like normal people. In this incident that could have been the case where Eric Cruz thought his neighbor was being attacked by a normal everyday person.

    To read or watch the full story by ABC News please visit: https://abc7.com/ice-agent-shoots-undocumented-man-in-face-brother-in-hand-in brooklyn/5908029/?ex_cid=TA_KABC_FB&utm_campaign=trueAnthem%3A+Trending+Content&utm_medium=trueAnthem&utm_source=facebook&fbclid=IwAR3hWuCFQGu8YBPjC4v7Sy7b91gGmHHAJiWIUlsLcsTLMOyStIGvtj0Fils