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hi everyone i'm immigration attorney andres merced everyone is asking us about processing times and if that is going to change with president biden biometric appointments have been taking a very long time to even get a notification of an appointment visas are delayed families and loved ones are separated for far longer than they thought they would be in the next 20 minutes or so i'm going to answer these concerns as best i can [Music] let me introduce myself my name is andres i'm an immigration attorney and an immigrant i came from chile as a child my family paid an attorney who didn't get us legal status so i know what it is like to live without status in the u.s because i did it for almost a decade i know how stressful that is and how you live in fear every day that you mean may be rounded up by the police or ice and be deported i was able to get a green card through an amnesty program and then i almost lost that green card because i didn't understand the laws about it as an adult before i became an attorney i had to figure out how to get my citizenship i decided to become an attorney to help my clients have a better experience than what i and my family went through i want to treat my clients the way i wish my family had been treated we can't work with everyone who calls our office and we won't give you false hope if we can't help you we'll tell you that we have people that get mad at us that they want us to work with them even when we know they won't get approved or they won't win their case we want to be honest with you just as we want our clients to be honest with us if you want to find out if we can help you call us before i start talking about today's topics let's talk about recent events for the final weeks of trump's presidency boy have things gotten interesting our office has been shocked and saddened by the events happening nationally we a hundred percent condemn the attack upon our nation's capitol building it was without equivocation sedition sedition is conduct or speech that is geared toward or incites others to destroy the established order it is illegal and it is a crime many people claim that those who attacked the capital and the president were just exercising their freedom of speech and freedom to protest we disagree when protesters become violent they are committing a crime period one of the first laws passed by congress after the constitution was adapted was the sedition act in 1798 at the time politicians used newspapers to share their thoughts about what was happening in the us that remember there was no radio there was no tv there certainly wasn't any twitter this original law expired in 1801 but others have been passed similar to it throughout history there was a famous case the supreme court decided during world war one shank the u.s that says that freedom of speech and freedom of press can be limited by congress if the words used are a clear and present danger congress can use laws to limit them in a famous 1960s case sullivan v the new york times the court found that the press could criticize government officials as that is free speech which is protected under the constitution unless it could been proven that the words were written maliciously or with reckless disregard for the truth and it's hard to prove that let's talk about that for one minute many supporters of president trump have railed against the msm that's main street media for what they consider constant attacks against him trump those are the same people that that claim that storming of the capital is freedom of speech it is impossible and frankly unconstitutional to suggest that some portion of the citizens of the u.s should have freedom of speech be able to attack our capital but others journalists should not freedom of speech should apply equally to everyone just as everyone including the president should be limited to what they can say under the laws and the constitution that fact that the laws apply equally to everyone and no one is above the law is fundamental to our way of life and it is part of the citizenship test no one is above the law no one seditious conspiracy is a very specific crime which the us criminal code defines as two or more people conspiring to overthrow put down or to destroy the government prevent hinder or delay the execution of any law or seize take or possess any property of the united states by force as we are learning more about the tax upon the capital it has been said that some congressman paul goser republican of arizona andy briggs also republican of arizona and mo brooks republican of alabama assisted the leader of the stop the steel movement ali alexander in the capitol riots we have also seen that the supreme court justice clarence thomas's wife and other leaders paid for buses and hotel stays for people for the coup attempt we are told that more information will come out about this terrible event at the time we developed this video the house of representatives had just voted to impeach donald trump for the second time this time the charges included instigating and armed insurrection against america and lawless action at the capitol in the document there was also a reference to the january second phone call that trump made to the secretary of state of georgia asking him to find the votes so that trump would win the election the reason this last part is important is that since it is included in this document the governor of georgia kemp cannot pardon trump for that call as what he did appears to be illegal under the laws of georgia republicans in the senate including mcconnell and liz cheney from the house of representatives have said they are in favor of impeachment now mcconnell hasn't actually said he's in favor he's just said he's not against it and some of his more ardent supporters in the house including republican house leader kevin mccarthy have said they will not encourage their fellow republicans to vote against it though they will be themselves as this they feel this is a time to unify the country there have been several social media claims and even some news that have suggested that if president trump were impeached he could never hold office again this is untrue unless the senate votes specifically on that issue after the impeachment vote and a majority agree trump will be able to run for and hold office again if impeached by both the house and the senate he would lose his pension and other benefits presumably also his health insurance it isn't clear if he would lose secret service protection if impeached in order to be convicted by the senate and impeached two-thirds of them that's two-thirds of the senators must vote for that we saw before with trump that though the house voted for impeachment the gop-led senate did not so the conviction was dropped as we find out more on the situation that seems to change daily and how it might impact the us immigration we will keep you updated with all the impeachment discussion you may not have realized that the head of department of homeland security chad wolf stepped down on january 11 2021. many former dh leaders and elected officials both republicans and democrats have argued that his stepping down now is a dereliction of duty and i must agree for mr wolf to step down a week before the inauguration that clearly needs a serious security plan to protect our elected officials and combat the domestic terrorists that trump continues to incite is frankly irresponsible it shows a total disregard for anyone other than himself i would go as far as to say it's cowardly as i have talked about on many videos numerous judges have found that mr wolf was not in his position legitimately that isn't his fault this administration has repeatedly ignored the laws of the united states his stated reason for resigning is that he wasn't legally appointed again those are the actions of a coward if he was outraged by what trump did he should say so but to argue that it's because of how he was appointed is just not accurate the first court who found he wasn't in his position legitimate was in march 2020 then again in november 2020 and two other courts since then why didn't he step down sooner why wait for just before the new president to be inaugurated and appointed setters specifically two weeks before due to wolf stepping down dhs will be led by pete gainer the administrator of fema federal emergency management agency mr gainer was