Immigration resource news magazine for United states of america» Waivers

Proposed Law on Public Charge for Denying Cases for More Current and Potential Welfare Benefits Recipients

Tiyalaw — Thu, 27 Sep 2018 07:00:27 +0000

Proposed Law on Public Charge for Denying Cases for More Current and Potential Welfare Benefits Recipients

Recently, U.S. Citizenship and Immigration Services (USCIS) proposes new law to widen the “public charge” determination for recipients of various welfare benefits. Those who are likely to become a “public charge” at any time in the future will be inadmissible and disqualify from various immigration green card applications, admissions, visas; and nonimmigrant change of status and extension of stay.
USCIS will publish the effective date for proposed rules upon completing public comments and reviews.

The public benefits (beyond certain thresholds) that are covered by the proposed “public charge” determination includes:

Receipt of designated public benefits, including cash assistance for income maintenance, Medicaid (with limited exceptions for Medicaid benefits paid for an “emergency medical condition,” and for certain disability services related to education), Medicare Part D Low Income Subsidy, the Supplemental Nutrition Assistance Program (SNAP, or food stamps), any benefit provided for institutionalization for long-term care at government expense, Section 8 Housing Choice Voucher Program, Section 8 Project-Based Rental Assistance, and Public Housing. Generally, these covered benefits represent the largest Federal programs for low-income people by total expenditure that address basic living needs such as income, housing, food, and medical care.
Under the proposed rule, receipt of public benefits that are not covered by the 1999 Interim Field Guidance (i.e., Medicaid, the Medicare Part D Low Income Subsidy, SNAP, and the designated housing benefits) would not be considered for public charge purposes. Only such benefits receipt that occurred after a final rule becomes effective will be considered public charge.

The proposed rules will not affect foreign nationals specifically exempted from the public charge ground of inadmissibility, such as refugees, asylees, Afghans and Iraqis with special immigrant visas, nonimmigrant trafficking and crime victims, individuals applying under the Violence Against Women Act (VAWA), and special immigrant juveniles; and also excludes consideration of benefits received by U.S. citizen children of aliens who will acquire citizenship under either section 320 or 322 of the INA, and by alien service members of the U.S. Armed Forces.

Additionally, most lawful permanent residents would not be subject to inadmissibility determinations; certain exceptions apply.

For additional information, please visit:

https://www.uscis.gov/legal-resources/proposed-change-public-charge-ground-inadmissibility

September 22, 2018

https://www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; https://immigrationresource.net

Aik Wan Kok at Tiya represents companies, employers, individuals and families, located nationwide and internationally, in U.S. Immigration Law. We focus on diverse immigration cases such as extraordinary ability; national interest waiver; PERM; green card; N-400 Naturalization; various waivers; H cases; L executive, manager and specialized knowledge professional; E treaty investor/trader; cases with USCIS, U.S. Department of Labor, U.S. Consulates and National Visa Center.

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Implementing New Immigration Policy on Referral for Removal/Deportation

Tiyalaw — Wed, 26 Sep 2018 23:12:37 +0000

Implementing New Immigration Policy on Referral for Removal/Deportation

On October 1, 2018, U.S. Citizenship and Immigration Services (USCIS) will begin implementing updated immigration policy (issued on June 28, 2018) on removal (deportation).

A removal proceeding is initiated by filing a Form I-862, Notice to Appear (NTA) with the Immigration Court. Although U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP) have authority to issue NTAs, USCIS may also initiate NTAs.

Generally, NTA issuance applies to following situations:

1. National security cases.

2. USCIS will continue to issue NTAs in the following circumstances:

(a) Termination of Conditional Permanent Resident Status and Denials of Form I-751, Petition to Remove the Conditions of Residence (8 CFR §§ 216.3, 216.4, 216.5).

(b) Termination of Conditional Permanent Resident Status and Denials of Form I-829, Petition by Entrepreneur to Remove Conditions on Permanent Resident Status (8 CFR § 216.6).

