Lawful status, period of authorized stay, and unlawful presence are closely related immigration concepts, but each has a distinct legal meaning that can directly impact your immigration case. Contact Aguinaga Law Group for more information about your specific case.
Being in a period of authorized stay is not the same as being in lawful status, but it may help you avoid accruing unlawful presence while your application is pending. Recently, ICE has arrested individuals in a period of authorized stay, even those with work authorization. As this is a new government practice, please contact our office to speak about your situation.
Too much unlawful presence can lead to serious consequences. In some cases, it can prevent you from returning to the United States for 3 or 10 years after you leave. Contact Aguinaga Law Group for support.
We are grateful to our clients, colleagues, and Central Florida community for their continued trust and support, and we look forward to welcoming you to our new office.
Our phone number remains the same at 407-270-9020.
If you have an upcoming appointment with our office, please be sure to use our new East Concord Street address when planning your visit.
The guidance applies both to direct victims applying for a U visa, a type of nonimmigrant visa for crime victims, as well as their qualifying family members. Here are the highlights:
USCIS will perform an initial review and issue work permits and deferred action for 4 years for nonimmigrant status and qualifying family members if USCIS determines the petition is bona fide, or genuine and made without intention to deceive, rather than making victims wait for a complete adjudication;
If USCIS determines that a petition is bona fide, it will asses whether the petitioner poses a risk to national security or public safety, and, finally, whether the petitioner should receive a work permit and deferred action;
If a petitioner does not pass this bona fide test after initial review, their application will proceed to the waiting list for full adjudication. If their petition is then approved, they will be placed on the waiting list for a U visa. Once a petitioner is placed on the waiting list, they and their qualifying family members will receive deferred action. If they have properly filed for a work permit, they will receive one valid for four years;
If a petitioner's application is found to be bona fide on initial review, they will not be placed on the waiting list. Instead, their petition will be reviewed for a final adjudication for a U visa when space is available under the statutory cap;
Throughout the initial four year validity period for a work permit and deferred action, USCIS will review background checks regularly to determine whether a petitioner and their qualifying family members can keep their work permits and grant of deferred action. USCIS may update background and security checks at any time when warranted by case-specific circumstances;
All petitions will be reviewed in receipt date order for final adjudication of U visa nonimmigrant status.
When considering a relationship between a petitioner and their qualifying family members based on marriage, USCIS will evaluate whether the relationship existed when the petition was granted, rather than when the petition was filed.
The suspension of entry imposed in Proclamation 9945 of October 4, 2019(Suspension of Entry of Immigrants Who Will Financially Burden the United States Healthcare System, in Order To Protect the Availability of Healthcare Benefits for Americans), does not advance the interests of the United States. My Administration is committed to expanding access to quality, affordable healthcare. We can achieve that objective, however, without barring the entry of noncitizens who seek to immigrate lawfully to this country but who lack significant financial means or have not purchased health insurance coverage from a restrictive list of qualifying plans. The suspension of entry imposed in Proclamation 9945 is also in tension with the policy set forth in section 1 of Executive Order 14012 of February 2, 2021 (Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans).
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States, by the authority vested in me by the Constitution and the laws of the United States of America, including sections 212(f ) and 215(a) of the Immigration and Nationality Act, 8 U.S.C. 1182(f ) and 1185(a), hereby find that the unrestricted entry into the United States of noncitizen immigrants based solely on the reasons articulated in Proclamation 9945 is not detrimental to the interests of the United States....
As an immigrant, Melissa Aguinaga has experienced the United States immigration system first-hand and firmly believes in its importance to the United States.
