Patrick Kolasinski – Law Blog

Posted By Patrick on June 19, 2010

********UPDATE: 10:39PM ON July 20, 2010 ***************

Well, we managed to get our server back up, and have restored our main site (www.kolasinski-law.com). Unfortunately, we have ran into some problems with restoring our backup for this blog, so we'll be leaving this static page up a little bit longer. The hope is now to have things fixed by midday tomorrow (Tuesday). Once that is up, we will move forward with the planned incremental roll-out of GuatemalaTPS.info . Thank you again for your patience and support.

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This morning we had two great surprises. First, somebody was kind enough to refer to our page on the Univison forums. Second, we landed the #1 spot on Google searches for "Guatemala TPS." The resulting flood of traffic caused our web server to fail. We are rushing to get a new server up and running as soon as possible, but are facing a set of technical challenges: 1) Today is Sunday, so any place we could buy a new server is opening late. 2) Our tech guru is out of town for the weekend, so we're forced to do this ourselves, with his assistance via cell phone.

We apologize for any inconvenience and hope to have the new server up and running some time today. For the moment, you will probably find that many of the links on this page don't do what you would expect - we're working off of a backup and many links are broken. Thank you for your patience!

Posted By Patrick on June 18, 2010

We have launched a new site, www.GuatemalaTPS.info, specifically for information about the current situation.  At the moment, the site just points you back here, but we will be developing it more fully over the course of the next week or so. Eventually, GuatemalaTPS.info will be your one-stop site for everything having to do with the Guatemalan TPS request, with links to the main news and information sources, steady updates, and (hopefully) information about how to apply for TPS once (if) the request is approved.

Stay tuned for more information about the site, and please share any feedback, ideas, or features you would like to see us implement.

Category: Firm News, Immigration | No Comments »
Tags: Guatemala, guatemalatps.info, TPS

Posted By Patrick on June 18, 2010

The Guatemalan Deputy Foreign Minister visited New York yesterday and spent a bit of time meeting with local Guatemalan citizens. He spoke with locals and the media about Guatemala’s TPS request, and encouraged U.S. based Guatemalan organizations to unite in support of the TPS effort.

There has still be no official word from either government on the status of the TPS request, but it is encouraging to see the active lobbying by the Guatemalan government. We will, of course, keep you posted on any other TPS-related news we can find.

******EDITED @ 3:18PM *******

In addition to the above news, the US Embassy in Guatemala has released an update on the US humanitarian assistance efforts there. To date, the US has apparently provided over $330,000 in assistance, with aid still continuing. While this does not directly relate to the TPS request, it is an indication of the administration’s continued commitment to humanitarian relief in Guatemala, which gives us some additional hope that they will grant the request.  For more news from the US Embassy in Guatemala, you can follow their twitter feed at @usembassyguate.

Category: Immigration, Uncategorized | 2 Comments »
Tags: Guatemala

Posted By Patrick on June 16, 2010

*******UPDATED @ 4:27PM – June 17 2010**********

The article referenced below has been edited without comment, and now no longer states that TPS was granted. The author did not respond to our call, email, comment, or tweet (we wanted to be thorough) but did change the article to reflect just the information in the USCIS posting from a few days ago.

So, lots of excitement over nothing, but the result is (unfortunately) as we expected. No official response on the TPS request yet. In the meantime, keep putting pressure on Congress, the Senate, and the White House.

As always, if you are in need of assistance with any immigration matters, our firm would be happy to help you.

************************************************

I just received an email pointing me at this link, which claims that TPS status was granted. I am working to try to track down the source of the report, and to confirm or deny it, but wanted to let everyone know of the apparent news as it is breaking.

PLEASE NOTE: The report is unconfirmed and looks pretty questionable to me. There is nothing (as of yet) on the USCIS site, nor has anything popped up on any of the other official sites that I ususally check.  Please don’t get too excited until I have had a chance to confirm or deny this report (which may take until midday tomorrow, after the relevant government offices open). As always, please stay tuned to this blog for more news.

p.s. thank you and kudos to M.C. for the tip.

*******UPDATED @ 11:25PM**********

My initial research can’t turn up any sources that support the report. I will be calling the people behind the blog post in the morning, and hope to get some clarification from them at that time.  Failing that, I will see if I can get anything directly from USCIS or any of my other contacts. Stay tuned!

*******UPDATED @ 9:21AM – June 17 2010**********

I agree with Sergio’s comment (below) – this appears to be a misinterpretation of the expanded benefits that USCIS announced a few days ago.  I put a call in to the law firm behind the post, but their writer is not in the office at the moment, so I left my phone number and asked for a return call. Still nothing from any of the official sources, stay tuned for more.

