“Our language is the reflection of ourselves.
A language is an exact reflection of the character and growth of its speakers”
by Cesar Chavez.
Last week, the California governor, signed a law to remove the word “ALIEN” to refer to immigrants. The word will be replaced with terms like “noncitizen” or “immigrant.”
We must understand the powers of words and the weight they carry when we interact with people. Language comes with history and requires context. Although we may not realize it, our language daily contains implicit and unconscious biases.
It is essential to be aware of these biases as we navigate spaces with people from different walks of life.
As we work hard to impact the world positively, we must keep in mind that the world is full of small exchanges between people with whom we share this world. With this in mind, it is imperative that as we continue to interact with various people in our communities, we must learn and train ourselves to be aware of language biases and their influence on the opinions and perspectives we form regarding others.
At Mira Law Group, we reflect on this change and propose 5 words you should eliminate from your vocabulary to refer to the immigrant community.
- ALIEN: this word dehumanizes undocumented immigrants and can create a perception that immigrants are not like us.
We recommend using “undocumented” “noncitizen” or simply “immigrant”
- ILLEGAL IMMIGRANT: no human being is illegal. The word illegal implies that whatever it is describing is not allowed however using the word illegal before the word immigrant implies that a person is not allowed. This is false.
- CRIMINAL: (when referring to undocumented immigrants). Seeking refuge in a foreign country is a human right. Immigrating to a foreign country does not make someone a criminal.
- “MEXICANS”: Referring to all immigrants or latinx people as “Mexicans”. Although being called Mexican is not offensive it does show bias and prejudice when you refer to a group of people from different countries as Mexican. According to the Pew research center, the top 5 countries of birth for immigrants in the US in 2018 are Mexico (25%) China (6%) India (6%) Philippines (4%), and El Salvador (3%).
- FOB (“Fresh off the boat”): “Fresh off the boat” this term is often used to describe someone who has just arrived to the U.S. not only is this ignorant and offensive it assumes that all immigrants arrived to the US on a boat. Immigrants arrive at the US in various ways and should never be looked down upon for being born in a country that is not the country they currently reside in.
The words we say and the language we use matter. Follow Mira Law Group for more information and resources about immigration. Always remember that every case is different and unique. If you want to address a particular situation and find a legal approach and an immigration relief, do not hesitate to schedule a legal consultation at www.miralawgroup.com or calling (510) 437-9998.
As of July 16th, DHS is prohibited from approving new DACA applications. Existing DACA recipients will not be affected by this ruling and will be able to continue renewing their applications. New applicants are still able to apply. DHS however is not able to approve new applications unless the ruling is overturned by an appeals Court in the future.
The five things you need to know are:
- If you have DACA right now, you are still protected and will be able to continue renewing it.
- If you are eligible for DACA but have never applied: DHS can still accept your application but will not be able to process it or approve.
- Unless your Advance Parole application was already approved as of July 16th, Advance Parole is closed for DACA recipients.
- If your application renewal is already being processed: your renewal should continue as normal.
- If your first-time application has not been approved as of July 16th: DHS will NOT approve your request. Only initial applications approved as of July 16th will be processed.
A partir del 16 de julio, el Departamento de Homeland Security tiene prohibido aprobar nuevas aplicaciones de DACA. Los portadores actuales de DACA no serán afectados por esta orden y podrán renovar su aplicación. Nuevos aplicantes aún tienen la posibilidad de aplicar, sin embargo DHS (Departamento de Seguridad Ciudadana) no tiene permitido aprobar dichas aplicaciones al menos que una Corte anule la decision.
Cinco cosas que debes saber sobre esta nueva decisión:
1. Si tiene DACA en este momento, todavía está protegido y podrá continuar renovando.
2. Si es elegible para DACA pero nunca ha presentado una solicitud: DHS aún puede aceptar su solicitud, pero no podrá procesarla ni aprobarla.
3. A menos que su solicitud de libertad condicional anticipada (Advance Parole) ya haya sido aprobada el 16 de julio, la libertad condicional anticipada (Advance Parole) está cerrada para los beneficiarios de DACA.
4. Si la renovación de su solicitud ya se está procesando: su renovación debería continuar con normalidad.
5. Si su solicitud de primera vez no ha sido aprobada hasta el día de hoy: DHS NO aprobará su solicitud. Solo se procesarán las solicitudes iniciales aprobadas a partir del 16 de julio.
On July 6, Secretary of Homeland Security Alejandro N. Mayorkas announced the extension and re-designation of Yemen for Temporary Protected Status (TPS) for 18 months. This extension and re-designation will be in effect from Sept. 4, 2021, through March 3, 2023. Instructions for applying for TPS will be included in the upcoming Federal Register notice on TPS Yemen.