(d) Denials of Nicaraguan and Central American Relief Act (NACARA) Section 202 and Haitian Refugee Immigration Fairness Act (HRIFA) adjustment of status applications: 1. NACARA 202 adjustment denials (8 CFR § 1245.13(m)); 2. HRIFA adjustment denials (8 CFR § 245.15(r)(2)(i)).

(e) Asylum, NACARA Section 203, and Credible Fear cases

3. Fraud, Misrepresentation, and Abuse of Public Benefits Cases under various circumstances.

(a) Criminal cases/issues under various circumstances

4. Denial of N-400 under various circumstances including, but are not limiting to:

(a) Good moral character (GMC) grounds based on the underlying criminal offense, and that the alien is removable.

(b) Ineligible for naturalization such as inadmissible at the time of adjustment or admission to the United States.

5. Upon issuance of an unfavorable decision for an application, petition, or benefit request, and the alien is not lawfully present in the United States, USCIS will issue an NTA. For examples, I-485 application for adjustment of status, I-539 application to extend or change nonimmigrant status

6. Other miscellaneous circumstances including, but are not limiting to: Upon request by a foreign national on a limited and discretionary basis.

7. The NTA policy issued on June 28, 2018 will not be implemented with respect to employment-based petitions and humanitarian applications and petitions at this time – existing guidance for these case types will remain in effect.

For additional information, please visit:

https://www.uscis.gov/news/alerts/uscis-begin-implementing-new-policy-memorandum-notices-appear

and

https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2018/2018-06-28-PM-602-0050.1-Guidance-for-Referral-of-Cases-and-Issuance-of-NTA.pdf

September 26, 2018

https://www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; https://immigrationresource.net

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Immigration Help for Those Affected by California Wildfires

Tiyalaw — Wed, 15 Aug 2018 19:45:24 +0000

Immigration Help for Those Affected by California Wildfires

U.S. Citizenship and Immigration Services (USCIS) will expedite or provide discretionary handling of immigration cases impacted by unforeseen or extreme situations, or natural catastrophes such as the recent California wildfires.

Expedite or discretionary request may be made during or after filing an immigration case.

Upon request, USCIS will provide the following on a discretionary basis:

Changing or extending a nonimmigrant status in the U.S.: If you don’t apply for the extension or change before your authorized period of admission expires, USCIS may excuse a delay in applying for the extension or change before an authorized period of admission expires if it was due to extraordinary circumstances beyond the nonimmigrant’s control;
Re-parole of individuals previously granted parole by USCIS;
Expediting processing of advance parole requests;
Expediting adjudication of requests for off-campus employment authorization for F-1 students experiencing severe economic hardship;
Expediting adjudication of employment authorization applications;
Consideration of fee waivers due to an inability to pay;
Extension of response time or acceptance of a late response to a Request for Evidence or a Notice of Intent;
Rescheduling an interview with USCIS;
Expediting replacement of lost or damaged immigration or travel documents issued by USCIS, such as a Permanent Resident Card (Green Card); and
Rescheduling a biometrics appointment.

For additional information, please visit: https://www.uscis.gov/humanitarian/special-situations

August 15, 2018

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Immigration News: USCIS New Policy on Unlawful Presence for F, J and M Nonimmigrants

Tiyalaw — Sat, 12 May 2018 19:38:12 +0000

Immigration News: USCIS New Policy on Unlawful Presence for F, J and M Nonimmigrants

Effective August 9, 2018, U.S. Citizenship and Immigration Services (USCIS) implements a new and more restrictive immigration policy on the accrual of unlawful presence for F, J and M nonimmigrants and their dependents, admitted/authorized to stay for duration of status (D/S) or until a specific date. This USCIS new policy is to update Chapter 40.9.2 of the USCIS Adjudicator’s Field Manual.

