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For questions about applying under the “Childhood Arrivals” (Deferred Action) Program call our office at: (954) 382-5378
USCIS Releases “Childhood Arrivals” (Deferred Action) Forms, Fees & Filing Information
Learn More About:
Filing Address: Depends upon state where Applicant resides. Click on link below to find out where your Application should be filed:
Read newly released information posted on the USCIS Website by clicking on the links below:
Recap of General Requirements for Eligibility: To qualify, applicants must provide evidence to demonstrate that they-
1.Were under the age of 31 as of June 15, 2012;
Were under the age of 31 as of June 15, 2012;2.Came to the United States before age 16th;
Came to the United States before age 16th;3.Have continuously resided in the United States since June 15, 2007, up to the present time;
Have continuously resided in the United States since June 15, 2007, up to the present time;4.Were physically present in the United States on June 15, 2012, and at the time of making the request for deferred action with USCIS;
Were physically present in the United States on June 15, 2012, and at the time of making the request for deferred action with USCIS;5.Were in un lawful immigration status as of June 15, 2012;
Were in un lawful immigration status as of June 15, 2012;6.Are currently in school, have graduated or have a certificate of completion from high school or GED, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
Are currently in school, have graduated or have a certificate of completion from high school or GED, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and7.Have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.
Have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.
Here are the Major Highlights of the newly named Childhood Arrivals program:
USCIS Filing Fees:$ 465 (Includes USCIS Filing Fees for Work Authorization as well)
$ 465 (Includes USCIS Filing Fees for Work Authorization as well) Application Form: New USCIS form is being created and is not available yet
New USCIS form is being created and is not available yetWork Authorization Period: Issued for 2 Years & Renewable
Travel Permission: Not automatic. Can be requested once Deferred Action is granted under the Childhood Arrivals program. An additional USCIS Filing Fee of $445 ($360 plus $85 Biometrics) will be required. Note that while travel can be requested, the DHS has decided that approval will be limited to emergency travel related to those for Humanitarian purposes, Education and Work (will require proof of eligibility). Those granted Deferred Action are not allowed to travel abroad until they have received travel permission called “Advance Parole”
Status For Eligibility: Only individuals who are currently not in status and were not in any lawful status on June 15, 2012 are eligible for Deferred Action under the Childhood Arrivals program. This means that children who are currently maintaining legal status on a nonimmigrant visa such as (F-1, L-2, E-2, H-4) and even those who have Temporary Protected Status (TPS) are not eligible unless proof is provided that the child had failed to maintain lawful status and was in fact in “unlawful” status as of June 15, 2012. We anticipate quite a lot of controvery surrounding these issue, including whether F-1 students who worked illegally before June 15th or otherwise failed to maintain status will be eligible. Individuals with Asylum, cancellation of removal, or similar cases pending as of June 15, 2012, who had no lawful status qualify for deferred action.
Safety of Applying: The DHS had decided that Information applicant’s provide on the form will be kept confidential, including all information relating to family members or legal guardians. This means that making an application will not jeopardize parents or any other family member who may not be in legal status. The USCIS will only refer a case to ICE or immigration court if it meets the strict criteria of the USCIS November 7, 2011 Policy Memorandum on Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Removable Aliens.
Other Eligibility Requirements Details:
School:Must either have graduated High School or GED or be currently enrolled in school at the time of application. That means legally registered in school.
Must either have graduated High School or GED or be currently enrolled in school at the time of application. That means legally registered in school.Age Requirements to apply: For most children, the minimum age to apply is 15. So for children who are not 15 years old yet, once a child reaches age 15 in the future, as long as the child is in school, he or she is eligible to apply for Deferred Action under the Childhood Arrivals program. However, for children who are in deportation or removal proceedings, or who have a final removal or a voluntary departure order, but not in immigration detention, a Deferred Action request can be made at any time, even if the child is under age 15. The maximum age is 30, as of June 15, 2012, with no exceptions. Individual who turn age 31 after June 15, 2012 remain eligible.
Deportation/Removal Orders: Individuals who have deportation or removal order are eligible to apply without additional requirements to go through the immigration court
Update on Criminal:
Non-significant Misdemeanors - means any misdemeanor (in which the maximum term of imprisonment authorized is one year or less but greater than five days) and is not an offense of domestic violence; sexual abuse or exploitation; burglary; unlawful possession or use of a firearm; drug distribution or trafficking; or, driving under the influence; and in which the individual was sentenced to time in custody of 90 days or less. Minor traffic offenses, such as driving without a license, are not considered misdemeanors that count toward the "3 or more" standard.
Significant Misdemeanors -The DHS will deem “significant” any misdemeanor, regardless of the sentence imposed, involving burglary, domestic violence, sexual abuse or exploitation, unlawful possession of firearms, driving under the influence, or drug distribution or trafficking. In addition, any other misdemeanor for which an applicant was sentenced to more than 90 days in jail, not including suspended sentences and time held pursuant to immigration detention.
Felonies -Offenses qualify as a felonies are those federal, state, or local criminal offense punishable by imprisonment for a term exceeding one year
Filing Fee Waivers: Waivers of paying the USCIS Filing Fees will not be available. Fee Exemptions, however, can be requested, but they must be requested and approved prior to filing for Deferred Action. DHS has made it clear that Fee Exemptions will only be granted in very limited cases where a child is under age 18 and either homeless, in foster care or without parental or familial support, or the individual (age 15 – 30) cannot care for themselves due to a serious, chronic disability or the individual (age 15 – 30) has accumulated $25,000 or more in debts in the past 12 months as a result of unreimbursed medical expenses for themselves or an immediate family member. In all cases, the applicant’s income must be less than 150% of the U.S. poverty level. Extensive documentation of meeting the eligibility for a Fee Exemption will be required at the time of application.