Category: Immigration | 1 Comment »
Tags: Guatemala, Immigration, TPS

Posted By Patrick on June 12, 2010

We are still receiving a considerable volume of mail and traffic as everyone tries to stay updated on the status of Guatemala’s TPS application. One question that has come up frequently is “what can I do while I wait?,” and I want to take a moment here to address that very question.

Waiting for a decision is never easy, especially when we feel that the decision is beyond our power to control. Fortunately, in this case, there is something you can do. In fact, there are several things you can do:

1. Contact the President

Politicians, regardless of how good or bad they are inside, generally want to be perceived as helping people.  The easiest way for them to do this is to make decisions that they believe will be popular, or that enjoy strong support. So, one of the best ways to increase the chance of the TPS application being approved is to let President Obama know that the application enjoys lots and lots of popular support.

To do that, all you have to do is call, email, or write a letter to the White House. You can also sign on to one of the online petitions, the most notable of which is available here. Note that while the petition is certainly helpful, nothing beats direct, personal contact.  Because it takes more effort to directly contact the White House than to simply click on an online petition, those personal requests carry more weight.  Of course, nothing stops you from clicking on the petition and then also calling, emailing, or writing to the White House!

2. Contact DHS Secretary Napolitano

While the TPS decision ultimately rests with the President (it is his administration, and this is a big domestic and foreign policy decision), technically the decision is made by the DHS Secretary. So, to maximize your impact, you should also contact Secratary Janet Napolitano’s office. The bonus here is that the DHS Secretary gets a lot less comments than the President, so your direct calls and letters can have more of an impact.  Secretary Napolitano’s office can be reached by mail at

Secretary Janet Napolitano
Department of Homeland Security
U.S. Department of Homeland Security
Washington, DC 20528

and their comment phone line is 202-282-8495.

3. Contact your Congressperson and Senator

Congress doesn’t technically get any say on the TPS decision, but your Congressperson has far more contact and ability to plead your case directly to the President and DHS Secretary than you do.  They also experience a much lower volume of calls than either the President or the Secretary.  I have had friends who work for Congress tell me that getting just six or seven calls in one day on one issue is considered a lot, and immediately moves the issue to the top of the Congressperson’s list.

So, reach out to your local Congressperson, and have your friends and family do the same. Let them know how much the TPS issue matters to you, and tell them why it will make a big difference for you, your family, and your community. Congress loves passionate, heart-rending stories that can be repeated in hearings and conversation. You can find your local Congressperson here.

Of course, keep in mind that anything you share, particularly with DHS, is a communication with the government.  If you are currently here out of immigration status, you may want to be judicious with your use of details.  But if you have a friend or someone close to you about whom you can share a passionate, heart-rending story, that story may just tip the balance in favor of TPS.

What we can do while you wait

Yesterday’s post highlighted some of the options available to Guatemalans currently in the US, including the possibility of expedited processing. Since then, several of you have asked whether our firm can help you with that processing, even though you may be located far from our Modesto, California office. I am working through each of your emails and plan to respond to everyone personally, but I also want to answer the question here.

While we are located in California’s Central Valley, we are able to assist immigrants with questions regardless of where they live, inside or outside the U.S. If you are outside of our local area, we can meet with you by phone, Skype, videochat, or email. This is true both of TPS issues and of non-TPS immigration issues, so please do not hesitate to contact us, either by email (Guatemala@Kolasinski-Law.com or Contact@Kolasinski-Law.com) or by phone (209-408-0104 or 877-573-0018).

Category: Immigration | 2 Comments »
Tags: Guatemala, Immigration, TPS

Posted By Patrick on June 11, 2010

USCIS released a statement yesterday highlighting the immigration benefits available to Guatemalan citizens affected by Tropical storm Agatha. The statement does not mention TPS, and may be interpreted as either a suggestion that the TPS request will be denied or as an attempt to assist Guatemalan citizens in the US while the TPS request is under consideration.

Rather than attempting to guess what the Obama Adminstration (and therefore USCIC) is thinking, we are instead including the UCSIC post in its entirety for you to read.  As always, comments, thoughts, and questions are welcome:

Questions and Answers: USCIS Reminds Guatemalans of Certain Immigration Benefits Available

Introduction
In light of Tropical Storm Agatha, U.S. Citizenship and Immigration Services (USCIS) reminds Guatemalans of U.S. immigration benefits available to eligible Guatemalan nationals upon request. 

USCIS understands that a natural disaster can affect an individual’s ability to establish or maintain lawful immigration status. The following Questions and Answers address temporary relief measures available to nationals of Guatemala. 

Questions and Answers

Q1. I am a Guatemalan national and cannot return to Guatemala at this time due to Tropical Storm Agatha.  My allowed time to stay in the United States is expiring or about to expire.  What are my options? Can I work during my stay in the US?

