03.12.15
Posted in The Spotlight at 1:00 PM by Administrator
Will comprehensive immigration reform finally become a reality? This is of course much debated and controversial area. Below are links to some interesting articles on the subject.
The Justice Department asked a federal appeals court to overturn a judge’s order that prohibits the Obama administration from implementing recent executive actions on immigration. Politico, 03/12/15.
A federal judge in Texas issued a preliminary injunction against President Obama’s executive actions on immigration. Vox, 02/20/15.
President Obama announced a major executive action, which would offer, among others, a reprieve from deportation to millions of undocumented immigrants. The Washington Post, 11/20/14.
President Obama said that he would take executive action on immigration sometime between the midterm elections and the end of the year. The Washington Post, 10/02/14.
President Obama acknowledged that there was no hope for overhauling the immigration system in Congress this year, and stated that he will pursuing executive actions to repair the situation. The Washington Post, 06/30/14.
President Obama has delayed a review of deportation policies until the end of summer in hopes that Congress will act on overhaul of immigration laws. By The Washington Post, 05/27/14.
For Republicans, hard line on immigration comes at a cost. By The New York Times, 03/07/14.
The House Speaker, John Boehner , stated that immigration reform would be difficult to pass in 2014. By Politico, 02/07/14.
The House Republicans released their immigration principles. By The Wall Street Journal, 01/30/14.
The House Republicans are preparing to release their principles for an overhaul of the nation’s immigration laws later this month. By The New York Times on 01/08/14.
Immigration activists’ campaign, the “ Fast for Families ”, enters a new phase. By The Washington Post on 12/04/13.
63% of Americans favor legislation to create a pathway to citizenship for undocumented immigrants, according to the nonpartisan Public Religion Research Institute. By The New York Times, 11/25/13.
Speaker John Boehner ruled out negotiations between the House and the Senate on immigration legislation this year. By The New York Times, 11/13/13.
President Obama stated that immigration reform would be a top priority once the fiscal crisis has been resolved. By Reuters on 10/16/13.
House Democrats unveiled their own comprehensive immigration bill, attempting to keep pressure on Republicans to act. Published by The Washington Post on 10/02/13.
Activists on both sides of the immigration debate plan to target House Republicans during the August recess. Published by The Daily Beast on 08/01/13.
House Republicans started to coalesce around the idea of legalizing status of the children who were brought to the U.S. by their parents. Published by Reuters on 07/23/13.
While the spotlight was on the Senate’s comprehensive immigration bill in June, the House Judiciary Committee quietly prepared four smaller bills. None of them provides a path to citizenship for the 11 million of undocumented immigrants in the country. Published by Bloomberg Businessweek on 07/11/13.
The Senate passes comprehensive immigration reform legislation by a vote of 68-32. Published by The New York Times on 06/27/13.
A nonpartisan report by the Congressional Budget Office (CBO) found that the Senate immigration reform bill, if enacted, would decrease federal budge deficits and have positive economic effects. Published by Time on 06/18/13.
According to a Fox News poll , voters want Congress to pass an immigration bill this year, and most are in favor of the main provisions in the legislation being considered on Capitol Hill. Published by FoxNews.com on 06/13/13.
Organized labor intensifies its advocacy for the immigration bill, as the Senate begins deliberations. Published by The New York Times on 06/11/13.
06.07.14
Posted in Updates at 2:36 PM by Administrator
The U.S. Citizenship & Immigration Services has issued long-awaited guidance regarding renewals under the Deferred Action for Childhood Arrivals (DACA) program. In most cases, the process should be fairly straightforward.
In order to be considered, an applicant:
1) Could not have left the United States since August 15, 2012 without advance parole (i.e., travel permit).
2) Must have continuously resided in the United States since the filing of his/her initial DACA request.
3) Must not have any disqualifying criminal history (That is, s/he has not been convicted of a felony, a significant misdemeanor, or three or more misdemeanors, and does not otherwise pose a threat to national security or public safety).