F and M are student visas. An F visa is for an academic student to study in the U.S. at an accredited college, university, seminary, conservatory, academic high school, elementary school, or other academic institution or in a language training program. An M visa (vocational student) is participating in vocational or other nonacademic programs, other than language training. J is an exchange visitor visa for participating in an approved program for teaching, instructing or lecturing, studying, observing, conducting research, consulting, demonstrating special skills, receiving training, or to receive graduate medical education or training.

For nonimmigrants above who failed to maintain immigration status before August 9, 2018, their unlawful presence starts from August 9, 2018, unless they have previously started accruing unlawful presence on the earliest day of the following:

The day after DHS denied the request for an immigration benefit, if DHS made a formal finding that the individual violated his or her nonimmigrant status while adjudicating a request for another immigration benefit;
The day after their I-94 expired; or
The day after an immigration judge or in certain cases, the Board of Immigration Appeals (BIA), ordered them excluded, deported, or removed (whether or not the decision is appealed).

For nonimmigrants above who failed to maintain nonimmigrant status on or after August 9, 2018, their unlawful presence starts on the earliest day of any of the following:

The day after they no longer pursue the course of study or the authorized activity, or the day after they engage in an unauthorized activity;
The day after completing the course of study or program, including any authorized practical training plus any authorized grace period;
The day after the I-94 expires; or
The day after an immigration judge, or in certain cases, the BIA, orders them excluded, deported, or removed (whether or not the decision is appealed).

A dependent’s status (F-2, J-2 and M-2) ends when the nonimmigrant status of the F-1, J-1 or M-1 ends. Alternatively, a dependent’s status in F-2, J-2 or M-2 may end due it his/her own’s activities or situations.

The accrual of unlawful presence for individuals present in the United States who are not in F, J, or M nonimmigrant status remains unchanged.

Unlawful presence affects an individual’s immigration benefits. Generally, individuals subject to a time bar are ineligible for a visa, admission, or Green Card unless they have an approved waiver or another form of relief. For examples, an individual with over 180 days of unlawful presence in a single stay may, upon departing the US, trigger a 3-year or 10-year bar from entering the U.S. Individuals who have over a year of unlawful presence who either reentered or attempted to reenter the US may trigger a permanent bar to inadmissibility.

For additional information on USCIS new policy on unlawful presence for J, F and M nonimmigrant status, please see

https://www.uscis.gov/sites/default/files/USCIS/Outreach/Draft%20Memorandum%20for%20Comment/AccrualofUnlawfulPresenceFJMNonimmigrantsMEMO_v2.pdf

May 11, 2018

This article is intended for informational purposes only, and should not be relied on as legal advice or attorney-client relationship. By Aik Wan Kok, Lawyer USA Immigration Services, at Tiya; Tel: 703-772-8224 & info at tiyaimmigration dot com; Direct dial from abroad: 001-703-7728224; https://www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; https://immigrationresource.net
Aik Wan Kok Fillali at Tiya represents companies, employers, individuals and families, located nationwide and internationally, in U.S. Immigration & Nationality Law. We focus on diverse immigration cases such as extraordinary ability; national interest waiver; PERM; green card; N-400 Naturalization; various waivers; H cases; L executive, manager and specialized knowledge professional; E treaty investor/trader; cases with USCIS, U.S. Department of Labor, U.S. Consulates and National Visa Center.

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USCIS Procedures on Immigration Help for Those Affected by Hurricane Irma

Tiyalaw — Thu, 14 Sep 2017 18:00:02 +0000

USCIS Procedures on Immigration Help for Those Affected by Hurricane Irma

On September 13, 2017, U.S. Citizenship and Immigration Services (USCIS) announced detailed immigration services to help people affected by unforeseen circumstances/disaster. Specifically, USCIS provided an example as those affected by Hurricane Irma. This USCIS clarification is important because such immigration services are highly discretionary. This detailed announcement on September 13, 2017 is in addition to its September 12, 2017 confirmation on immigration help for Hurricane Irma victims. See https://immigrationresource.net/uscis-announced-immigration-help-for-those-affected-by-hurricane-irma/

While Hurricane Irma has caused serious damages in many parts of Florida, U.S. is still recovering from the aftermath of recent Hurricane Harvey in Texas. Previously, on August 30, 2017, USCIS announced the same discretionary temporary reliefs to individuals impacted by Hurricane Harvey.

