Immigration

Last week's announcement from the Department of Homeland Security to provide Temporary Protected Status (TPS) for Haiti creates an opportunity for Haitian immigrants in the U.S. to stay here legally until conditions improve in Haiti, according to attorneys from the New Jersey immigration law firm of Helmer, Paul, Conley & Kasselman (HPCK).

On January 15, the Department of Homeland Security announced that an 18-month designation of TPS for Haiti is warranted because of the devastating earthquake that occurred on January 12, 2010. As a result, Haitians in the U.S. -- and other individuals without nationality who last habitually resided in Haiti -- are unable to return safely to their country.

According to Scott C. Elwell, an associate in the Haddon Heights office of HPCK, individuals from Haiti who have been in the United States on or before January 12, 2010, are eligible to apply for TPS status. TPS beneficiaries are allowed to remain in the United States and can legally work for a set time period (in this case 18 months).

"There are a few things that Haitians currently in the U.S. should do right now in order to take advantage of this window of opportunity to obtain employment authorization," said Elwell. "First, they should gather any available evidence that proves they were here prior to January 12th, such as any bills in their name or apartment lease papers. Second, they should obtain their birth certificates or passports that document their Haitian citizenship. Then they need to pursue the appropriate legal channels for employment authorization in the U.S., including an employment card and a social security number.

HPCK is already assisting Haitians living in New Jersey, Delaware, Pennsylvania and New York in applying for TPS. The firm ensures that their clients' applications for TPS and employment authorization are prepared correctly and timely filed, which expedites the effort to secure this crucial benefit.

Helmer, Paul, Conley & Kasselman, P.A. is an energetic medium-sized New Jersey law firm. By limiting its practice to specific areas of focus, the firm delivers exceptional professional services to its clients and is widely respected in the legal community.  In addition to its well-known work in immigration law, the firm employs a number of experienced divorce attorneys, as well as a robust workers' compensation practice.

By,Scott Elwell
Helmer, Paul, Conley & Kasselman, P.A.
856.547.7888 or scottelwell@helmerlegal.com

USCIS will honor the actual date that an application was received in its mailroom; this date will be indicated on the receipt (in the Received Date box) when Form I-797, Notice of Action, is mailed. If your case is affected by the receipt delay, arrival of your receipt may take up to 12 weeks for adjustment-of-status applications. It could take up to 15 weeks for naturalization and other applications.

Until this situation is resolved, USCIS will provide weekly updates on progress in issuing receipt notices to our customers.

The final rule expands the definition of "constructive knowledge" of a no-match Social Security number. It will include the failure to take reasonable steps to address three situations: (1) an employee's request for the employer's sponsorship of the employee for a labor certification or visa petition; (2) receipt of a no-match letter from the Social Security Administration (SSA); and (3) receipt of a notice from DHS (usually after an I-9 audit) that the employee's employment authorization documents presented in connection with completion of the I-9 form do not match DHS records.

The final rule includes slight revisions to the June 2006 proposed "safe harbor" protocol in relation to SSA no-match letters and DHS notices. It most notably extends the time an employer has to complete reconciliation of information when there is a discrepancy. An employer now has 93 days (instead of 63 days). It also promises immunity from a constructive knowledge charge premised on such notices, should the employer follow the procedure exactly as stated. While acknowledging that other actions taken by employers may constitute "reasonable steps" in the context of a "total facts and circumstances test," employers who fail to follow the protocol may not have the "safe harbor" from a finding of constructive knowledge in the event of a civil or criminal investigation.

At Helmer, Paul, Conley & Kasselman, P.A., we are currently assisting employers in navigating these confusing regulations. We would gladly offer our services to help you or your company comply with the final rule.

May 29, 2007

On May 29, 2007, USCIS announced a new filing fee structure which is to take effect on July 30, 2007. The new fee structure is dramatic in that the costs of filing most forms with the USCIS have increased substantially.