Ask Garry
Supreme Court Decision on TPS and Admission for Green Card Application Purposes
The US Supreme Court recently issued a decision on the matter of Adjustment of Status eligibility for people who have Temporary Protected Status. Here is the link if for those of you who would like to read it: https://www.supremecourt.gov/opinions/20pdf/20-315_q713.pdf In Sanchez v. Mayorkas, the Supreme Court held that a person who has been granted Temporary…
Read MoreTemporary Protected Status – Protection from Humanitarian Crisis
When a country is facing challenges, such as armed conflict or a natural disaster, the United States may designate that country for Temporary Protected Status (TPS). The designation is made for the benefit of citizens of those nations when those citizens cannot return safely, or the countries cannot handle the return of their citizens. It’s…
Read MorePresident Biden and Amnesty
There has been a lot of talk about the Biden Administration providing amnesty benefits to people living in the U.S. illegally. This rumor has motivated me to write an article on the subject of amnesty and how the U.S. government system works to check the powers of the various branches of the federal government. What…
Read MoreAsk Garry: USA Political Asylum Issues – One Year Filing Deadline and Work Authorization
Many people come to the United States for the purpose of seeking protection from persecution in their countries of nationality. To pursue that protection, a person must file an I-589 Application for Political Asylum. For an application to be arguable, the applicant must be able to prove that they are at risk of being persecuted…
Read MoreAsk Garry: DACA vs Trump | What’s the Future of DACA under the Trump Administration?
Let me start by saying President Trump does not like DACA. Does that comment shock anyone? If it does, then you haven’t been paying attention. The courts have tried to check the President and give it back. The President continues fighting against it. In this article, I will review the recent events on DACA between…
Read MoreTrump Bans Work Visas for The Remainder of 2020
President Trump has issued a new executive order that prohibits visa issuance for certain classes of employment visas. The affected classes are H-1B, some categories of J-1, and L-1. The ban also includes dependent family members who could accompany the spouse with the primary visa classification, such as a spouse and unmarried minor children. The…
Read MoreA Lifeline to Dreamers: Supreme Court Extends DACA Protections
The US Supreme Court, in a 5-4 decision, extended a reprieve to recipients of benefits under the Deferred Action for Childhood Arrivals program (DACA). Although they did not find President Trump’s political decision to end the program outside the bounds of his power as President, or to make it permanent for those who have it,…
Read MorePresident Trump, Politics and the Limits of Executive Power
President Trump recently announced that he would halt immigration to the US, citing the COVID-19 pandemic and rampant unemployment caused by the shutdown of the US economy in response to the pandemic. Specifically, he said: “In light of the attack from the Invisible Enemy, as well as the need to protect the jobs of our…
Read MoreCoronavirus and Immigration | Ask Garry
The World Health Organization has declared the Coronavirus as a “public health emergency of international concern.” How does this tragic outbreak affect US immigration? USCIS has closed its international offices in Beijing and Ghuangzhou, China. All appointments will be rescheduled. Additionally, USCIS has encouraged everyone who feels sick or has started manifesting symptoms of illness…
Read MoreAsk Garry: Why Are The United States Citizenship and Immigration Services Fees Going Up?
USCIS has announced a change in the fees it charges for the services it provides. The announcement became official November 14th, but is subject to comments from the public for over 30 days. The rate change is expected to go into effect in December 2019, while the comment period is still running. Here is…
Read MoreAsk Garry: Why Are H-1B Petition Denials Rising?
According to a report from the National Foundation for American Policy, October 2019, it is now four times more likely that an H-1B petition will be denied by USCIS. Of most concern is the fact that the law on H-1Bs has not changed. If the law is the same, what is it that accounts for…
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