Immigration Law blog

One of the requirements of eligibility for the Provisional Unlawful Presence Waiver is the approval of an Immediate Relative Petition (Form I-130 or I-360) and the payment of the Immigrant Visa and Affidavit of Support fee to the Department of State (DOS). Non-US Citizens who had already scheduled their Immigrant Visa interviews before January 3rd, 2013, do not qualify. This date marks the publication of the final rule for the Provisional Unlawful Presence Waiver process. The date of scheduling by DOS is the relevant and controlling date. It is not the date and time the applicant must appear for the…Read More

Eight Senators; Schumer, McCain, Durbin, Graham, Menendez, Rubio, Bennet, and Flake recently came together to propose an Immigration reform legislation which they announced on January 28th 2013. The senators proposed immigration reform legislation with four parts, summarized below. I. Creating a Path to Citizenship for Unauthorized Immigrants Already Here  According to the senators, the proposed legislation will ultimately provide a tough, fair, and practical roadmap to address the status of unauthorized immigrants in the United States particularly because it is contingent upon the success of securing the US borders and furthermore addressing the issue of individuals who overstay their authorized…Read More

In the Provisional Unlawful Presence Waiver process, the waiver, by itself, does not convey a legal status. It is a secondary benefit to a primary application that would give a non-US Citizen legal immigrant status. The primary application is the Immigrant Visa, over which the Department of State (DOS)  has jurisdiction. The Provisional waiver only addresses grounds of inadmissibility (unlawful presence) that may prevent DOS from issuing the Immigrant Visa at the time of the applicant’s interview abroad. If USCIS approves the provisional waiver and DOS approves the Immigrant Visa, Customs & Border Protection (CBP) will inspect and determine the…Read More

HAPPY NEW YEAR! I hope this year will be the year of the much-anticipated Immigration Reform. This year started off right with the publication of the final rule of the Provisional Unlawful Presence Waiver. U.S. Citizenship and Immigration Services (USCIS) published a proposed rule on the provisional unlawful presence waiver on April 2, 2012, to allow certain immediate relatives of U.S. citizens who are seventeen years old and physically present in the United States but ineligible for lawful permanent resident status (green card) within the U.S., due to their unlawful presence in the US, to request provisional unlawful presence waivers…Read More

Recently, a comment was posted on my immigration blog titled "The Reality of USCIS Provisional Unlawful Presence Waiver. Stating: I've heard rumors suggesting that the Provisional Waiver might take effect on December 4th. I was informed that, in particular, individuals who have already paid their visa fees would not qualify for the Provisional Waiver. Furthermore, this applies even if they do not have an appointment scheduled in their country of origin. This blog post will attempt to respond and clarify certain issues relating to the proposed provisional unlawful presence waiver Effective Date of USCIS Proposed Provisional Unlawful Presence Waiver I…Read More

Based on the Secretary of Homeland Security’s June 15th, 2012 announcement, applicants for deferred action for childhood arrivals must show among other requirements that they are either: 1. Currently in school, 2. Have graduated or obtained a certificate of completion from high school, 3. Have obtained a General Education Development (GED) certificate, or 4. Have served honorably in the Coast Guard or Armed Forces of the United States and received a discharge.  What it means to be “In School” For Deferred Action purpose. What exactly United States Citizenship & Immigration Service (USCIS) considers being “in school” isn’t as straightforward as…Read More

Unlawful presence occurs when a non-U.S. citizen remains in the United States beyond the period of time authorized by the U.S. Immigration Agencies. The term also refers to persons present in the United States without being properly admitted or paroled. Penalty For Unlawful Presence- The Three & Ten Years Bar Any non-U.S. citizen who has been unlawfully present in the United States for more than 180 days but less than one year and voluntarily departs before removal or deportation proceedings will face a three-year bar from admission into the U.S., starting from the date of departure. Any non-U.S. citizen who…Read More

Beginning August 15th, 2012, USCIS will start accepting deferred action application from applicants. Applicants can concurrently file the application for deferred action with an application for a work authorization document. The Immigration application fee will be $465.00. USCIS Background Check for Deferred Action Application Applicants will be required to undergo biographic and biometric background checks. Applicants convicted of any felony, a significant misdemeanor offense, three or more misdemeanor offenses not occurring on the same date and not arising out of the same act, omission, or scheme of misconduct, or otherwise pose a threat to national security or public safety, will not…Read More

Deferred Action is a discretionary determination to defer removal or deportation action of an individual from the United States. Individuals granted Deferred Action status are eligible to receive employment authorization for two years, subject to renewal. They must demonstrate an "economic necessity for employment." Applicants must demonstrate eligibility for Deferred Action status through verifiable documentation. Guidelines of Requirements for Applying for Deferred Action for Childhood Arrivals To be considered for Deferred Action for Childhood Arrivals, applicants must submit evidence. This includes supporting documents showing that they: Were under the age of 31 as of June 15, 2012 Entered the United…Read More

U.S. law makes it an immigration and criminal violation for non-U.S. citizens to vote in Federal, State, or local elections that require U.S. citizenship. A non-citizen who votes violates these laws and becomes inadmissible and deportable from the U.S. Exception For Lawful Permanent Residents. (Green Card holders) There is an exemption from deportation and criminal prosecution. Certain non-U.S. citizens who mistakenly believe they are U.S. citizens and vote or register to vote in the United States are subject to this rule. This exception applies to lawful permanent residents who: 1.They must have resided in the United States before the age…Read More