Deferred Action Denials - No Appeal Process: If a case is denied, there will be no chance to get the case reviewed or appeal the decision. Only applications which have been denied for “abandonment” (meaning failure to respond to a Request for Evidence by the deadline) because the USCIS mailed the Request for Evidence to the wrong address, as long as the applicant filed a Change of Address (Form AR-11) before the USCIS Request was issued.
Acceptable Evidence: In addition to the previously announced documents required to prove eligibility (birth certificate, passport, I-94 card, school records, etc), the DHS will also accept-
Affidavits -in very limited circumstances, but only to “fill in the gaps” necessary to prove 5 years of continuous residence and that trips outside the U.S. during that time were “brief, casual and innocent departures” in order to prove maintenance of continuous presence in the U.S..However, Affidavits will not be acceptable to prove school attendance or graduation, military service, physical presence in the U.S. and age as of June 15, 2012, entry into the U.S. before age 16 and criminal history.
Circumstantial Evidence -when documentary evidence is insufficient or not available, (but only to supplement “direct evidence”) to show that the individual was physically inside the U.S. on June 15, 2012, had entered the U.S. before age 16 and continued to reside in the U.S., and that trips outside the U.S. during that time were “brief, casual and innocent departures” in order to prove maintenance of continuous presence in the U.S..
However, circumstantial evidences will not be acceptable to prove school attendance or graduation, military service, physical presence in the U.S. and age as of June 15, 2012.
“Childhood Arrivals” (Deferred Action) Program
Important Reminder: All information on the forms requested by the USCIS must be accompanied by extensive documentation to prove that you meet all the requriements. Applications filed without the accompanying evidence will receive a request for evidence which could result in your case being denied. There is no Appeal available for case denials.
Immigrant Youth Line Up by Thousands for Deferred Action
1. Mail all forms together and Read the mailing instructions
2. Sign your forms
3. Write your name and date of birth the same way on each form
4. Use the correct version of Form I-765
5. Use Form I-821D NOT Form I-821
6. Do NOT e-file Form I-765
7. Submit correct fees
8. Answer all questions completely and accurately
9. Provide all required supporting documentation and evidence
10. If you make an error on a form, start over with a clean form
11. Carefully review age guidelines before filing
Another State: Texas Gov. Perry Refusing To Recognize the Legality of Deferred Action
Joining the States of Nebraska and Arizona, Gov. Rick Perry of Texas notified state agencies recently that no agency in Texas is authorized to confer any legal status to those qualified under the “deferred action” program.
Perry’s letter to state agencies called the president's plan "a slap in the face to the rule of law and our Constitutional framework of separated powers…To avoid any confusion on the impact of the Obama administration's actions, I am writing to ensure that all Texas agencies understand that (Homeland Security) Secretary (Janet) Napolitano's guidelines confer absolutely no legal status whatsoever to any alien who qualifies for the federal 'deferred action' designation…The secretary's directive does not undermine or change our state laws, or any federal laws that apply within the State of Texas."With this said, Federal challenges to states refusing to issue benefits like Driver’s Licenses to those approved for Deferred Action are underway…stay tuned…
Authorities are reporting that millions of Immigrants who would otherwise qualify for Deferred Action under the Childhood Arrivals Program have not yet applied for USCIS benefits. The major reason seems to be fear. Reservations expressed by many potential applicants is concern about the potential for denial and possible negative consequences, as well as that a new Romney Administration would cancel the program and use information in the I-821D applications against the applicants and their families.
Many Immigrants Fear Applying For Deferred Action
However, most experts agree that continuation of the program is likely, since Obama has a good chance of winning another term, and, even if Romney were to take office, the Republicans would not risk cancelling the program for fear of losing future Hispanic support. Even in the event that the program is cancelled by a Romney Administration, those who have been approved would likely maintain their legality for at least the remaining term of their DA approved status, the only change would be that no new applications would be accepted. Yes, there is still a lot of uncertainty, that cannot be denied. But for such a brave generation of this nation’s youth, who have weathered so many challenges, at such a young age and waited so long…… maybe its time to take a leap of faith and belief that America might finally be coming to a better understanding of where its future lies…
Finally, for those with concerns about their chances for approval under the program, about the amount or quality of documentation required to prove eligibility, or about criminal issues which might affect qualification - get a free consultation with a qualified Immigration attorney. Many attorneys provide free legal consultations as a community service and are providing very low cost legal fees to applicants. So, there is no excuse….find out if you qualify and if so…apply!
Social Security Administration Announces Document Requirements for Deferred Action Immigrants
The Social Security Administration recently released requirements for applying and obtaining a Social Security number for Immigrants granted “Deferred Action” by the USCIS under the Childhood Arrivals Program. According to the guidelines, once the USCIS has issued an Immigrant both Deferred Action status AND the Employment Authorization card (I-766), he or she is then eligible to apply for a Social Security number. Immigrants must apply in person at a local Social Security office and complete an application for a Social Security number.
You can locate an office near you by going online to: www.socialsecurity.gov/locator
Immigrants must bring either an original or a certified copy of one of the following documents at the time of application: Foreign Birth Certificate; Foreign Passport; valid U.S. Driver’s License; valid U.S. State-issued Identification Card; School identification card or School Record showing age or date of birth; copy of medical record; Religious record showing age or date of birth;U.S. military record or U.S. military identification card. Copies must be certified by the agency which issued them, not just just notarized by a Public Notary.
For more information, visit the Social Security Administration website: www.socialsecurity.gov or call 800-772-1213.
USCIS Issues New Deferred Action FAQ Updates
On September 14th, the USCIS updated its FAQ page for the Childhood Arrivals Program.
USCIS Begins Issuing "Deferred Action" Approvals Under the Childhood Arrivals Program
Department of Homeland Security officials released processing details for Deferred Action applications received under the Childhood Arrivals Program. As of September 14, the USCIS had issued Approvals for 29 applications. USCIS Spokesman Peter Boogaard told the Associated Press that the agency had received over 82,000 applications, with another 1,600 applications awaiting final review and the first approvals just now being issued from the USCIS Service Center. Officials estimate that some 1.7 million individuals who entered the U.S. before age 16 may qualify under the program.
