Immigration Law blog

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

Recently, President Obama has expressed his view in support of same-sex marriage. This has raised a lot of questions in the Christian community as to his religious convictions. Some have asked what bible is the president reading. While others have questioned his political agenda. My goal is to explore the president's view from an immigration law perspective, not a political or religious one. What does the president's view on same-sex marriage mean for the United States Immigration Law? U.S. federal law defines marriage as a union between two people of different sexes. Meaning between a man and a woman. Immigration…Read More

Most illegal or undocumented immigrants who brought their young children with them eventually had other children born in the U.S. and hence U.S. citizens. These parents with both U.S. citizen children and non-U.S. citizen children unlawfully in the US are often heartbroken by the choices they have to make. How does a parent explain to his or her two teenage children, one, a U.S. citizen and the other a non-U.S. citizen that one can stay in the U.S. while the other cannot? How do they explain that one child must go to an unknown land while the other can remain…Read More

Lawmakers are working to block President Obama's recent effort to stop the deportation of illegal or undocumented immigrants brought into the US as children by granting them deferred action. The GOP has introduced a bill to that effect. The opposition has criticized the president for allegedly bypassing Congress in making its recent decision on deferred action. Some undocumented immigrants are unaware they are in the U.S. unlawfully. For example, many children brought to the U.S. at an early age grow up believing they are American citizens. They have no recollection of life outside the United States. All they know is…Read More

Deferred Action: On June 15, 2012, Janet Napolitano, the Secretary of Homeland Security, announced a new policy. It allows certain undocumented immigrants brought to the U.S. as children to stay. They must not pose a risk to national security or public safety. Additionally, they need to meet specific criteria. Qualified individuals must show that: They came to the United States under the age of sixteen; They have continuously resided in the United States for at least five years preceding June 15th, 2012 and are present in the United States on June 15th, 2012; They are in school, have graduated from…Read More