A1. If you wish to change or extend your nonimmigrant status, you may request an extension if you meet the existing criteria for your specific nonimmigrant category.  If you are a B-1 or B-2 visitor, you may apply for a six-month extension on the basis that the events following Tropical Storm Agatha make you unable to return to Guatemala at this time.  Although B-1 and B-2 visitors may receive an extension, they are not authorized to work in the United States.  Normally, an extension application must be filed before the authorized stay expires.  According to existing guidelines, USCIS may accept applications for change of status or extension of stay after the period of authorized admission has expired.   The filing fee for Form I-539 is $300.  No waiver of this filing fee is available. 

Guatemalan nationals wishing to change or extend their nonimmigrant status must submit an application, per existing standards, and submit evidence establishing that the events of May 29, 2010 are the basis for their inability to return to Guatemala prior to the expiration of their authorized period of admission. If you were in lawful, nonimmigrant status on May 29, 2010, you will be excused for filing late up to July 29, 2010.  After July 29, 2010 eligibility for delayed filing will be determined on a case-by-case basis. 

Q2. I am a Guatemalan national granted parole to enter the United States temporarily, but I am unable to return to Guatemala due to Tropical Storm Agatha and my parole  has expired  or is about to expire.  What are my options? Can I work during my stay in the United States?

A2. If you are a Guatemalan national who has already been paroled into the United States by USCIS, you may apply for an extension of your parole (“re-parole”), by making an InfoPass appointment at your local USCIS field office.  The length of the extension is at the Director’s discretion, but normally will not exceed six months.  To qualify for re-parole, you will need to demonstrate that you were or are currently prevented from returning to Guatemala before the expiration of your current or last authorized parole. You will also need to present a genuine, expired or unexpired Form I-94, which contains an expiration date between May 29, 2010, and July 29, 2010.   

Once your parole has been extended, you may apply for employment authorization by filing Form I-765, Application for Employment Authorization.  For instructions on how to apply, please refer to the filing instructions on the Form I-765. 

Q3. I am a Guatemalan national granted advance parole to travel outside of the United States and cannot return to the United States from Guatemala due to Tropical Storm Agatha, and my allowed time is expiring or about to expire.  What are my options?

A3. In recognition of the humanitarian needs of affected individuals, an automatic extension of advance parole until July 29, 2010 is granted to those aliens, who are currently in Guatemala and who are outside of the United States if their advance parole authorization, Form I-512, Authorization for Parole of Aliens into the United States, expires between May 29, 2010 and July 29, 2010.  Ports of entry have been instructed to accept these auto-extended Form I-512s.  Affected individuals do not need to bring any additional documentation with them to the airport. 

Q4. I am a Guatemalan national F-1 student currently enrolled in school in the United States.  Due to Tropical Storm Agatha, I can no longer cover the cost of my education.  What are my options?  Can I work during my stay in the United States?

A4. If your family in Guatemala is funding your studies, you may be eligible for work authorization based on severe economic hardship.  According to the regulations at 8 CFR 214.2(f)(9)(II)(C) and (D), F-1 academic students may request off-campus employment authorization based on severe economic hardship caused by unforeseen circumstances beyond their control, such as changes in the financial condition of their source of support.  If your family is encountering difficulties with funding your studies in the United States due to the recent natural disaster in Guatemala, you may apply for employment authorization based on severe economic hardship.  To qualify, you must establish that you: 

(a) Have been an F-1 academic student for at least one full academic year;
(b) Are in good academic standing and carrying a full course load; and
(c) Need employment authorization is needed to avoid severe economic hardship. 

You will need to obtain a recommendation from your Designated School Official (DSO).  That recommendation must be placed on your Form I-20.  Once you obtain this recommendation, you must file Form I-765, Application for Employment Authorization, with your properly endorsed Form I-20, according to the filing instructions on the form.  The filing fee for Form I-765 is $340 and you may apply to have that fee waived due to your inability to pay.  For guidance on fee waivers, please visit www.uscis.gov/feewaiver. 

Q5. I am a Guatemalan national whose case is pending with USCIS.  I need my case expedited due to the recent natural disaster in Guatemala.  What are my options?

A5. Given the need for immediate relief, USCIS will expedite certain applications and petitions. Standard requirements for security checks remain in place under expedited procedures. 

If a U.S. citizen or lawful permanent resident requests expedited processing of a Form I-130, Petition for Alien Relative, the case will be expedited where a visa number is readily available. 

Guatemalan nationals with benefit applications pending in the United States may need to travel quickly for emergent reasons and will need to apply for advance authorization for parole to return to the United States. USCIS will expedite the Form I-131, Application for Travel Document, in such cases and where we have been advised of the emergent need to travel. 