appointed in 2019 president-elect biden has said his choice is alejandro majorca to head dhs who will need to be approved by the senate i think this is a good choice for alejandro mayorka and we look forward to the positive change mr majorca will make within this department we think things will start to turn around for immigrants and immigration to the us once he is appointed and approved by the senate in a related item of interest we have good news for asylum seekers there were sweeping changes for asylum by the department of justice and department of homeland security that were set to go into effect on the 11th of january of this year 2021. in essence it would have ended asylum to the u.s on january 8 2021 just three days before it was to take effect a preliminary injunction was issued to completely stop these changes the judge's reasons was because wolfe was not duly authorized acting secretary and his actions were thus invalid this is the fifth federal court to say that wolf was not acting legally and therefore the policies and rules that he put into in place are stopped at least temporarily we presume with the changing of administration any appeals for these decisions will be dropped and the policies will die and go away we will keep you informed of what that means for you and your immigration journey if you're here for the first time please subscribe to the channel and hit the bell to be notified when we release any new videos which we do weekly that way you will stay up to date on immigration news that matters to you we've had several questions about the next topic on many of our youtube videos why haven't i gotten my biometric appointment yet how much longer do i need to wait we know it is frustrating usually once uscis gets your application and accepts it they send you a biometric appointment notice within two to four weeks your biometrics appointment where they take your fingerprints and get other identifying information to do a background check is often scheduled quite close to the state for most part of the country it's historically been within a month since kovid shut down many uscis offices and all biometrics appointments were cancelled people have continued to apply for immigration benefits and a variety of factors slowed uscis down now over 1 million applicants for green cards visas and adjustment of status applications are waiting to get their biometrics done unfortunately until the biometrics are taken uscis won't process your case so this is important for all of those families your biometrics appointment will take place at an asc that's an application support center you will need to give your fingerprints a photo and your signature you will receive an that's a notice of action in the mail that notice will include the date time and location of your appointment if you have an attorney they do not need to go with you to this appointment you are not being interviewed you're just the notice will tell you what to bring with you be sure to bring a valid photo id and copy or copies if you get several of your appointment notice uscis said they will not accept any walk-ins to the asc so if you do not bring a copy of your notice they will not let you in anyone 14 or older must sign the document to say that all the information is true and correct and that they are who they say that you are if you don't understand english you can bring someone with you to interpret if you must reschedule your appointment for good cause before it takes place follow the instructions on the notice uscis has said that they are slow right now with both rescheduling the canceled appointments and in processing the data they have received from those who have had already had their appointment uscis said that 1.3 million applications are waiting for biometric data as of mid-december 2020 almost 300 000 biometric appointments were cancelled between march and july of 2020. asc were reopened starting in july however because of cobin lockdowns in states and staffing shortages acs's have sorry ascs have been closed throughout the country usually when you go to a biometric appointment it only takes 10 to 15 minutes to gather the necessary information after you leave they send your fingerprints to a local law enforcement agency for the background check good news uscis said they will now reuse previously collected biometrics data to speed up the process therefore if you have had your fingerprints taken for uscis before they won't make you do it again meaning they're going to waive your physical appointment uscis has also said if they have your biometrics and will be waiving your appearance you should get a new notice explaining that to you not all applicants with their biometrics waived excuse me not all applicants that have previously applied will have their biometrics waived even if you provided them before they have an internal procedure for whose they will waive and who's they won't if we find out more about this process we will let you know if you don't go to your biometrics appointment when it is scheduled your case may be denied as i said before if you don't bring your appointment letter they won't let you in in the past if people missed their appointment they could sometimes go and get in line and get the fingerprinted that day even though they missed their appointment that is no longer the case do not miss your biometric appointment if you are going to miss it due to a medical reason contact them before it is scheduled to have it rescheduled on january 12 2021 uscis issued a statement about renewals for their green card previously they would send you a sticker to put on your green card to extend the validity of your green card a sticker will now not be sent you will only receive a notice and you must carry your green card and the notice which will then extend your green card for 12 months from the date on the front of the green card together the green card and the notice they advise of your status your legal status to others so what are we talking about we're talking if you have a pending application um you're renewing for example you're renewing your green card and your card itself has expired in the past they would send you a sticker or you would go to an office and they would issue you a sticker to put in the back of the card now they're not giving you a sticker instead they're sending you a notice and you have to carry that notice with you now there are two common situations where this typically happens for example you filed for your citizenship but it's taken longer than you expected and now your green card is expiring or has expired or you filed to remove the conditions on your green card because that card is only valid for two years and the case is pending but your green card has expired in the past you would request an appointment at your local usas field office and they would give you a sticker extending your green card now they will only mail you the letter you should not let your green card expire you need to either renew it with form i-90 file for citizenship with form n-400 or remove conditions on your green card with form i-751 depending on your situation uscis said that you should get the receipt notice within 7 to 10 days after uscis accepts your application this notice printed on secure paper will now be proof of your legal status in addition to your green card if you have a biometrics appointment to renew your green card they will still give you a sticker but if you have your green card and haven't yet gotten a biometrics appointment the receipt notice is your proof of receipt of the form 90 and the extension of your green card for 12 months this gives you a document of identity work authorization and authorization to return to the us following temporary foreign travel remember you are never guaranteed re-entry you must be admissible until you are a citizen this often comes into play when someone wants to go and renew their driver's license but their green card had expired and the department of motor vehicle or motor vehicle commission will not renew the driver's license because the green card has expired however immigration is not sending them the sticker or the additional information and they get stuck in how do i renew my driver's license well this notice should correct this so i hope you find this helpful to you if you do please like it with a thumbs up so more people can see it as always we appreciate your support stay healthy and be well