Under the program announced by President Barack Obama and DHS Secretary Janet Napolitano on June 15, 2012, individuals who entered the U.S. before age 16, who were under age 31 on June 15, 2012 are eligible.
To qualify, applicants must have a high school diploma or its equivalent, or be currently in school, or have served in the military and have no serious criminal history.
Question: My question is about the Visa Lottery. Now that you have filed for my Deferred Action, can I file my Visa Lottery registration and be eligible to get my Green Card if I am a winner?
Answer: That is a great question. Anyone from a qualifying country can file an electronic application online to enter the Visa Lottery. However, Immigration law requires DV Lottery winners who are inside the U.S. to be in legal immigration status in order to be eligible to adjust status to U.S. Residency. Legal immigration status generally means that the individual is on a valid work visa like an H-1B, L-1, E-2, etc. and the I-94 card has not expired. For students, they must be currently enrolled in school fulltime as required under F-1 Visas. Immigrants on TPS, asylum applicants and others who's I-94 cards have expired are not eligible. Unfortunately, this includes Deferred Action Immigrants under the Childhood Arrivals program.
DACA QUESTION OF THE WEEK:
Romney Vows If Elected - He Will End Deferred Action Program
In responding to follow up requests by the Boston Globe for clarification of his position regarding whether or not he intends to continue to grant “Deferred Action” under the Childhool Arrivals Program, Romney’s campaign said that he does not plan to continue the program and while he will honor deportation exemptions issued by the Obama administration before his inauguration, but would not grant new ones after taking office.As a result, Immigration experts are advising those who qualify for “Deferred Action” not to delay filing. Applying early will preserve rights and Work Authorization, no matter what the outcome of the election may be..
During a recent interview with the Denver Post, which included questions about his position on the new “Deferred Action” policy, Presidential Candidate Mitt Romney stated that he would not strip “Deferred Action” benefits from those who were already approved. "The people who have received the special visa that the president has put in place, which is a two-year visa, should expect that the visa would continue to be valid ... I'm not going to take something that they've purchase."
The USCIS Provides Updated Numbers on Deferred Action Cases
As of October 10, 2012, the U.S. Citizenship and Immigration Services (USCIS) had received nearly 180,000 Deferred Action applications under the Childhood Arrivals Program and have now granted deferred action to 4,591 applicants. Click on the link below to view the new statistics and other Deferred Action Resources visit our website at: www.ImmigrateToday.com and click on the Weekly Immigration Newsletter.
Secretary Napolitano Reports that Deferred Action Applications Are Picking Up Speed
Last week Department of Homeland Security Secretary Janet Napolitano released new figures on Deferred Action applications under President Obama’s Childhood Arrivals Program. She noted that some 200,000 applications have been received, with more than 3,000 new applications being received daily. Experts see the increase due largely to fears about a Romney Presidential win - after his comments several weeks ago that if elected, he would cancel the program and all further Deferred Action would be rejected.
Recent Articles About Deferred Action
President Obama Re-Elected - Immigration Reform Looks Like a Winner For 2013!!!!!!!
Read More About Immigration Reform for 2013:
With President Obama’s recent re-election, due largely to Hispanic voters, experts are confident that comprehensive Immigration Reform will be one of the top legislative priorities for 2013. Administration officials say that the President will push Congress not only for a major reform of the Immigration system, but also for passage of the DREAM Act. Top Republican leaders, feeling the pain of losing the the election and loss of support among many Hispanics, are also beginning to talk publically about the GOP party’s renewed interest in Immigration reform. Party officials are signalling that they feel a bi-partisan compromise can be reached to provide legal immigration status to immigrants who are here in the U.S..
This fundamental shift by the GOP is seen as an effort to win back Hispanics to secure the party’s future. Conservatives now admit that their anti-immigrant position has hurt the party and potentially alientated a generation of immigrants. So with Obama and the Democrats eager to get Immigration Reform passed and the Republicans willing to cooperate, the possibility for comprehensive immigration legislation in 2013 seems more likily than ever. Stay tuned…
New Comprehensive Immigration Reform – “Gang of Eight”
About the Politico Article naming the Immigration Reform "Gang of Eight":
The online political news website Politico reports that a bi-partisan group of eight Senators are working in secret on Comprehensive Immigration Reform legislation which is rumored to be introduced in Congress in early 2013 following President Obama’s inauguration.
Called the “Gang of Eight”, these Senators are expected to create the draft Bill which will become the foundation for the new U.S. Immigration law. The Senator are: Chuck Schumer - D-NY, Dick Durbin - D-IL, Michael Bennet - D-CO, Bob Menendez (D-NJ), John McCain (R-AZ), Lindsey Graham (R-SC), Mike Lee (R-UT), Jeff Flake (R-AZ).
The new Immigration Reform Law is expected to include special benefits for those who qualify for the "Deferred Action and Dream Act, which will allow DREAMERS to apply for Green Cards once they meet certain qualifications like completing an Associates Degree or joining the military. We will know more soon!
The USCIS Issues its Deferred Action Statistics Update
About the USCIS DACA Frequently Asked Questions Update:
The USCIS released the most recent statistics for Deferred Action application processing under Obama’s Childhood Arrivals Program. As of December 13th, there have been a total of 367,903 applications submitted by Deferred Action Applicants. Of that amount, 12,014 applications were rejected and 355,889 accepted.
A total of 336,464 biometrics appointments have been scheduled and there are currently 157,151 cases under review. Of the total applications submitted, 102,965 have been approved.
USCIS Updates Deferred Action Frequently Asked Questions
On January 18, 2013, the USCIS updated its Deferred Action under the Childhood Arrivals Program Frequently Asked Questions. The recently updated Questions and Answers have a red "New" indicating its been recently updated.
Major Bi-partisan Deal Just Reached on
Comprehensive Immigration Reform!