Immigration help for these individuals are given on a case-by-case basis upon request. Applicant must include an explanation on how the impact of Hurricane Irma has caused a need for such services. The services that may be available are:

Changing a nonimmigrant status or extending a nonimmigrant stay for an individual currently in the United States. Non-timely extension or change of status may be excused if the delay was due to extraordinary circumstances beyond the applicant’s control;
Re-paroling individuals previously on parole by USCIS;
Expediting processing of advance parole;
Expediting adjudication of requests for off-campus employment authorization based on severe economic hardship for F-1 students;
Expediting adjudication of employment authorization applications, where applicable;
Considering fee waivers due to an inability to pay;
Assisting those with a Request for Evidence or a Notice of Intent to Deny who were unable to submit evidence or respond timely;
Assisting those who are unable to appear for a USCIS scheduled interview;
Expediting replacement of lost or damaged immigration or travel documents issued by USCIS, such as a Permanent Resident Card (Green Card); and
Rescheduling a biometrics appointment.

September 13, 2017

This article is intended for informational purposes only, and should not be relied on as legal advice or attorney-client relationship. By Aik Wan Kok, Lawyer USA Immigration Services, at Tiya; Tel: seven zero three – 772-8224 & info at tiyaimmigration dot com; Direct dial from abroad: 001-703-772-8224;

https://www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; https://immigrationresource.net

Need help with green card, work visas, work permit, sponsoring family, sponsoring employees, sponsoring relatives, hardships or immigration waivers, U.S. naturalization/citizenship, and cases with USCIS, Department of Labor or immigration? We represent employers, companies, individuals, and families in U.S. Immigration & Nationality Law. Our clients are based nationwide in the U.S. and internationally. We represent diverse immigration cases including, but are not limiting to: extraordinary ability; national interest waiver; PERM with U.S. Department of Labor; I-130 for sponsoring relatives and families; I-140 for employment green card; I-485 to adjust status; I-765 work permit/employment authorization; I-131 for international travel and returning to the U.S; I-601 extreme hardship waiver relatives of U.S. citizen or green card holder; I-751 joint filing or waiver; I-212 waiver for deportation or removal order; J waiver; H-1B professional worker/specialty occupation; H-2B temporary worker; L executive, manager and specialized knowledge professional transferring from overseas; E treaty investors/traders; B-1 business visitor to the U.S.; B-2 visitor to the U.S.; F-1 student coming to study in the U.S.; matters pertaining to consular processing with U.S. consulates and National Visa Centers; cases with USCIS; cases with U.S. Department of Labor; PERM audit; RFE Request for Evidence; NOID Notice of Intention to Deny; and many more.

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USCIS Announced Immigration Help for Those Affected by Hurricane Irma

Tiyalaw — Wed, 13 Sep 2017 00:52:31 +0000

USCIS Announced Immigration Help for Those Affected by Hurricane Irma

Previously, on August 30, 2017, U.S. Citizenship and Immigration Services (USCIS) announced immigration services to help people affected by unforeseen circumstances/disaster. Specifically, USCIS provided an example as those affected by Hurricane Harvey.

With U.S. still recovering from the aftermath of recent Hurricane Harvey in Texas, Hurricane Irma has caused flooding, damages and chaos in many parts of Florida, since Sunday.