A renewal application should be filed between 120 – 150 days prior to the expiration of the applicant’s current DACA grant (filings received more than 150 days in advance may be rejected). One should aim to file as early as possible to avoid possible disruption in employment authorization.
Aside from forms, photos and filing fees, no additional documents are needed. However, documents pertaining to criminal history and/or removal proceedings that have not already been submitted to USCIS will have to be provided.
I strongly suggest that those with criminal history seek professional advice to evaluate risk, as the agency will conduct background checks. The filing may result in either a denial or, worse, in removal from the United States.
Also, a consultation with an attorney is advisable, as there may be other options available, apart from deferred action.
04.12.14
Posted in Updates at 7:45 PM by Administrator
U.S. Citizenship & Immigration Services (USCIS) has recently issued a notice regarding the DACA renewal process. This is just a preliminary announcement, and further guidance is supposed to be provided at the end of May. This is what we know for now:
1. There will be a new version of the form (I-821D); the new form will be used for both initial DACA requests and for renewals. USCIS will not accept renewal filings until the new version of the form is finalized (there is an exception for those who received DACA from Immigration & Customs Enforcement, rather than from USCIS).
2. A request for DACA renewal cannot be filed more than 150 days (or 5 months) prior to the expiration date of the current DACA period. USCIS recommends that the request be submitted approximately 120 days (or 4 months) before expiration of the first grant.
3. Documents that have already been filed with the initial DACA request will not have to be re-submitted.
4. Documents pertaining to removal proceedings and/or criminal history (that have not already been submitted to USCIS) will have to be provided.
12.15.13
Posted in The Spotlight at 9:29 PM by Administrator
There is finally something positive in the sea of bad news involving U.S. immigration. Close family members of military troops and veterans can now request “parole in place.” If granted, they will be authorized to remain in the United States, and will be able to apply for employment authorization and possibly for permanent residence.
A policy memo, issued by the U.S. Citizenship & Immigration Services (USCIS), states that “parole in place” can be requested by a spouse, child, or parent of an active duty member of the U.S. Armed Forces, member of the Selected Reserve of the Ready Reserve, or veteran who previously served in the U.S. Armed Forces or Selected Reserve of the Ready Reserve. The underlying intent of the policy is to lessen the stress and anxiety of military personnel due to the lack of immigration status of their immigrant family members.
“Parole in place” can only be granted to those family members who are already physically present in the United States (i.e., not to those abroad), who entered without inspection or admission. Grant of parole is discretionary. However, the USCIS indicated that absent a criminal conviction or other serious adverse factors, it would generally exercise discretion favorably.
If the USCIS decides to grant “parole in place”, the parole will be valid for one year, with re-parole in one-year increments. As stated above, the parole will authorize a person to stay in the United States, to obtain work permit, and in many cases to apply for permanent residence (please check with an immigration practitioner).
08.22.13
Posted in Updates at 11:36 AM by Administrator
U.S. Citizenship & Immigration Services (USCIS) has learned of a new telephone scam targeting applicants and petitioners. The agency has stated that scammers are using a technique called “caller ID spoofing” to display an inaccurate or misleading phone number in a recipient’s Caller ID. The scammer, pretending to be a USCIS official, requests personal information (such as social security number, A-number, passport number), identifies some issues and/or problems in the recipient’s file, and then asks for payment to correct the records.
07.02.13
Posted in The Spotlight at 5:05 PM by Administrator
U.S. citizens and lawful permanent residents in same-sex marriages can now sponsor their spouses for immigrant visas (“green cards”). This results from the Supreme Court’s recent decision , which invalidated a provision of a federal law denying federal benefits to married gay couples.
Even though the decision was issued only a few days ago, the U.S. Citizenship & Immigration Services has already started approving these cases (many cases had been held by the agency in abeyance, in anticipation of the court’s ruling).