The “Gang of Eight” just announced that it has reached a Bi-partisan deal on a Comprehensive Immigration Reform agreement to make sweeping reforms to the nation’s immigration laws and legalize millions of immigrants. The announcement came in a News Conference called to present the major terms of the deal.
These Democratic and Republican members of Congress working together secretly behind the scenes on immigration reform, say they have finally agreed on the broad terms of the Bill which will be introduced into Congress shortly. The Gang of Eight includes influential Senators from both parties who have been charged with working out a Bi-Partisan deal on immigration reform that can be passed in Congress.
About The Comprehensive Immigration Reform Deal:
You can find out more about the anticipated Comprehensive Immigration Reform for 2013. To obtain a copy of the Immigration Reform explanation & Documentation List, you can call our office at: (954) 382-5378.
The major principals outlined in the released agreement, include four major goals which must be included in the reform law:
1) Creating a path to citizenship for illegal immigrants already here, contingent upon securing the border and better tracking of people here on visas
2) Reforming the legal immigration system, including awarding green cards to immigrants who obtain advanced degrees in science, math, technology or engineering from an American university
3) Creating an effective employment verification system to ensure that employers do not hire illegal immigrants in the future, including requiring prospective workers to verify legal status and identity through a non-forgeable electronic system
4) Allowing more low-skill workers into the country and allowing employers to hire immigrants if they can demonstrate they couldn't recruit a U.S. citizen; and establishing an agricultural worker program.
The provisions of the law are expected to provide “legal status” to immigrants who are inside the U.S. and who are currently not in legal status, with a path to an eventual Green Card and Citizenship. And while not specifically stated in the principals, experts are certain that the final law will include an expedited path to a Green Card and Citizenship for immigrants who qualify under the proposed Dream Act and Deferred Action. The next step is for the Bills to be introduced in the House and Senate based upon the principals outlined and for the debate to hammer out the final terms to begin.
The agreement includes principles worked out by both sides for a major overhaul of the nation's immigration laws and includes a path to citizenship for millions illegal immigrants already in this country. While the agreement is short on details, which will be worked out as the proposal moves through Congress, it is a major step which reflects a very clear understanding and message by both Democrats and Republicans that the time is right– to pass a law on Comprehensive Immigration Reform.
Obama Tells Congress –
Move On Immigration Reform Now!
In his Immigration address in Las Vegas last week, President Obama urged Congress to move forward quickly on the issue, saying “the Time Is Now” to pass Immigration Reform and “get it done”.
Encouraged that key members of Congress from both parties have announced a deal on a Comprehensive Immigration Reform, the President went on to say that if Congress does not move forward quickly to pass Immigration Reform, he intends to send up his own Comprehensive Immigration Reform Bill to Congress and "insist that they vote on it right away."
During his speech, Obama laid out the "key markers" which he believes must be included in the final immigration reform law, including a pathway to a Green Card and Citizenship for millions of immigrants who are currently in the U.S. illegally. "We all agree that these men and women should have to earn their way to citizenship," he said. "It won't be a quick process, but it will be a fair process."
You can find out more about the anticipated Comprehensive Immigration Reform for 2013. To obtain a copy of the Immigration Reform explanation & Documentation List, you can call our office at: (954) 382-5378.
Pathway to Earned Citizenship - Create a provisional legal status, then a path to a Green Card and ultimately U.S. Citizenship for millions of immigrants in the U.S. illegally.
Earned Citizenship for DREAMers- Allow DREAMers (Children brought to the U.S. before age 16 by their parents) to earn Citizenship by going to college or serving in the Military for at least two years.
Keep Families Together- Double the number of Family Visas to reduce waiting times and confer the same rights on same-sex families to sponsor “spouses” which currently exists for U.S. citizens and U.S. Residents. This will enable gays and lesbians the ability to obtain a Green Card for a “same-sex partner", which under current law, only applies to heterosexual couples.
“Staple” green cards to advanced STEM diplomas- Conferring Green Cards on foreign graduate students educated in a U.S. college in the fields of science, technology, engineering and mathematics (STEM) who have job offers.
Create a “startup visa” for job-creating entrepreneurs – Provide more opportunities for foreign entrepreneurs to start and grow their businesses in the U.S., as well as to obtain Green Cards.
In a Fact Sheet released by the White House, the President further outlines his key proposals, including:
The Whitehouse Releases FACT SHEET
On Comprehensive Immigration Reform
Along with the President's Speak on Immigration, the Whitehouse released the Administration's framework for Comprehensive Immigration Reform, outlining "Key" aspects of the plan.
Watch the Whitehouse Video of the President’s Speech on Comprehensive Immigration Reform
You can find out more about the anticipated Comprehensive Immigration Reform for 2013. To obtain a copy of the Immigration Reform explanation & Documentation List, you can call our office at: (954) 382-5378.
President Obama’s Draft Comprehensive Immigration
Reform Bill Is Leaked To the Media
In an effort to push Congress to introduce and pass Comprehensive Immigration Reform legislation, President Obama has been threatening for months to have his own version of the Bill introduced, which would include a “Pathway to Citizenship” and other controversial provisions which the Republicans have said would never be approved in the House.
Recently, the Whitehouse apparently decided that conservatives needed a little extra incentive to get going, so the administration released copies of Obama’s draft Immigration Reform Bill to selected media. This has caused an uproar among Republicans who don’t believe that immigrants in the U.S. illegally should benefit from their unlawful actions, when millions of other immigrants are forced to wait in long visa lines for many years.
However, even while criticizing the Presidents plan, most conservative leaders agree that the final law must include some “Pathway to Citizenship”, even if it is 10 years or more, in order to avoid creating an “underclass” of individuals residing legally in the U.S., who are never able to fully participate in our American system.