The August 30, 2017 temporary immigration reliefs from USCIS seem applicable to people affected by Hurricane Irma. Today, USCIS confirmed that such discretionary reliefs apply to those affected by Hurricane Irma. Hurricane Irma may be one of the USCIS special situations (if so impacted) for requesting certain discretionary reliefs from USCIS. This USCIS clarification is important given the highly discretionary nature of these immigration services.

Services, announced on August 30, 2017, for individuals affected by disasters such as Hurricane Harvey (including Hurricane Irma) are given on a case-by-case basis upon request. Applicant must include an explanation on the impact of Hurricane Harvey or Hurricane Irma causing a need for such services. The services that may be available are:

* Changing a nonimmigrant status or extending a nonimmigrant stay for an individual currently in the United States. Non-timely extension or change of status may be excused if the delay was due to extraordinary circumstances beyond the applicant’s control;

* Re-paroling individuals previously on parole by USCIS;

* Expedited processing of advance parole;

* Expedited adjudication of requests for off-campus employment authorization based on severe economic hardship for F-1 students;

* Expedited adjudication of employment authorization applications, where applicable;

* Consideration of fee waivers due to an inability to pay;

* Assisting those with a Request for Evidence or a Notice of Intent to Deny but were unable to submit evidence or respond timely;

* Assisting those who are unable to appear for a USCIS scheduled interview;

* Expedited replacement of lost or damaged immigration or travel documents issued by USCIS, such as a Permanent Resident Card (Green Card); and

* Rescheduling a biometrics appointment.

September 12, 2017

https://www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; https://immigrationresource.net

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Affected by Earthquakes in Japan, Ecuador and Burma (aka Myanmar)? US Immigration Relief Measures for Earthquakes

Tiyalaw — Tue, 26 Apr 2016 17:20:23 +0000

Affected by Earthquakes in Japan, Ecuador and Burma (aka Myanmar)? US Immigration Relief Measures for Earthquakes

U.S. immigration is offering temporary immigration relief or measures to assist people affected by the severe earthquakes in Japan, Ecuador and Burma. The country of Burma is also known as Myanmar.

The following temporary immigration relief or measures are available upon request:

Affected people who are currently in the U.S. may apply to change or extend their nonimmigrant status, even if their filing is made after an authorized period of admission has expired.
Affected people granted parole may apply for a re-parole.
Affected applicants for advance parole documents may request for expedited processing.
Affected F-1 students experiencing severe economic hardship may request for expedited adjudication of their off-campus employment authorization.
Affected people may request for expedited adjudication of their employment authorization application.
Affected people without an ability to pay for an application fee may request for a fee-waiver consideration.
Affected people who were unable to appear for an interview or respond to the immigration, and have received a Request for Evidence or a Notice of Intent to Deny, may submit timely evidence of being affected by the above natural disaster.
Affected people with lost or damaged immigration or travel documents (e.g. green card or permanent resident card) that were issued by U.S. Citizenship and Immigration Services (USCIS) may request for a replacement if the lost and damage was not their fault.

All the above applicants must file their applications through the regular immigration process. They must include a specific request for consideration on how the above natural disaster has caused a need for the requested relief or measure.

Need help with green card, work visas, work permit, sponsoring family, sponsoring employees, sponsoring relatives, hardship waivers, marriage waiver, and cases with USCIS, Department of Labor or immigration? We represent employers, companies, individuals and families in U.S. Immigration & Nationality Law. Our clients are based within the U.S. and internationally. We represent diverse immigration cases in naturalization/citizenship, green card, work visas, waiver and other immigration matters. Some of our cases including, but are not limiting, extraordinary ability; national interest waiver; PERM with Department of Labor; I-130 for sponsoring relatives and families (child, spouse, brother, sister, stepchild); I-140 for employment; I-485 to adjust status; I-765 work permit/employment authorization; I-131 for international travel and returning to the U.S; I-601 extreme hardship waiver for spouse, parent, son and/or daughter or child of U.S. citizen or green card holder; I-751 joint filing or waiver; I-212 waiver for deportation or removal order; J waiver; H-1B professional worker/specialty occupation; H-2B temporary worker; L executive, manager and specialized knowledge professional transferring from overseas; B-1 business visitor to the U.S.; B-2 tourist visiting the U.S.; F-1 student coming to study in the U.S.; consular processing with U.S. consulates; consular processing via National Visa Centers; filing cases with the USCIS; filing cases with the U.S. Department of Labor; PERM audit; RFE Request for Evidence by USCIS; NOID Notice of Intention to Deny from USCIS; and Immigration Courts.

