Since revealing his story as an undocumented immigrant, Jose and others discuss their interesting stories: “There are an estimated 11.5 million people like me in this country, human beings with stories as varied as that of the U.S. itself yet who lack a legal claim to exist here. It’s an issue that touches people of all ethnicities and backgrounds: Latinos and Asians, blacks and whites. (And yes, undocumented immigrants come from all sorts of countries, like Israel, Nigeria and Germany.) It’s an issue that goes beyond election-year politics and transcends the limitations of our broken immigration system and the policies being written to address them.” Read more here.
President Obama announced today that effective immediately, certain young people who were brought to the United States as young children, do not present a risk to national security or public safety, and meet several key criteria will be considered for relief from removal from the country or from entering into removal proceedings. Those who demonstrate that they meet the criteria will be eligible to receive deferred action for a period of two years, subject to renewal, and will be eligible to apply for work authorization.
Under this directive, individuals who demonstrate that they meet the following criteria will be eligible for an exercise of discretion, specifically deferred action, on a case by case basis:
- Came to the United States under the age of sixteen;
- Have continuously resided in the United States for a least five years preceding the date of this memorandum and are present in the United States on the date of this memorandum;
- Are currently in school, have graduated from high school, have obtained a general education development certificate, or are honorably discharged veterans of the Coast Guard or Armed Forces of the United States;
- Have not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise pose a threat to national security or public safety;
- Are not above the age of thirty.
While this guidance takes effect immediately, USCIS and ICE expect to begin implementation of the application processes within sixty days. For more information about this directive, please call us at 978-905-9992.
As of June 11, 2012, USCIS received a sufficient number of petitions to reach the statutory cap for FY 2013. On June 7, 2012, USCIS also received more than 20,000 H-1B petitions on behalf of persons exempt from the cap under the advanced degree exemption. USCIS will reject petitions subject to the cap for H-1B specialty occupation workers seeking an employment start date in FY 2013 that are received after June 11, 2012. Accordingly, it is too late to begin working on a cap-subject H-1B petition for FY 2013 today.
For more information about this count, please call us at 978-905-9992.
Due to the high number of recently filed I-129 petitions with USCIS, clients may experience a longer than usual period of time to receive a receipt notice from USCIS. Usually, clients can expect to receive their receipt notice within 30 days of delivery confirmation. However, due to an unexpectedly high volume of I-129 petitions, it may be an additional two to four weeks before customers receive a receipt notice. For further information on contacting USCIS, click here.
“The collection of biometrics—including fingerprints, DNA, and face-recognition ready photographs—is becoming more and more a part of society. Both the Department of Homeland Security (DHS) and the Federal Bureau of Investigation (FBI) are in the process of expanding their biometrics databases to collect even more information, like face prints and iris scans. The expansion of biometric data collection, however, is uniquely affecting undocumented immigrants and immigrant communities. Under DHS’s Secure Communities program, for example, states are required to share their fingerprint data with DHS, thus subjecting undocumented and even documented immigrants in the United States to heightened fears of deportation should they have any interaction with law enforcement.” To continue reading, click here.
“The House of Representative’s version of the Violence Against Women Act, H.R. 4970, is harmful to victims of violence. This bill is intended to reauthorize the Violence Against Women Act (VAWA), a 1994 law with bipartisan support that has provided essential protections and services to women, men, and children who have been victims of violence. VAWA has been reauthorized numerous times since 1994, always with bipartisan support. H.R. 4970 changes VAWA in ways that leave the most vulnerable victims, particularly immigrants, without protections, and increases government regulation and bureaucracy.” To continue reading, click here.
“Consensus doesn’t seem to have a place in policy discussions about the state of the U.S. immigration system. But there is, at least, widespread agreement that the system needs fixing.” To continue reading, click here.
USCIS recently posted a Notice of Proposed Rulemaking in the Federal Register that would reduce the time U.S. citizens are separated from their spouses, children, and parents who must obtain an immigrant visa abroad to become lawful permanent residents of the United States. This rule would allow certain immediate relatives of U.S. citizens to apply for a provisional waiver of the unlawful presence ground of inadmissibility while still in the United States if they can demonstrate that being separated from their U.S. citizen spouse or parent would cause that U.S. citizen relative extreme hardship, thereby significantly reducing the time of separation between immediate relatives.
For more information about this proposed rule and to schedule a consultation, please call us at 978-905-9992.
U.S. Citizenship and Immigration Services (USCIS) recently announced that eligible Syrian nationals (and persons without nationality who last habitually resided in Syria) in the United States may apply for Temporary Protected Status (TPS) between now and September 30, 2013. It should be noted that USCIS will only accept applications filed through September 25, 2012. Syria joins El Salvador, Haiti, Honduras, Nicaragua, Somalia, Sudan, and South Sudan as countries currently designated for TPS. Through this designation eligible Syrian nationals will not be removed from the United States, and may request employment authorization. Eligibility for TPS will be determined with a showing of continual physical presence in the United States since March 29, 2012 as well as a showing of no criminal record and no threat to national security.
For more information about this designation and to schedule a consultation, please call us at 978-905-9992.
Welcome to the Agarwal Law Offices blog, which provides current events and legal news relating to U.S. immigration law. Updates by the United States Citizenship & Immigration Services (USCIS), the Executive Office of Immigration Review (EOIR), and the Department of Justice (DOJ) will be highlighted, as well as various articles, which speak to issues of immigration policy and reform.