The President’s Bill would create a “Lawful Prospective Resident” visa with an Identification Card, for Immigrants who are in the U.S. in unlawful immigration status on the day the Bill is introduced in Congress, which would allow Immigrants to legally reside in the U.S., work and travel abroad for short visits. The Visa would be renewed every 4 years. Immigrants who with deportation orders and those in deportation proceedings would be eligible as well. Immigrants would be required to pass criminal background checks, pay visa application fee and those 21 or over, a $250 penalty. Those who have been convicted of a crime that led to a prison term of at least 1 year or those with 3 or more crimes that resulted in a total of 90 days in jail, would be disqualified. After 8 years, Immigrants could then apply for a Green Card, as long as they learn English, U.S. civics and pay back taxes.
The Bill allows DREAMers under age 35 to apply for a Green Card and pay a $500 penalty, as long as they had entered the U.S. before age 16, and have completed at least 2 years of college in a Bachelor’s degree program or served 2 years or more in the military. Spouses and minor children of DREAMers would be eligible to obtain Green Cards as well.
Amid all the fuss over the draft, Obama insists that he stands behind the Gang of Eight, who continue to draft their bipartisan immigration plan and made calls each of the eight senators offices, including Rubio to express his support for their efforts.
Click Below to Read President Obama’s Draft Comprehensive Immigration Reform Bill
USCIS Transfers DACA cases from the Vermont Service Center to the Nebraska Service Center
On February 13, 2013, the USCIS began sending transfer notices to DACA applicant to provide notification that the Vermont Service Center has transferred many DACA cases to the Nebraska Service Center to provide more efficient processing.
DREAMERers should not be concerned about receiving notices, since the transfer is being done to provide for faster processing of pending applications.
About The Planned Release Date:
Comprehensive Immigration Reform Bill Planned For Release on April 8th!
Senate insiders say that the “Gang of Eight” will finish the Comprehensive Immigration Reform Bill by the end of this week, but do not plan to release it to the public until the Senate returns from recess to begin work on Monday, April 8th. After intensive negotiations, Democratic and Republican members of the Bi-Partisan group drafting the Bill are said to have agreed upon a compromise that would create a path to citizenship for an estimated 11 million immigrants. Under the compromise, immigrants would be legalized quickly, given Work and Travel permits, but would be required to wait 10 years before obtaining green cards, and then another 3 for U.S. Citizenship. DREAMers are expected to have much more generous benefits, enabling them to apply for Green Cards almost immediately once certain conditions are met and then be eligible for U.S. Citizenship after several years.
You can find out more about the anticipated Comprehensive Immigration Reform for 2013. To obtain a copy of the Immigration Reform explanation & Documentation List, you can call our office at: (954) 382-5378.
Congress Set To Focus on Comprehensive Immigration Reform After the Easter Holiday!
With the Republican National Committee formally endorsing Comprehensive Immigration Reform, and even Senate Libertarian, Rand Paul now publically supporting a “Path to Citizenship”, optimism is running high in Washington that Immigration is already a “done deal” and the rest is just a show. Recently, even Republican House Majority Leader Eric Cantor weighed in, endorsing an expedited path to citizenship for DREAMers, saying: “It is time to provide an opportunity for legal residence and citizenship for those who were brought to this country as children and who know no other home,”.
On another positive note, Senate Democrat Chuck Schumer (member of the Gang of Eight) told reporters that the bipartisan group was “very, very close” to finishing their work and had in fact finished “drafting most of the legislative language”. All of this puts them right on-track to present the Bill once Congress resumes on April 8th.
Insiders are saying that the Comprehensive Immigration Reform Bill is expected to move quickly through the Judiciary committees in April, with a final Bill ready for a floor Vote before Memorial Day in May and final passage with the President signing the Bill into law by the 4th of July.
In fact, once cautiously optimistic, Immigration experts are now convinced that nothing can derail the Reform momentum, even restrictions conservatives in the House, which are expected to either “come on board the Immigration Reform train” or find themselves outnumbers and ultimately on the wrong side of history. Stay tuned…
The highly anticipated Immigration Reform proposal has finally been released, providing sweeping changes to the entire U.S. Immigration system. Called the “Border Security, Economic Opportunity, and Immigration Modernization Act of 2013,” the Bill includes new measures for border security, the legalization of millions of immigrants, an overhaul of the family and employment immigration system, as well as the establishment new work visas.
Here are a few Highlights of the Immigration-related provisions of the Bill:
**** SPECIAL ISSUE **** BREAKING NEWS ****
Comprehensive Immigration Reform Bill Introduced In Senate
Legalization – a new “Registered Provision Immigrant” (RPI) status provides legal status, a “biometric work authorization card” and permission to travel abroad.RPI status is for 6-yrs, renewable for 6 more. After enactment, the application period will be for 1 yr with a possible 1 yr extension.
Who Qualifies: all immigrants inside the U.S. who came before Dec 31, 2011, provide proof that they have remained here and are currently NOT in legal immigration status. This also includes:
1) Immigrants in proceedings or with removal orders
2) Spouses & children of RPI’s who are in the U.S. even if they were NOT in the U.S. before Dec 31, 2011and
3) Certain deportees outside the U.S. if they are the Spouse, Minor Child or Parent of U.S. Citizen or Resident or qualifying DREAMer.
Penalty & Fees:
1) $500 penalty fee & USCIS filing fees for initial RPI status
2) $500 penalty for renewal. DREAMers are exempt.
DREAMers:
The Bill provides special provisions for DREAMer Immigrants who qualify for "Deferred Action" under the Childhood Arrivals Program. In addition to being exempt from the $500 penalty required to obtain “Registered Provision Immigrant” status, DREAMers are eligible to apply for U.S. Residency after holding RPI status for 5 years, rather than the 10 years required of other immigrants under the new law. DREAMers are further then eligible to apply for U.S. Citizenship immediately after obtaining a Green Card.
Who is NOT Eligible: Those
1) convicted of a felony,
2) 3 or more misdemeanors,
3) a foreign offense,
4) those who voted illegally; and 5) those deemed Inadmissible for Criminal, National Security, Public Health, or other morality grounds.