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Get Ready to Apply for DAPA Around May 19, 2015 & Expanded DACA Around February 18, 2015! New Executive Actions on U.S.A. Immigration

Tiyalaw — Tue, 23 Dec 2014 16:02:47 +0000

Get Ready to Apply for DAPA Around May 19, 2015 & Expanded DACA Around February 18, 2015! New Executive Actions on U.S.A. Immigration

The President announced important executive actions on November 20, 2014.

Undocumented parents of U.S. citizens and lawful permanent residents may request deferred action and apply for a 3-year work permit (employment authorization document/EAD) under the Deferred Action for Parental Accountability Program (DAPA). On November 20, 2014, they must be parents of U.S. citizens or lawful permanent residents born on or before November 20, 2014. Among other things, such parents must also have been continuously residing in the U.S. since January 1, 2010; and must have passed the required background checks. Eligible applicants should be able to apply for DAPA around May 19, 2015.

Additionally, the executive actions are expanding the categories of undocumented individuals who may apply for provisional waivers. Provisional waiver is a process for an eligible applicant to apply for approval of waiver of certain time bar prior to departing the U.S. for immigrant-visa consular processing. The waiver is for time bar that would have been triggered by by departing the U.S. after having certain period of unlawful presence in the U.S. The expanded provisional waiver is including those who have resided in the U.S. for at least 180 days; and who are spouses, or sons and daughters of green card holders, or sons and daughters of U.S. citizens.

The executive actions are also expanding DACA eligibility. DACA is Deferred Action for Childhood Arrivals. The executive actions are expanding work authorization to 3 years from 2 years; the age requirement to include those born prior to June 15, 1981; the continuing residence to include those residing in the U.S. since January 1, 2010 instead of June 15, 2007. All other DACA prior requirements must be met. Eligible applicants should be able to apply for this expanded DACA around February 18, 2015. The U.S. Citizenship and Immigration Services (USCIS) is already approving work permit/work authorization for 3 years for certain applications for DACA extensions.

These recent executive actions have not yet been implemented. Applications based on these new executive actions cannot be filed at this time until the anticipated dates above. The government will provide guidelines in the coming months. The guidelines may provide additional criteria. Please stay tune and sign up for our eNews for future updates.

This article is intended for informational purposes only, and should not be relied on as legal advice or attorney-client relationship.

By Aik Wan Kok Fillali, Lawyer USA Immigration Services, at Tiya; Tel: 703-772-8224 & koka at tiyalaw dot com; Direct dial from abroad: 001-703-772-8224; https://www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; https://immigrationresource.net

We represent employers, companies, and individuals and families in green card, citizenship/naturalization, and work visa matters in U.S. Immigration & Nationality Law. We also have a focus on naturalization and green card cases such as extraordinary ability, national interest waiver, PERM, family, and waiver cases. Additionally, we focus on temporary visas such as work visas, family visas, nonimmigrant visas, and waiver matters.

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New Executive Actions on U.S.A. Immigration

Tiyalaw — Thu, 20 Nov 2014 17:00:35 +0000

New Executive Actions on U.S.A. Immigration

The President announced important executive actions on November 20, 2014.

Undocumented parents of U.S. citizens and lawful permanent residents may request deferred action and apply for a 3-year work permit (employment authorization document/EAD) under the Deferred Action for Parental Accountability Program (DAPA). On November 20, 2014, they must be parents of U.S. citizens or lawful permanent residents born on or before November 20, 2014. Among other things, such parents must have been continuously residing in the U.S. since January 1, 2010; and must have passed the required background checks.

