If you’re like most people, the moment that you receive a Notice to Appear (NTA), in any given situation, there is a special kind of fear that will send you into a panic as you start to imagine all of the possibilities as to why you have received this authoritative document. There’s no question that … Continue reading Understanding a Notice to Appear
The world is in a constant state of change, which we know already, but these days with immigration law constantly changing and making headlines, it’s important to go back to the basics when it comes to visas and immigration in the world of business. In getting down to details, there are three main kinds of … Continue reading What A Business Needs to Know About Immigration and Visas
When the time comes for you to pack up and head out on your travels for the holiday season, make sure that you are properly prepared for all that you will be taking on. When visiting family over the holiday season, you want to be able to focus on all of the positive memories and … Continue reading Be Prepared When Traveling Out of the Country for Holidays
According to a Virginia Coalition of Latino Organizations press release today, Virginia Attorney General Mark Herring has announced that Deferred Action for Childhood Arrivals recipients are considered “residents” for in-state tuition purposes at public universities in Virginia. This is welcome news for many DACA recipients who wanted to continue their post-secondary studies but could not … Continue reading Virginia Attorney General Announces that DACA Recipients Are Eligible for In-State Tuition
According to a San Jose Mercury News article, the Supreme Court just ruled unanimously that Sergio Garcia, an undocumented immigrant of many years, can obtain a license to practice law in California. Garcia graduated from law school and passed the California bar exam. However, whether California could legally issue him a license to practice law … Continue reading Supreme Court of California Rules Undocumented Immigrant Can Obtain License to Practice Law
Last Friday, on November 15, 2013, the U.S. Citizenship and Immigration Services announced a new immigration benefit that will eventually allow parents, spouses, and children under 21 to obtain their lawful permanent residence. Using the statutory authority under Section 212(d)(5)(A) of the Immigration and Nationality Act, USCIS will issue a “parole-in-place” to deserving parents, spouses … Continue reading Parole in Place: Tremendous Immigration Benefit for Mixed-Status Military Families
Sergio Garcia graduated from law school and passed the California bar exam. The California attorney general is in favor of issuing him a license to practice law. However, the federal government is opposing granting him a law license. The Wall Street Journal article also mentions several other similar cases, many involving dreamers, from around the … Continue reading Can an illegal immigrant practice law?
Thanks to Silvia Vinas for publishing this article on how several U.S. citizens have voluntarily exiled themselves to live with their spouse who has been unable to secure entry to the U.S. under our current immigration laws. The article notes that several blogs and online communities have been created to support families having to choose … Continue reading U.S. citizens exiled by U.S. immigration law chronicle their struggles on blogs
The new Form I-601A is now available on the U.S. Citizenship and Immigration Services website . Instructions for the form are also available on the site as well as a new Provisional Waiver website. Some key points about the Provisional Waiver from the website are excerpted below: What You Need to Know The new provisional … Continue reading I-601A Provisional Waiver Now Available
Since its announcement on January 6, 2012, many mixed-status families had been anxiously awaiting the final approval of a new regulation that would allow the undocumented spouses, parents, and minor children of U.S. citizens to apply for a necessary waiver here in the United States rather than abroad. After almost one year, yesterday the final rule was published … Continue reading Provisional Unlawful Presence Waiver Rule for Family Unity Announced – Finally!
It’s funny how since the last election the Republicans are all about immigration legislation after losing the Hispanic vote by very large margins. NBC Latino recently published an opinion piece titled, “Dream Act or Achieve Act?” The Republicans recently unveiled their own version of the DREAM Act called the Achieve Act. It appears to be similar to prior … Continue reading Dream Act or Achieve Act?
Late last week USCIS released updated Deferred Action for Childhood Arrivals (DACA) statistics that I received from AILA. According to these numbers, they have received about 180,000 DACA applications. Of these, USCIS has issued biometrics (fingerprint appointments) on about 160,000 or about 89%. Of the 180,000 only about 6,500 or 3.6% are under review and … Continue reading USCIS Releases New Deferred Action Statistics
I came across and article in McClatchy – DC Bureau which is no longer there, from Kansas City Missouri, today again highlighting how our immigration laws are separating families, in some cases. Lauren Gray immigrated to the U.S. with her parents and sister from England when she was only 4 years old. Her family immigrated here … Continue reading Gap In Immigration Law Forces Woman to Deport Herself Reluctantly
I ran across an article in the New York Times whose story I thought I would share because it is an example of how our immigration laws separate mixed-status families. Examples such as this is what the proposed family unity waiver is meant to prevent. Elizabeth Drummond, a U.S. citizen, married Segundo Encalada, whom was … Continue reading Another Family Torn Apart By U.S. Immigration Laws with a Tragic Ending
The San Francisco Chronicle is reporting that an Iowa court has ruled that a family separated by an immigration attorney’s bad legal advice can sue him for the pain and suffering he caused. The couple who sued the attorney were separate from their three U.S. citizen children for 10 years. One of the children was a minor … Continue reading Family Separated By Bad Immigration Advice Can Sue for Pain and Suffering
A few days ago, on the floor of the House of Representatives Luis Gutierrez (D-IL) provided a “Who Is the Immigrant?” quiz to Congress members. I really thought this was an effective way to illustrate how difficult it is to have “reasonable suspicion” that a person is here undocumented as required under the part of the Arizona immigration law … Continue reading Justin Bieber, If You’re in Arizona, “Remember to Bring Your Papers?”