Green Cards :
After holding RPI status for 10 yrs, immigrants who pay a $1,000 penalty fee are eligible to apply for U.S. Residency through a Merit Based System after living & working regularly in the U.S.,(or attended school), paying all taxes due and having knowledge of Civics & English.
U.S. Citizenship:
Once Green Card holders have held U.S. Residency status for 3 years, they are eligible to apply for U.S. Citizenship. This brings the total time from “Registered Provision Immigrant” to Naturalized U.S. Citizen up to 13 years to complete the entire process.
"IMMEDIATE RELATIVE" Benefits For Spouses & Minor Children of U.S. Residents:
The new Bill confers a special status to Spouses and minor children of U.S. Residents (Green Card holders) which is currently now only provided to Spouses and minor children of U.S. Citizens. Immediate Relatives are a category of immigrants which are exempt from any limitation of immigrant visas. That means that while every other family member must wait in a visa line which is subject to quotas (yearly limits), these immigrant do not. Providing “Immediate Relative” status to these loved ones of Green Card holders has far reaching benefits, which may include:
Reduction of Waiting Times for Family Members:The Bill would increase the number of immigrant visas available for family members who are already waiting in long lines due to visa quotas. Long waiting times are caused by too few visas and a high demand from family members. As an example, the F4 category for Brothers & Sisters of U.S. Citizens has a line of 12+ years for most countries. And for countries like Mexico & the Philippines, it is more like a "retirement plan", since the waiting times are approximately 20 to 26 years!
Increased Visas For Employment-based Legal Immigration:
The bill eliminates limits on immigrant visas for dependant Spouses and Children (called "derivatives") of Employment-based Immigrants which will result in more visas being available in the employment-based category in general.
eliminates limits on immigrant visas for dependant Spouses and Children (called "derivatives") of Employment-based Immigrants which will result in more visas being available in the employment-based category in general. Other immigrants will now be exempt from immigrant visa limitations, which include:
1) aliens of extraordinary ability in the sciences, arts, education, business or athletics;
2) outstanding professors and researchers;
3) multinational executives and managers;
4) doctoral degree holders in any field; and
5) certain physicians..
Employment-based Immigrant Visas will be increased 40% for:
1) members of the professions holding advanced degrees (EB-2) or their equivalent in the sciences, arts, professions, or business by an employer in the United States (including certain aliens with foreign medical degrees) and
2) aliens who have earned a master’s degree or higher (EB-2)in a field of science, technology, engineering or mathematics from an accredited U.S. institution of higher education and have an offer of employment in a related field and the qualifying degree was earned in the five years immediately before the petition was filed.
3) skilled workers, professionals, and other professionals (EB-3).
This will eliminate many of the long waiting lines for an immigrant visa in these categories,
Startup Visa for Foreign Entrepreneurs:
Creates a Startup Visa for foreign entrepreneurs to be able to immigrate to the U.S. through their own companies.This will encourage investment in the U.S. business economy and emploly U.S. workers.
Creation of a Merit Based Visa System:
As so called "merit" based visa will be created in phases during the next 5 years which will allow immigrants to be awarded points toward U.S. Residency based upon certain criteria including: education, employment, length of residence in the US, special talents and those with family here in the U.S..
The first Phase will begin on October 1, 2014 for employment-based visas that have been pending for three years, family-based petitions that were filed prior to enactment and have been pending for five years, long-term alien workers and other merit based immigrant workers.
The second Phase will begin in 2015 and span to 2021, spouses and children of permanent residents will be automatically converted to immediate relatives. Other phases will be implemented in the coming years to allocate visas according to a not as yet, determined, specific formula.
H-1B Work Visas:
H-1B Work Visas will increase from the current 65,000 to 110,000, and 25,000 for those with U.S. College Master's Degrees or higher. Tougher regulations and enforcement of Employers and increased eligibilty requirements will be implemented to ensure that foreign workers are not taking jobs from U.S. Workers.. Under the proposal, some H-4 Spouses will be permitted to work as long as the spouses country accords the same benefits to U.S. spouses in the foreign country.
W-Visa Program:
Creates a New W-Visa Program for Lower-Skilled Workers in the service and agricultural sectors.Employers will be required to register and meet certain qualifications. The spouse and minor children of the W visa holder will be allowed to come and live and in the U.S. during the period of the primary spouse’s W Visa. The W Visa will be issued for 3 years with renewal for additional 3 year periods.
Employers will be required to register and meet certain qualifications. The spouse and minor children of the W visa holder will be allowed to come and live and in the U.S. during the period of the primary spouse’s W Visa. The W Visa will be issued for 3 years with renewal for additional 3 year periods. The Agricultural Job Opportunity, Benefits, and Security Act For Agricultural Workers:
This provision is aimed at undocumented farm workers who currently work in the agricultural industry in the U.S... Agricultural workers who work through the new Agricultural Card will have the opportunity to qualify for a Green Card in 5 years. They will be required to show that they have paid all taxes & pay a $400 fine. Spouses and minor children would receive derivative status. A new agricultural guest worker visa program will be established for future agricultural workers called a W-3 visa for those who can work for any agricultural company and W-2 visa for those who are hired by agricultural companies on a contract basis.
Biometric Work Authorization Cards & Employment Verification:
Employers will be required to use the E-Verify system to confirm the employment status for all workers to be fully implemented within a 5 year period. All non-citizen workers, Registered Provision Immigrants and U.S. Residents will be verified for employment using biometric cards which match photos in the E-Verify system.So What Happens Next???
The House is expected to introduce its own Immigration Bill shortly and the two Immigration Bills will move through committees, get amended, debated and voted on by both chambers, then provisions of the final House & Senate Bills will be incorporated in a final Immigration Reform Bill that President Obama signs into law. I will keep you updated…Stay tuned….
You can obtain a free copy of our Immigration Reform Legalization explanation & advice about applying as a “Registered Provision Immigrant”
by calling our office at: (954) 382-5378.
