Immigration News & Updates
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Immigration Reform Updates
Immigration News & Updates eNewsletter © 2011 - 2013
For questions about U.S. Residency, Green Cards and Immigration Visas, Visit our Website at: www.ImmigrateToday.com or call our office at: (954) 382-5378
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:
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!
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.
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…
Moving full steam ahead … Senate Judiciary Committee Chairman Patrick Leahy announced late last week that the Judiciary Committee is scheduled to begin markup on the Comprehensive Immigration Reform Bill on May 9th.
Senate sponsors expect the legislation, renamed the “Border Security, Economic Opportunity and Immigration Modernization Act” to be amended through this process which may end as soon as May 20th for a vote on the Senate floor so thereafter.
Immigration Reform Bill Stays On Track – In Spite of the
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.
As momentum builds, high profile party leaders like former Republicans VP candidate Rep. Paul Ryan and Democratic Rep. Luis Gutierrez began a tour last week to promote Comprehensive Immigration Reform and endorse the Bill. There’s a lot more coming up in the days ahead…stay tuned!
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Question: I came by a tourist visa to visit my mom (along with my daughter who is now 12 yrs old) back in 2005 after I went through a bad divorce in Jamaica. We didn’t have anything to go back to, so I decided to stay here. My mom filed a petition for me that same year, but since we weren’t legal anymore, we couldn’t get our green cards when the time came. I want to know if the reform passes, can people like us who can legally still get that legalization card ? Would that include my 12 yr old daughter or does she have to be at least 15 like you said about the dream kids? Can we still get green cards through my mom? Sorry for so many questions. Thanks so much.
Immigration Reform
Questions & Answers
Answer: Under the Comprehensive Reform proposal, immigrants who are currently inside the U.S., who can prove entry on or before December 30th 2011 and who have remained here (except for brief absences), will be eligible for Registered Provision Immigrant status no matter how they entered. This includes legal and illegal entries. There is no minimum age limit and children under age 14 will not be required to pay the $500 penalty.
Finally, while the Bill is not clear about the exact technical process, it is likely that once you and your daughter obtain Registered Provision Immigrant status, you will then also be eligible to adjust status to a Green Card through the family petition your mother filed for you. We will know more once the final Bill passes and the regulations are released. I hope this was helpful to you.
Question: I am a citizen, if I file for my single 35 year old daughter and her 3 children ages 11-16 in Jamaica, what would the V-visa do for her? THANKS
Immigration Reform
Questions & Answers
Answer: The reform proposal, if passed in its current form, will provide a special “V” Visa for Adult, single children (and their minor children under age 21) of U.S. Citizens and U.S. Residents (Green Card holders) AND married children (including their spouse and minor children under age 21) 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. You should file for your daughter now to get her into the immigrant visa line, but there will be no immediate “V” Visa benefits until the law is enacted. Those who have approved I-130 petitions at that time should be able to apply immediately upon implementation of the law. This would allow your daughter and her children to live in the U.S., your grandchildren to attend school and your daughter to work while waiting for an immigrant visa to become available. I hope that was helpful to you.
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.
**** Breaking News ****
