Government Shutdown 2013 - Impact on Immigration Services

·         USCIS as a fee-based agency is expected to accept and process applications and petitions. The delays in processing are likely, however, due to furlough and the fact that USCIS relies on other agencies while processing the applications.

·         Employers will not have access to E-Verify.

 

·         Consular posts are expected to be open and functional in the early stages of the shut down as long as there are funds to keep them operational.  Delays in processing visas are expected if the shut down if the shutdown continues over a prolonged period of time.

·         Immigration Courts will continue adjudicating only the detained cases.

·         Passport services should still be accessible.

Same-Sex Legally Married Couples Eligible for Immigration Benefits

As the Supreme Court ruled that DOMA is unconstitutional, the door has opened for the sex-same legally married couples to seek immigration benefits. 

A U.S. citizen or lawful permanent resident in a same sex marriage to a foreign national can now sponsor a spouse for a family-based immigrant visa.   The spouse's eligibility will be determined under the applicable immigration law and his or her application will not be denied as a result of the type of marital union.   Couples living in a U.S. state that does not recognize same-sex marriage should be able to apply provided that the marriage took place in a state that does recognize same-sex unions.

Contact
For questions and/or to arrange a consultation , please call (312) 238-9060 or send me an e-mail at edyta@salatalaw.net

Disclaimer
The materials contained in this website serve informational purposes only and are not legal advice.

The Immigration Reform Bill Introduced in Senate

The immigration reform bill was introduced on April 17, 2013 by the group of Senators known as the “Gang of Eight.”

The bill addresses various issues including: border security, employment verification, agricultural workers program as well as path to residency.  Although the bill creates a path to residency for many undocumented immigrants and expends options for applicants on work visas, it also restricts the U.S. Citizens’ ability to petition for married sons and daughters and siblings. 

The bill creates a path to permanent residency for undocumented immigrants who have been physically present in the U.S. since December 31, 2011; they will be able to apply for Registered Provisional Immigrant Status (“RPI”).  Individuals with an extensive criminal history or illegal voting record will not be able to take advantage of this provision (the bill also provides for other grounds of ineligibility).  The applicants will be granted the so called RPI status - valid for 6 years with an option to renew for another 6 years. The bill calls for a filing fee of $1,000.00.   After ten years in RPI status, the immigrants will be able to apply for permanent residency commonly known as a “green card.”  Most of applicants would have to show continuous employment during their RPI status to qualify for the adjustment.

DACA beneficiaries could also qualify for RPI status subject to background checks and $500.00 penalty. DACA applicants will be able to adjust status to a green card after 5 years in RPI status.  Dreamers will be able to count years in RPI status towards naturalization; therefore, they will be able to apply for naturalization as soon as their adjustment process is completed.

The immigration reform bill also creates a merit based visa and point system and abolishes the visa diversity program known as “visa lottery.”  The immediate relative category will include spouses and minor children of lawful permanent residents and allow for derivatives.  However, the F-4 category would be abolished; the U.S. Citizens would no longer be able to petition for their brothers and sisters.  Furthermore, the ability to petition for married sons and daughters who are 30 years or older would be eliminated.  

It is important to remember, however, that the law has not been passed yet.  No applications can be filed at this time.  The immigrants who might benefit from the proposed legislation will only be able to start the application process when the bill becomes the law.

Contact
For questions and/or to arrange a consultation, please call (312) 238-9060 or send me an e-mail at edyta@salatalaw.net

Disclaimer
The materials contained in this website serve informational purposes only and are not legal advice.

Update on Provisional Unlawful Presence Waivers

USCIS has recently published new regulations allowing certain immediate relatives of U.S. citizens who are physically present in the U.S. to file their unlawful presence waiver petitions prior to departing from the United States.  Currently certain spouses, children and parents of U.S. Citizens cannot apply for lawful permanent residency while in the United States and must travel abroad to consularily process their cases.  At times, they would spend up to a year separated from their family awaiting decisions on their waiver applications.   New regulations modifying the unlawful presence waivers processing will help alleviate some of those issues.

For an applicant to take advantage of the new regulations he or she must meet the following requirements:

i.                     have approved Form I-130 or I-360 as an immediate relative of U.S. citizen (spouses, children, and parents of U.S. Citizens qualify)

ii.                   be physically present in the U.S. at the time of filing

iii.                  show extreme hardship to citizen spouse or parent

iv.                 be 17 years or older

The rule becomes effective on March 4, 2013.  The initial filing fee associated with this type of application is $585.00 plus $80.00 in biometrics fee.

Common questions pertaining to the new regulations:

Q.        My waiver application is already pending with DOS. Can I take advantage of the new procedures?

A.         Provided that the immigration visa interview was scheduled before January 3, 2013, the intending immigrant is ineligible to apply for a provision unlawful presence waiver.   The actual date and time of the interview is not a determinative factor.  

Q.        I am currently in removal proceedings, can I file my application for an unlawful presence waiver in the U.S.?

A.        Only intending immigrants whose removal cases are terminated, dismissed, or administratively closed are eligible to apply for a provisional unlawful presence waiver.  

            Q.        I have previously filed form I-601A with USCIS, can I re-apply?

A.        Yes, if an individual’s provisional unlawful presence waiver petition is denied or withdrawn,  he or she may file a new application.

Q.        My case has been deferred Under DACA, but I have a final removal order, can I participate in the process?

            A.         Intending immigrants with final removal orders on their record are not 

                        eligible.

            Q.         Once my application is filed, will I be scheduled for an interview?

            A.         DHS indicated that majority of applicants will not be scheduled for

                        interviews.