1) Allowing Spouses and minor children of U.S. Residents outside the U.S. to immigrate to the U.S. immediately without quotas. This will reduce the waiting time from over 2 years to 8-12 months necessary for Consular Processing;
2) Allowing Spouses and minor children of U.S. Residents inside the U.S. to immediately apply to adjust status to U.S. Residency and remain in the U.S. during processing;
3) Allowing Spouses and minor children of U.S. Residents inside the U.S. who have expired I-94 cards to immediately apply to adjust status to U.S. Residency and remain in the U.S. during processing;
Married Children of U.S. Citizens, including their spouses and minor children under age 21:
The first category of Family Members who will no longer be able to immigrate are those married children of U.S. Citizens over age 30. Under the proposal, only Married Sons & Daughters of U.S. Citizens who are age 30 or under remain eligible to immigrate to the U.S. through thier U.S. Citizen Parent.
Brothers & Sisters of U.S. Citizens, including their spouses and minor children under age 21:
,
The second cateory of Family Members who will no longer be able to immigrate are Brothers & Sisters of U.S. Citizens. While experts say that "its never done until it done", the word is that this category will likely be eliminated and there may be few possibilities that it will survive heated Congressional negotiations.
ELIMINATION OF SOME FAMILY IMMIGRATION CATEGORIES AND CANCELLING THE YEARLY DIVERSITY VISA LOTTERY
The Diversity Visa Lottery "Green Card Lottery"
The final immigration category to be eliminated is the yearly Diversity Visa Lottery, sometimes known as the "Green Card Lottery". The existing winners of the 2013/2014 lotteries will still receive U.S. Residency, however the proposal plans to cancell any further lottery programs for future years. .
The Diversity Immigrant Visa program is a congressionally mandated lottery program which allows 55,000 qualifying winners from many countries around the world to receive Green Cards.
Unfortunately the Bill will also eliminate certain Family Members and others from qualifying to immigrate to the U.S.. As always, Immigration Reform is politicized, so there is a chance that these provisions will be dropped during Congressional negotiations. However, for now, the feeling is that families should prepare for the liklihood of these categories being eliminated and file for loved ones now.
Expansion of the V-Visa:
Expansion of the current V visa to allow family members outside the U.S. with approved I-130 Family petitions to come and live inside the U.S. in order to process for U.S. Residency and allow certain other family members to visit the U.S. for up to 60 days per year.
The Bill Creates Other New Benefits and Categories
Click Below to read:
You can obtain a free copy of our Immigration Reform Legalization explanation & advice about applying as a “Registered Provision Immigrant” by calling our office at: (954) 382-5378.
Now that the Immigration Reform Bill called the “Border Security, Economic Opportunity, and Immigration Modernization Act of 2013” has been introduced in the Senate, many immigrants are cautiously optimistic about it’s chance for success, even while being disappointed with some of its benefits. Shocking provisions which eliminate Brother/Sister immigration and the Green Card Lottery are very harsh, as well as those which limit married children of U.S. Citizens to age 30 or younger and failing to give DREAMers Green Cards immediately. But along with the bad, there is also a lot of good and in fact, there’s something in it for almost everyone to love. With over 800 pages, the Bill is packed with goodies that most immigration advocates could only have dreamed of in the past. Here are just a few:
New Senate Immigration Reform Bill – There’s So Much To Love!
General “Forgiveness” for All: The Bill appears to extend forgiveness to most non-criminal Immigrants who would otherwise be ineligible for legal status in the U.S. up to the date of enactment of the law. These may include: C/D crewman, those denied Green Cards for marriage fraud or denied removal of conditional Green Card status, those who entered using documents which were “other than their own”, those who are in Removal proceedings, those who were deported and even those who were deported then came back to the U.S. illegally. Just about everyone except those with serious criminal convictions.
Criminal Convictions: The Bill specifically states that criminal convictions which have been Expunged or Set Aside are NOT considered crimes. This is great news for those with crimes eligible for Expungment and a helpful hint to have them Expunged now.
Married Children of U.S. Citizens: Yes, the age would be limited to the married child being age 30 or younger, but, that is at the time the immigration petition to sponsor the child and his or her family is filed. It does not put a limit on the age the child or his or her spouse is at the time of immigrating. As long as the petition is filed by the time the child is age 30 – they are in!
Dependants of Registered Provision Immigrants: Spouses and Children of RPI’s who don’t independently qualify for RPI status themselves because they were not inside the U.S. on or before December 30, 2011 can be sponsored by their RPI spouse once the spouse has obtained RPI status, as long as they were in the U.S. on or before December 30, 2012. This even applies to spouses and children of RPI’s when a couple is divorced (or separated due to domestic violence) or the RPI spouse dies.
Spouses and Children of Immediate Relatives: Allows the spouses and minor children of Parents sponsored by their U.S. Citizen children to immigrate together. Under current law, the parent of a U.S. Citizen cannot bring their spouse or minor child with them when they immigrate to the U.S.. It sound crazy, but its true!
Immediate Relative Status for Spouses and Children of U.S. Residents:
The Bill gives spouses and minor children (under age 21) of Green Card holder the same rights as those of U.S. Citizens. That means that spouses and children outside the U.S. will no longer have to wait in a visa line and will be able to immigrate immediately. More importantly, those inside the U.S. who are not in legal status will be able to file for adjustment of status without having to wait for their spouse or parent to obtain U.S. Citizenship. I just love it!
New "V" Visa for Family Members with Approved Petitions: This amazing provision allows Unmarried children of U.S. Citizens and Green Card holders AND married children (including spouse and minor children) of U.S. Citizens under age 31, with approved petitions to come and live and work in the U.S. while waiting for a Green Card. Incredible!
Next week…much more…..