In evaluating the family petition, the USCIS, as a general rule, will look to the law of the place where the marriage took place to determine its validity for immigration purposes. Thus, spouses who were married in a U.S. state that recognizes same-sex marriage, but who live in a state that does not, will be able to file the petition.
A new version of Form I-9 (Employment Eligibility Verification) was released on March 8, 2013. As of May 7, 2013, all employers must use the revised form for new hires. For helpful information, see I-9 Central on the USCIS’ website.
03.10.13
Posted in The Spotlight at 6:57 PM by Administrator
On 03/04/13, the U.S. Citizenship & Immigration Services (USCIS) implemented a new provisional unlawful presence waiver program. The program allows certain relatives of U.S. citizens who are in the country in undocumented status to get a decision on their waiver applications prior to departing for their immigrant visa interviews abroad. This is very welcome news for many families.
Under current immigration law, a large number of immediate relatives of U.S. citizens, who are in undocumented status, are ineligible to apply for lawful permanent residence in the country. Instead, these relatives must depart the United States and obtain immigrant visas abroad before they can return and be admitted as lawful permanent residents. In most cases, they require a waiver of inadmissibility due to their prior unlawful presence in the U.S.
In the past, a waiver application could only be filed after an immigrant visa had been denied by a consul, that is, only after the relative departed the United States. This resulted in prolonged family separation (often of many months) and the uncertainty in the process. Consequently, many families chose to forego this processing.
Under the new program, one can apply for a provisional waiver of unlawful presence before departing the U.S. The approval of an application for the waiver prior to the relative’s visa interview should typically allow a consular officer to issue an immigrant visa without delay (i.e., if there are no other grounds of inadmissibility). Thus, families now have some measure of peace and predictability.
To be eligible for a provisional waiver of unlawful presence one must:
1) Be the child or spouse of a U.S. citizen, or the parent of a U.S. citizen who is 21 years old or older. This also includes certain adult sons and daughters (i.e., those who are classified as immediate relative “children” under the Child Status Protections Act), as well as some others.
2) Be physically present in the United States.
3) Be at least 17 years old at the time of filing.
4) Be inadmissible at the time of the immigrant visa interview only because of having accrued unlawful presence in the U.S.
5) Be the beneficiary of an approved immediate relative petition.
6) Have a case pending with the U.S. Department of State, based on the immediate relative petition, and have paid the immigrant visa fee.
7) Establish that the denial of the waiver would result in extreme hardship to his/her U.S. citizen spouse or parent.
The last requirement, “extreme hardship”, is the most challenging part of the waiver. It is not enough to state that a U.S. citizen will miss his /her relative. Family separation is considered to be “normal hardship” rather than “extreme hardship. The government takes the position that the family doesn’t have to be separated; that is, it is their choice to live in the United States rather than abroad. Thus, one must prove the following: why the U.S. citizen cannot relocate abroad; and also why the U.S. citizen cannot live in the U.S. without his/her relative. There are various arguments that can be offered in support of the waiver application, such as, medical, financial, career-related, etc. Of course, each case is unique and it needs to be carefully evaluated and presented.
Supporters of immigration overhaul held recently rallies nationwide to pressure Congress to pass immigration reform, as reported by The New York Times on 10/05/13 and The Washington Post on 10/08/13. According to the The Washington Post, at least 100 people were arrested for civil disobedience at the rally in Washington, including several members of Congress and religious leaders.
The Senate commences floor debate on comprehensive reform bill. Published by The Washington Post on 06/07/13.
The agency has stated that all this is subject to change until further details are announced in late May 2014.
Beware of these scams! The USCIS never asks for any form of payment or personal information over the phone. Do not give payment and do not provide any personal information to anyone who claims to be a USCIS official.
I will urge those who consider proceeding with the waiver to consult with an immigration attorney. This may or may not be an option for you, and you should know it before investing time and money.