The executive action is expanding the categories of undocumented individuals who may apply for provisional waivers. It is including those who have resided in the U.S. for at least 180 days; and who are spouses or sons and daughters of green card holders, or sons and daughters of U.S. citizens.

These executive actions have not been implemented yet. The government will provide guidelines in the coming months. The guidelines may provide for additional criteria. Please stay tune and sign up for our eNewsletter for future updates.

This article is intended for informational purposes only, and should not be relied on as legal advice or attorney-client relationship.

We represent employers, companies, and individuals and their families in green card, citizenship and work visa matters in U.S. immigration law. We also have a focus on green card cases such as extraordinary ability, national interest waiver, PERM, family; and work visas, family visas, nonimmigrant, and waiver matters.

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PROPOSED IMMIGRATION REFORM SUMMARY: “BORDER SECURITY, ECONOMIC OPPORTUNITY, AND IMMIGRATION MODERNIZATION ACT”

Tiyalaw — Wed, 17 Apr 2013 23:01:12 +0000

PROPOSED IMMIGRATION REFORM SUMMARY

“BORDER SECURITY, ECONOMIC OPPORTUNITY, AND IMMIGRATION MODERNIZATION ACT”

On April 17, 2013, the U.S. Senate introduced proposed immigrant reform in an Immigration Bill: “Border Security, Economic Opportunity, and Immigration Modernization Act”. The proposed law included, but are not limited, to the following:

REGISTERED PROVISION IMMIGRANT (RPI)

A. Registered Provision Immigrant (RPI) status for undocumented persons in U.S. prior to December 31, 2011:

1. Eligibility:

(a) Continuous physical presence since December 31, 2011- certain exceptions apply such as brief trips after December 31, 2011.

(b) Derivative spouses and unmarried children also eligible if physically present when principal granted and present on December 30, 2012.

(c) Can apply for RPI status from outside U.S. if physically present in U.S. prior to December 31, 2011, were deported for non-criminal reason, and have USC or LPR spouse or child.

(d) Current removal proceedings or reinstatement does not bar eligibility.

(e) Public charge, labor certification and documentation requirements grounds of inadmissibility do not apply.

(f) Unlawful entry, stowaways, misrepresentation, and other grounds of inadmissibility do not apply unless inadmissible conduct after statute enacted.

(g) Failure to attend removal proceeding or prior removal grounds of inadmissibility does not apply unless after date of registration.

2. Ineligibility:

(a) If convicted of three misdemeanors or one felony, aggravated felony, voted unlawfully, national security, or health-related grounds — minor traffic offenses excepted AND conviction does not include an expungement.

(b) If green card status, refugee, valid non-immigrant status – except TPS status.

(c) Subject to grounds of inadmissibility not specifically exempted, but waivers available non-criminal, non-security related grounds of inadmissibility based on humanitarian concerns, family unity, public interest

3. Advantages:

(a) RPI status allows for protection from deportation, detention, work authorization, travel.

(b) No accrual of unlawful presence.

4. Application Process:

(a) Application period will be for one year after final regulation (possible 18 month extension).

(b) Pay filing fee, $500 penalty, and accessed taxes.

(d) Filing fee required for those 16 years old and over

(e) Biometrics and biographic will be conducted.

(f) Interview

5. Extension:

(a) RPI status renewable for an additional 6 year period upon payment of filing fee, $500 penalty, remains eligible, and maintenance of regular employment.

6. DACA Recipients’ Provisions:

(a) DHS may grant RPI status to DACA recipient if national security clearances and law enforcement clearances completed and no conduct since DACA approval that would make person ineligible for RPI.