“In-State” Tuition: RPI are eligible to receive “in-State” Tuition in states which opt to offer it
Serve in the U.S. Armed Forces: RPI are eligible to enlist in the U.S. Armed Forces
Immediate “Work Authorization” Benefits: the proposal appears to offer immediate benefits to immigrants before and while applying for RPI status by recognizing their authorization to work, while the application is pending. While it does not actually provide for the issuance of a work permit card, this provision likely means that those who would otherwise be considered in violation of law by working without authorization will no longer be considered as such. This mainly benefits those who are already employed and also provides important protection for employers, allowing them to continue to employ an immigrant who has either applied, but not yet been approved, or who has not even applied yet, but plans to do so…wow…
New USCIS Policy Requires Interviews for Some Deferred Action Applicants
For Questions About Documentation Requirements and Qualifying Under Deferred Action Program -
call our office at: (954) 382-5378
The USCIS has changed its policy and is now requiring some Deferred Action (DREAMer) Applicants to undergo personal interviews at local field offices. While the USICS says some cases are randomly audited, the majority of interviews are for applicants who failed to provide sufficient evidence of eligibility.
It cannot be stressed enough that those applying under the program must provide extensive evidence of their physical presence in the U.S. in order to meet the guidelines. Sending in a few affidavits and other papers along with the application will simply not result in approval. Our policy is always to provide too much documentation, rather than not enough. This will likely be even more important for “Registered Provision Immigrant” status petitions. So start preparing by getting your documents in order now.
You can obtain a free copy of our Immigration Reform Legalization explanation & advice about applying as a “Registered Provision Immigrant” by calling our office at: (954) 382-5378.
Congress Begins Consideration of the Border Security, Economic
Opportunity, and Immigration Modernization Act
On May 9th, the Senate Judiciary Committee began the first phase of legislative action on Comprehensive Immigration Reform, as the immigration Bill goes through the Amendment process.
The stage was set and last week the show began as the first Senate Judiciary “Mark-up” hearings were held on the ‘‘Border Security, Economic Opportunity, and Immigration Modernization Act’’ immigration reform Bill. And as the proceedings came to a close, feelings of both exhilaration and dread were equally shared by many immigrants and reform advocates alike, as we watched the political spectacle unfold from the sidelines.
But amid the obvious partisan political drama and theater, there were positive signs of grudging support from some Republican members who were “on the fence”, signaling that the inclusion of additional stringent, but reasonable border security provisions would likely sway their vote.
Positive Signs For Optimism Emerge - As the Senate Judiciary Committee
Begins Amending the Immigration Reform Bill
For background, during the Senate “mark-up” process, members of the Judiciary Committee are permitted to offer Amendments which they desire to be applied to the Bill to add, change or eliminate some of its provisions. The panel must then consider each proposed Amendment and either vote to adopt or reject it.
An easy way to see the “mark-up” process, is that it is “give” and “take”, wheeling and dealing. “I’ll give you this (my vote)…if you give me that (my amendment)”. Senators get to play to the camera and say tough things (on the record) which they believe will improve their image in the eyes of their constituents, while all along knowing what their bottom line is and how they intend to vote from the beginning.
On the night before the markup hearing, the Bi-partisan Gang of Eight Senators met together on Capitol Hill late into the evening, to review and discuss each proposed amendment, determining which ones they could live with in order to garner more votes and those which would in their words – be the “poison pill” to kill the Bill. And in the end, in spite of the usual partisan political showmanship, the committee composed of 10 Democrats and 8 Republicans showed a refreshing display of unity last week, by adopting 21of 32 amendments to the Bill, 20 of which were by a bipartisan vote.
The committee will continue to vote on the hundreds of remaining amendments over the next several weeks and is expected to send the new, amended version of the Bill to the full Senate for a vote by all members by the end of this month. Once the Senate debate on the Bill begins, experts predict it could go on through the month of June.
You can obtain a free copy of our Immigration Reform Legalization explanation & advice about preparing to apply as a “Registered Provision Immigrant” once the law is passed by calling our office at: (954) 382-5378.
As expected, some 300 proposed Amendments were filed last week, nearly 200 of which were from Republican members alone. Predictably, conservatives offered restrictive amendments ranging from aims to toughen border security - to the virtual elimination of Registered Provision Immigrant status provisions, while democrats, on the other hand, proposed equally liberal provisions including conferring immigration benefits to same-sex partners.
As the Senate Immigration Reform Bill moves “Full Speed Ahead” in Committee, secret negotiations have been taking place behind closed door between a group of House Democrats and Republicans which resulted in a final deal being reached last week. Now, the group and their aides are busy working late into the night, drafting the House version of the Immigration Reform Bill.
The group of six includes Republican Representatives John Carter, Raul Labrador and Sam Johnson and Democrats Luis Gutierrez, Xavier Becerra and Zoe Lofgren supported by Republican House Speaker John Boehner and influential former VP Candidate Paul Ryan, who recently accompanied Rep Gutierrez on an Immigration Reform promotional tour.
House of Representatives Busy Drafting Immigration Reform Bill
With encouragement from House Speaker John Boehner, the bipartisan group has been meeting in secret for more than four years, ironing out major sticking points including provisions for a temporary guest worker program and giving immigrants access to Obamacare under the 2010 healthcare law. In the end, the group agreed to postpone a fight over the provisions for now, and work the issue out during the Judiciary Committee Amendment process or once it goes the full House floor for Amendments and a vote.
You can obtain a free copy of our Immigration Reform Legalization explanation & advice about preparing to apply as a “Registered Provision Immigrant” once the law is passed by calling our office at: (954) 382-5378.
Without disclosing the exact terms, insiders say that the deal includes legalization and a path to citizenship, as well as other major provisions including increased border security and guest worker visas to which the group have reached a Bi-Partisan “agreement in principle”. The final Bill is expected to be formally released by the first week of June.
At the same time, conservative Republican House Judiciary Committee chairman Bob Goodlatte has announced his own version of immigration reform, which does not provide a comprehensive reform, but instead, “piecemeal-type” Bills each dealing with separate immigration issues. Goodlatte is considered to be the major threat to the success of a House Immigration Bill with his chairmanship giving him a great deal of power - allowing him to control much of the legislative content of any proposed Bill which must pass through his committee.
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