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Anuncios y noticias de Aguinaga Law Group y el mundo de inmigración

A blog by Melissa Aguinaga on United States immigration law.

Latest News

The Department of Homeland Security Cancels Civil Penalties for Failure-To-Depart

24 April 2021

In the Department of Homeland Security's (DHS) announcement canceling these financial penalties, Secretary of Homeland Security Alejandro N. Mayorkas said:

“There is no indication that these penalties promoted compliance with noncitizens’ departure obligations. We can enforce our immigration laws without resorting to ineffective and unnecessary punitive measures.”

DHS also announced Immigration and Customs Enforcement (ICE) will work with the Department of Treasury to cancel the existing debts of those who had been fined.


Deferred Action for Childhood Arrivals

14 April 2021

DACA (Deferred Action for Childhood Arrivals) is a U.S. immigration policy that provides a quasi-legal status and employment authorization to certain individuals unlawfully present in the United States after being brought to the country as children. You may qualify for DACA if you:

  • Were under the age of 31 as of June 15, 2012,
  • Came to the U.S. under the age of 16,
  • Have continuously resided in the U.S. from June 15, 2007 to the present,
  • Entered the U.S. without inspection before June 15, 2012, or had lawful immigration status expire as of June 15, 2012,
    Were physically present in the U.S. on June 15, 2012, and at the time of applying for deferred action with USCIS,
  • Are currently enrolled in school, or have graduated from high school, obtained a GED, or have been honorably discharged from the armed forces or the Coast Guard, and
    Have not been convicted of a felony offense, a significant misdemeanor, or more than three misdemeanors, and do not pose a threat to national security or public safety.

If you meet these requirements, you are eligible for DACA. Applicants are eligible for a two-year period and can then renew in two-year increments. To qualify for renewal of DACA, you must:

  • Not have departed the U.S. on or after August 15, 2012, without advance parole,
  • Have continuously resided in the United States since submitting most recent approved request for renewal of DACA up to the present time, and
  • Have not been convicted of a felony, a significant misdemeanor, or three or more misdemeanors, and do not otherwise pose a threat to national security or public safety.

On December 4, 2020, a federal judge ordered DHS to restore DACA to its original state as implemented via President Obama's Executive Order. If you meet the eligibility requirement above, you may submit an initial or renewal DACA application. President Biden has instructed the Homeland Security Secretary to take action to protect and fortify the DACA program.

If you have any questions, please contact us.


The Current Policy for Lawful Permanent Residents Returning to the U.S.

14 April 2021

U.S. Customs and Border Protection has instructed airlines they should not determine admissibility of a traveler outside the parameters of these document requirements:

Unexpired Valid Permanent Resident Card: Passengers with valid, unexpired Permanent Resident Card (PRC or “Green Card”) may board without any additional documentation.

Re-Entry Permit (valid and unexpired):

  • Passengers with valid, unexpired re-entry permit are permitted to board without additional documentation.
  • The document must be the original Re-Entry permit. Copies are not accepted.

Expired Permanent Resident Cards: LPR’s with expired I-551 may be boarded without penalty, provided the card was issued with a 10-yearexpiration date.

Expired Permanent Resident Cards Containing Extension Sticker (Form I-797):

  • Starting in January 2021, the sticker that is currently issued to Legal Permanent Residents to extend the validity of their Permanent Resident Card (PRC) (placed on the back of the card) has been discontinued.
  • The revised I-797 receipt notice, together with an applicant’s PRC, will serve as temporary evidence of lawful permanent resident status for 12 months from the expiration date on the front of the Green Card.
  • PRCs that contain the extension sticker will remain valid until the expiration date.
  • The document must be the original I-797 permit. Copies are not accepted.

Expired Conditional Resident:

  • A Conditional Resident with an expired PRC (with a two-year expiration date) may be boarded if also in possession of a Notice of Action (Form I-797).
  • The Notice of Action extends the validity of the card for a specified length of time, generally 18 months.
  • Travelers may not board without Form I-797.

Valid and Unexpired SB-1 Visas: travelers in possession of a valid, unexpired SB-1 visa in their passport may be boarded without additional documentation.

If you have a question about re-entering the United States, please contact Aguinaga Law Group.


Sesiones de Información Gratuitas sobre Naturalización e Inmigración

18 March 2021

El Distrito Sunshine de SUCIS está llevando a cabo sesiones virtuales de información en español que son gratuitas y abiertas al público. ¡Comparta y corra la voz!

  • Miércoles 24 de marzo de 2021 11am-1pm
  • Miércoles 7 de abril de 2021 11 am-1pm
  • Miércoles 12 de mayo de 2021 11am-1pm
  • Miércoles 2 de junio de 2021 11am-1pm
  • Miércoles 16 de junio de 2021 11am-1pm

Una sesión de preguntas y respuestas tendrá lugar una vez finalizada la presentación. La sesión es virtual. Envíe un correo electrónico a TampaDistrictCommunityRelations@uscis.dhs.gov para obtener información sobre el enlace.


The Biden Administration Grants Humanitarian Protections to Venezuelans in the US

10 March 2021

Venezuelans in the United States will have the opportunity to apply for Temporary Protected Status, or TPS, a form of humanitarian aid, which can be granted when it is deemed unsafe to return to their home country.

The registration period for the Venezuelan TPS is from March 9, 2021 to September 5, 2021.

The validity period of the TPS is until September 9, 2022.

For more information, visit USCIS's website or contact our office.


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