B. Can apply to adjust to Green Card status after 10 years:

Some of the conditions included, but are not limited to:

Clearing of current family-based backlog and other matters.
Demonstrate continuous residence, payment of taxes, regular employment in U.S or poverty guidelines income, knowledge of English and civics, remains eligible for RPI (no denial or revocation).
Payment of filing fee and $1,000 penalty.
After 3 years, may apply for Naturalization after Green Card status.

DREAM ACT & GREEN CARD

DREAM ACT & applying for Green Card status for certain noncitizens who entered the U.S. as children:

1. Eligibility:

(a) RPI for five years.

(b) Younger than age 16 on date of initial entry to U.S.

(d) Has higher education degree or at least 2 years in good standing toward higher education degree; or has served in uniformed services for at least 4 years and, if discharged, received an honorable discharge. An exemption from this requirement is available based on hardship.

(e) Listing each secondary school attended in U.S.

(f) Has knowledge of civics and English; exception for physical or developmental disability.

(g) Time in RPI status can be considered as Green Card status for naturalization eligibility.

AGRICULTURAL WORKERS

1. Eligibility:

(a) Farmworkers who have been working in the U.S. for 100 “work days” in the last two years can qualify for Agricultural Card Program.

(b) They can apply for Green Card status after working in agricultural employment for either three years (at least 150 days/year) or five years (at least 100 days/year), show payment of taxes, no serious criminal conviction, and $400 fine.

(d) This streamlined agricultural guest worker program to replace current H-2A program and ensure adequate supply of farm laborers as well worker protections.

(e) W-2 visas will be for contract laborers; and W-3 visas will be for portable, at-will employment.

NONIMMIGRANT WORK VISA

Proposing an increase in annual cap on H-1B visas from 65,000 to 110,000 with gradual rise to 180,000 based on a High Skilled Jobs Demand Index
Protections for U.S. domestic workers by requiring employers to pay higher wages and undergo recruitment of U.S. workers.
Allocating more visas for those with degrees in science, technology, engineering, or mathematics (STEM), which could lead to Green Card status.
Providing a new W visa category for lower-skilled workers and their dependents.

Initial W visa will be for 3 years, extension available if not unemployed for more than 60 consecutive days.

Eligible employers must be registered and comply with worker protections.

There will be annual caps of W visas for first four years, beginning April 1, 2015 (20,000 for first year; 35,000 second year; 55,000 third year; 75,000 fourth year).

There will be a newly established Bureau of Immigration and Labor Market Research that will determine annual cap of W visas, declare shortage occupations, influence recruitment methods.

EMPLOYMENT VERIFICATION

Mandatory employment verification system (E-Verify) will be required. All employers must comply within five-years of issuance of implementing regulations; time frame varies depending on number of employees.
Non-citizens must show biometric work authorization card at time of hiring and be photo-matched with system.
U.S. citizens will undergo photo-matching of passports or drivers licenses.
Social security numbers will be “locked” into E-Verify system.

NATURALIZATION

English and civics requirements will not apply to: (a) those with mental or physical impairment ; or (b) 65 or older, been a Green Card holder for at least 5 years (new)
Civics requirement can be waived for anyone who’s at least 60 and has been an LPR for 10 years (new).
English not necessary if: (a) At least 50, and Green Card status for 20 years; (b) At least 55, Green Card status for 15 years; (c) At least 60, Green Card status for 10 years (new).

This article is intended for informational purposes only, and should not be relied on as legal advice or attorney-client relationship.

April 17, 2013: By Aik Wan Kok Fillali, Lawyer USA Immigration Services, at Tiya; Tel: 703-772-8224 & koka at tiyalaw dot com; Direct dial from abroad: 001-703-772-8224; https://www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; http://immigrationresource.net

We represent employers, and individuals and their families in green card, citizenship and work visa matters in U.S. immigration law. We also have a focus on green card cases such as extraordinary ability, national interest waiver, PERM, family; work and related visa matters such as H, L, P, O, E, K.