Q6. Where can I find more information about immigration relief benefits?

A6. For more information on USCIS humanitarian programs, visit www.uscis.gov or call the National Customer Service Center at 1-800-375-5283.

Category: Immigration, Uncategorized | 2 Comments »
Tags: Guatemala, Immigration

Posted By Patrick on June 11, 2010

La Prensa reported yesterday (link in Spanish) that the US had resumed deporting Guatemalan citizens. The article itself is rather brief, but we are looking for more information and confirmation of this report at this time.  We apologize for the brief post, but we wanted to get the information out to everyone as soon as possible. If you have more information about this or can confirm the La Prensa report, please email us at Guatemala@Kolasinski-Law.com or post in the comments below.

Category: Immigration, Uncategorized | No Comments »
Tags: Guatemala

Posted By Patrick on June 10, 2010

US Ambassador Stephen McFarland has said that the Obama Administration’s response to Guatemala’s TPS request will be “Thoughtful and Quick,” according to a report in Prensa Libre (link is in Spanish). While refusing to speculate on exactly how long the response will take, Ambassador McFarland stressed American solidarity with Guatemala.

Stay tuned for further developments in the TPS application.

Category: Immigration, Uncategorized | 2 Comments »
Tags: Guatemala

Posted By Patrick on June 8, 2010

We’re all still awaiting word on the final decision about Guatemala’s TPS request, but in the meantime, I would like to take a moment to answer some of the questions you have submitted to our firm, either via email (guatemala@kolasinski-law.com) or through the comments on this blog. These answers are in addition to our previous Q&A post.

When will TPS be granted / Why is this taking so long?

There is no set amount of time for the TPS decision to be made, and the US government can move with frustratingly slow speed, especially when it comes to immigration issues.  Keep in mind that even in the case of Haiti, it took over a week (nine days, to be exact) for DHS Secretary Janet Napolitano to declare TPS status.  Since the official request for TPS status was not submitted by the Guatemalan government until Friday, June 4, it seems likely that we will have to wait until next week at the earliest for a response from the Obama administration.

What will happen once TPS Status is declared?

Assuming that the request for TPS status is granted (and I believe that it will be), many people want to know what they will need to do next. The USCIS post declaring TPS for Haiti is a good place to start finding answers to that question. In that post, USCIS explains the necessary filing steps and qualifications for Haitian TPS applicants. The steps and qualifications for a TPS grant to Guatemalan citizens in the U.S. will likely be very similar (with different dates, of course).

In short, once TPS status is granted, anyone who is qualified for TPS benefits (that is, any Guatemalan nationals who have been continuously present in the United States since the relevant dates) will be able to apply for those benefits, including a shield from deportation and temporary work authorization.

How can I prepare? Is there anything I can do now to make the TPS application process go faster?

If you or someone you know is considering applying for TPS benefits, you would be well served to prepare the required documents in advance, or to at least assemble all of the information you have so that an immigration attorney can assist you in completing the forms.  The two required forms are I-821 and I-765, and both are availble on the “Forms” section of the USCIS website.

Will a grant of TPS status make it easier for my family in Guatemala to immigrate to the U.S.?

TPS status only extends immigration benefits to immigrants who are present in the U.S. at the time of the disaster (and who remain in the U.S. continuously after the disaster). That means that there are no direct TPS benefits to those who remain in the affected country.  However, just because your family members abroad don’t qualify for TPS benefits doesn’t mean that they cannot come here using a different immigration pathway.  If you have family members who are still in Guatemala but who would like to come to the United States, you should meet with an immigration attorney to discuss all of the alternatives available to your family.

I hope that the above answers clarify some of the key questions you have about Guatemala’s TPS status request, and the TPS process in general. As always, please keep your questions coming to my inbox (guatemala@kolasinski-law.com) or through the comments on this blog.

Also, please keep in mind that the comments on this blog are public and take care to not include your phone number or other personal information in the comments.  Any emails you send me are, of course, completely private, so you can feel free to share any information you need to there.

Category: Immigration | 6 Comments »
Tags: Guatemala, Immigration, TPS

Posted By Patrick on June 8, 2010

The Guatemalan government declared three national days of mourning (link in Spanish) in recognition of the 174 people killed by Agatha and the eruption of Pacaya.  President Colom presided over a large ceremony at the Plaza of the Constitution to honor those whose lives were lost.  Everyone at our firm extends their deepest sympathies to the families and friends of those who perished, and to the people of Guatemala.

Category: Uncategorized | No Comments »
Tags: Guatemala

Posted By lawoffice on June 6, 2010

Category: Immigration | 6 Comments »
Tags: Guatemala, Immigration, TPS