Syria Given Temporary Protected Status

Due to the upheaval in Syria, the U.S. Government has designated it a temporary protected status ("TPS") country. Nationals of Syria may apply for TPS and work authorization. TPS allows a person the remain in the United States, but it does not lead to permanent residency status.

Syrians may apply for TPS up until September 25, 2012. TPS will remain in effect until September 30, 2013, unless extended by the United States.

For more information, see the USCIS website.

Local Governments Cannot Discriminate in Housing

In the case of Villas at Parkside Partners v. City of Farmers Branch, TX, the U.S. Court of Appeals for the Fifth Circuit found a local ordinance requiring adult residents of rental housing to obtain a license conditioned upon all occupants being a citizen or having lawful immigration status to be unconstitutional. The court stated that the ordinance had the sole purpose of excluding undocumented aliens, specifically Latinos, from the city. According to the court, this presented an obstacle to Federal authority.

The court cited the Third Circuit decision of Lazano v. City of Hazelton, 620 F.3d 220 (3d Cir 2010), in support of it's decision. There, the Third Circuit struck down a local ordinance addressing undocumented aliens in both the employment and housing contexts. The Fifth Circuit noted that Lazano had been vacated by the Supreme Court for further proceedings in light of Chamber of Commerce v. Whiting, 131 S. Ct. 1968 (2011). However, the Fifth Circuit noted that Whiting only addressed a local ordinance in the employment context, and not in the housing context. Thus, the court found Lazano was still instructive in the housing context.

Driving Without a Lincense? Beware!

If you are an undocumented alien driving without a license in Virginia, be careful. Virginia will not grant a license to someone without immigration status. If you drive anyway and get caught, it is a misdemeanor, which means there is possible jail time. Although the jail time could be short, the fact is the moment you step into the jail, you are reported to ICE. ICE will ask the local jail to keep you in jail until they can pick you up, and you will be placed in removal proceedings.

The goal, then, if you've been charged with driving without a license is to negotiate a plea with no jail time. This could mean accepting a large fine. It all depends on past criminal history, hour driving record and what agenda the Commonwealth Attorney may have. Your best bet is to hire an experienced lawyer to negotiate the plea for you.

By:  William J. Kovatch, Jr.
(703) 837-8832
info@kovatchimmigrationlaw.com

Citizenship Application - Engish Test

Here is a direct link to the study materials USCIS offers to prepare for the English test given during the citizenship interview.

USCIS Speaks on the Citizenship Application

In this link, USCIS talks about what to expect when a permanent resident applies for citizenship. It includes a link to the application form, a video on the interview, a link to a study guide for the English test, and a link to the 100 civics questions that USCIS draws from.

Citizenship Questions

This is a link to the 100 questions that USCIS will use in the naturalization interview. An applicant will be asked up to 10 questions, and must answer 6 correct.

Prosecutorial Discretion - How It Works

I was in Immigration Court on Thursday. A couple of cases, including my own, bought up the President's announcement concerning the new policy toward exercising prosecutorial discretion. Applications for prosecutorial discretion have to be made directly to the Chief Counsel's Office. So, in Washington, DC and Virginia, and alien would write directly to Rafael Choi, the Chief Counsel for this area. The application should contain all information necessary to convince the Chief Counsel to exercise his discretion not to seek removal of the alien. In the meantime, if there is no hope of any other ground of relief, ICE will not support release on bond.

In my case, the only relief we could request was voluntary departure. ICE would not agree to release on bond. Nor would ICE agree to voluntary departure with a voluntary departure bond. But, ICE did agree that we could apply for prosecutorial discretion even after the Judge issued the voluntary departure order.

Best practice, then, is to make the application before coming to Court, as an application for prosecutorial discretion will not be a basis for an Immigration Judge granting bond.