Hispanic Support for Obama Surges in New Poll – WSJ.com. The Wall Street Journal is reporting that President Obama’s favor-ability among Hispanics has seen a large increase, after his recent immigration policy announcement for those who entered the U.S. at a young age. Although his proposed family unity waiver rule did not receive as much attention, I also … Continue reading Hispanic Support for Obama Surges in New Poll – WSJ.com
USA Today is reporting that the Supreme Court has struck down most of the controversial aspects of the Arizona immigration law. Supreme Court strikes down most of Arizona immigration law. Highlights include The court left standing only the “check your papers” part of the law that requires state and local police to perform roadside immigration … Continue reading Supreme Court strikes down most of Arizona immigration law
Just in from USA Today . . . The Supreme Court has struck down most of the controversial aspects of the Arizona immigration law. Below are highlights from the article. via Supreme Court strikes down most of Arizona immigration law. The court left standing only the “check your papers” part of the law that requires … Continue reading Supreme Court strikes down most of Arizona immigration law
The Boston Globe is reporting that presidential candidate Mitt Romney is calling immigration reform a moral imperative. The recently formed Evangelical Immigration Table is of the opinion that “Our national immigration laws have created a moral, economic and political crisis in America.” However, Congressional Representative Steve King (R-Iowa) thinks, regarding providing legal status for those who were … Continue reading Is There a “Moral” Component to the Immigration Issue?
If you haven’t picked up the current issue of time and are interested in the immigration issue, I recommend that you do so. It examines the various facets of the immigration issue in the U.S. with real stories of real people. Some of the real people are DREAMers. A Time Magazine online commentary notes that these … Continue reading Barack Obama on His Decision To No Longer Deport Undocumented Immigrants Brought to the United States as Children | TIME Ideas | TIME.com
State group pushes for rule change to help spouses, children of immigrants stay via PLAN: Family Unity Waiver must be implemented fairly, quickly.
DHS will formally announce this morning that it will offer deferred action to DREAMers. Preliminary information indicates that eligible applicants must: Be 15-30 years old, and have entered before age 16 Have been present in the U.S. for 5 years as of June 15, 2012 Have maintained continuous residence Have not been convicted of one … Continue reading Help for the DREAMers Announced!
An article I ran across in Time Business today highlights the economic fallout of recently enacted immigration laws such as those in Arizona, Georgia, and Alabama. We may be shooting ourselves in the foot by enacting such laws. In Arizona, the article notes that several studies found that SB 1070 only worsened Arizona’s economy. Arizona’s economy has lost $141 … Continue reading Shooting Ourselves in the Foot With Draconian State Immigration Laws
I have noticed over the years that more and more people of faith are taking a formal stance in favor of immigration reform. Today it is reported that Jim Daly, president of conservative christian organization, Focus on the Family, has formally signed the Evangelical Statement of Principles for Immigration Reform. A press conference on Capitol Hill is scheduled for … Continue reading Focus on the Family in Favor of Immigration Reform Because It’s More Than an Issue to Families
According to an article in the Huffington Post last Thursday several House Republicans in Congress introduced amendments to effectively stop several Obama administration immigration policies, including the proposed family unity waiver rule. Rep. Sam Graves (R-Mo.) introduced an amendment that prevents funding for the implementation of the proposed family unity waiver provisions. Graves is reported as saying, “This proposed … Continue reading House Republicans Introduce Amendment to Kill Funding for Family Unity Waiver Rule
A mixed-status family is a family in which some members are U.S. citizens and/or legal residents while others remain undocumented, unable to get legal immigration status in spite of family and marriage ties to the United States. As an immigration attorney, I am surprised I had not come across this term before since immigration attorneys come across … Continue reading The Stats on Mixed-Status Families
After finding out that I am an immigration attorney, I find that there are many misconceptions out there about immigration law. For example, often people ask me about a dear friend who is in the U.S. undocumented. The friend has been in the U.S. for many years, works hard, been paying taxes, has a couple … Continue reading The Disconnect Between What People Think the Law Should be and What It Really Says
I ran across a video in which Kris Kobach and David Leopold were debating on CNN whether the proposed family unity waiver is an “amnesty.” The term “amnesty” implies that someone gets pardoned or forgiven for having committed an offense. When I understand amnesty in this way, I have to side with David Leopold. (I … Continue reading Is the Family Unity Waiver Amnesty?
The tragic example of Jake Reyes-Neal highlights the need for the proposed family unity waiver. Jake Reyes-Neal was born an American citizen and married his high school sweetheart, Tania Nava. Tania was brought illegally into the United States at a young age. Just because Tania was married to a U.S. citizen did not mean she could … Continue reading The Tragic Example of Jake Reyes-Neal
The Department of Homeland Security (DHS) published the proposed rule in the April 2, 2012 Federal Register. Public comments were due to the government by June 1, 2012. The proposed rule details who is eligible to apply for the new family unity stateside waiver.
The full text of the announcement can be found here. The summary of the U.S. Citizenship and Immigration Services announcement from the Federal Register states: U.S. Citizenship and Immigration Services (USCIS) intends to change its current process for filing and adjudication of certain applications for waivers of inadmissibility filed in connection with an immediate relative immigrant … Continue reading Where it Began: The Official Announcement in the January 9, 2012 Federal Register
On January 6, 2012, the Obama Administration announced a proposal that will benefit many families negatively affected by our currently broken immigration system. This proposal, scheduled to take effect later this year, changes the I-601 unlawful presence waiver application process by allowing U.S. citizens and their spouses and children to stay together in the United … Continue reading Welcome to our Family Unity Waiver Guide