Find some important dates below:
- TPS Extended Through: March 3, 2023
- Re-Registration Period for Individuals Who Already Have TPS: July 9, 2021 – Sept. 7, 2021
- Initial Registration Period for Individuals Who do not Currently Have TPS: July 9, 2021 – March 3, 2023
- Employment Authorization Document (EAD) Auto-Extended Through: March 2, 2022
- Continuous Residence in the U.S. Since: July 5, 2021
- Continuous Physical Presence in U.S. Since: Sept. 4, 2021
- TPS Designation Date: Sept. 3, 2015
- Current TPS Designation: Sept. 3, 2021
The filing period for certain Liberian nationals and certain family members to apply for adjustment of status under the Liberian Refugee Immigration Fairness (LRIF) provision has been extended from one year to two years.
If you think you may be eligible but still have questions it is always a good idea to schedule a legal consultation.
USCIS prepared the following Q&A sheet: if you still have questions.
Here are 3 things you need to know about the Liberian Refugee Immigration Fairness
- What is? Liberian Refugee Immigration Fairness is a program established by Congress that provides Liberian nationals who have lived in the United States for many years an opportunity to apply for lawful permanent resident (LPR) status, receive a green card, and eventually to naturalize as U.S. citizens.
- When? The program was created on December 20, 2019. Congress reached a bipartisan consensus to pass LRIF, a law that established a pathway to permanent status and ultimately citizenship for Liberians living in the U.S. For three decades, many Liberians in the U.S. have been protected from deportation and authorized to work, as conditions in Liberia remained unsafe for return. These protections provided critical humanitarian relief for Liberians living in the U.S., and also provided support for Liberia as a valued U.S. ally.
- Who is eligible? Individuals can apply for adjustment of status under LRIF if they are a Liberian national and have been continuously present in the U.S. since at least November 20, 2014, and have not committed certain crimes. Spouses and unmarried children of LRIF-eligible Liberian nationals can also apply for a green card under LRIF.
Schedule a legal consultation at ☎️(510) 437-9998 if you think you can qualify for adjustment of status under the LRIF provision.
However, there are exceptions in which it is possible to apply for permanent residence being a beneficiary of TPS if you meet certain requirements.
Schedule a consultation and let’s find a legal solution to your situation.
Read more on Supreme Court Rules Against Immigrants with TPS Seeking Green Cards below
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The justices said immigrants with “temporary protected status” who entered the country without authorization may not apply for lawful permanent residency.
The case confronted two sections of immigration law: one that says that those in TPS should be considered as “maintaining lawful status,” and another that says in order to adjust status, an individual in TPS must have been admitted lawfully.
Justice Elena Kagan wrote for the court that federal immigration law prohibits people who entered the country illegally and now have Temporary Protected Status from seeking “green cards” to remain in the country permanently.
The decision does not affect immigrants with TPS who initially entered the U.S. legally and then overstayed their visa. Because those people were legally admitted to the country and later were given humanitarian protections, they can seek to become permanent residents.
The case, Sanchez v. Mayorkas, No. 20-315, could affect tens of thousands of immigrants. It was brought by Jose Sanchez and Sonia Gonzalez, natives of El Salvador who entered the United States unlawfully in the late 1990s.
Mr. Sanchez and Ms. Gonzalez, a married couple, were granted protection under the program. In 2014, they applied for lawful permanent residency, commonly known as a green card. After their application was denied, they sued.
The United States Court of Appeals for the Third Circuit, in Philadelphia, ruled against them, saying they were ineligible under a part of the immigration laws that requires applicants to have been “inspected and admitted” into the United States.
Temporary protected status, Judge Thomas M. Hardiman wrote for the unanimous three-judge panel, “does not constitute an admission.”
Schedule a consultation and together we can find a legal solution for your case. Call us at (510) 437-9998.
La Corte Suprema de Estados Unidos resuelve que las personas beneficiarias del programa TPS no son elegibles para una residencia permanente.
Sin embargo, existen excepciones en las que es posible aplicar a una residencia permanente siendo beneficiario del programa TPS al cumplir con ciertos requisitos específicos.
Sugerimos agendar una consulta si Usted cree que puede cumplir los requisitos o para evaluar su caso particular.
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Los jueces dijeron que los inmigrantes con “estatus de protección temporal” que ingresaron al país sin autorización no pueden solicitar la residencia permanente legal.
El caso enfrentó dos secciones de la ley de inmigración: una que dice que aquellos en TPS deben ser considerados como “manteniendo el estatus legal”, y otro que dice que para ajustar el estatus, un individuo en TPS debe haber sido admitido legalmente.
La jueza Elena Kagan escribió para el tribunal que la ley federal de inmigración prohíbe a las personas que ingresaron al país ilegalmente y ahora tienen un estatus de protección temporal solicitar residencia permanente (Green card), para permanecer en el país de forma permanente.
La decisión no afecta a los inmigrantes con TPS que inicialmente ingresaron a los EE. UU. legalmente y se quedaron más tiempo de su visa. Debido a que esas personas fueron admitidas legalmente en el país y luego recibieron protección humanitaria, ellos pueden buscar convertirse en residentes permanentes.