Immigration Blog Luba Smal Attorney at Law - Smal Immigration Law Office

Temporary glitch with scheduling Biometrics appointments at Vermont Service Center, USCIS VSC.

2/9/2015

The Vermont Service Center USCIS is currently experiencing problems with its biometric scheduling system, which has resulted in a temporary halt in sending biometrics notices in all cases at VSC with the exception of TPS-related applications.

The glitch affects cases that were filed with VSC USCIS in December 2014 and January 2015. VSC is working on the problems and expects to begin sending notifications on or around February 12, 2015 to individuals whose applications were filed in December and January.

DHS USCIS is preparing for millions of new DAPA and DACA applications in year 2015. USCIS is hiring 1,000 new employees.

2/4/2015

USCIS could struggle to process millions of undocumented immigrants who may apply for legal protection under President Barack Obama's recent announcements on immigration, a Senate committee was told on Wednesday.

U.S. Citizenship and Immigration Services (USCIS), which handles immigrant visa and naturalization petitions, could be overwhelmed by the surge in workload later this year even if it hires an additional 1,000 workers as planned.

USCIS is expected to receive 4.5 million new DACA and DAPA deferred action applications in the coming months.

Congressional Republicans say Obama has overstepped his constitutional bounds and are trying to pass legislation to block funding for his immigration policies but Democrats in the Senate on Tuesday derailed the Republican effort. As the legislative battle continues, funding for the entire Department of Homeland Security, of which USCIS is a part, runs out at the end of February.

"The administration has informed this committee that it plans to hire 1,000 new workers" to process the applications, Bellocchi said, but "questions immediately surface whether this number will be sufficient without creating extreme backlogs."

He said new workers would have to process and adjudicate 4,500 applications each during the six-month target period. "Including weekends, that would mean 25 to 27 applications per day for 1,000 adjudicators," Bellocchi, who is now an immigration attorney in the private sector, told the committee.

USCIS has roughly 13,000 full-time officers and 5,000 contractors and they handle most applications on paper. Read at: http://www.reuters.com/article/2015/02/04/us-usa-congress-immigration-idUSKBN0L81Q320150204

***Our office is ready to provide legal assistance to DACA and DAPA applicants.
DAPA (Deferred Action for Parents of Americans and Lawful Permanent Residents) is a new deferred action program. It was expected that DAPA application period will open around May 20, 2015. It means that USCIS is not accepting DAPA applications just yet (applications from parents of US citizen children and lawful permanent resident children). You can start work on preparing your supporting documents for USCIS, however, you have to wait to file until USCIS is ready. New application forms and official guidelines are expected to be released in May 2015. As of February 16, 2015, both expanded DACA and DAPA have been placed on hold until further notice. Avoid notario scam and don't pay anyone to submit your DAPA applications until it's been announced by the USCIS that they start accepting applications. It might be later than May 2015, if a federal case is still pending. If you need help please email an attorney at [email protected] .***

Treaty Trader and Treaty Investor E-1 and E-2 visas: effective May 1, 2015, electronic visa application process at the US Consulate in Vienna, Austria.

1/30/2015

Treaty Traders and Treaty Investors Visa E-1 and E-2 visas: new application procedures when applying at the US consulate in Vienna, Austria. Effective May 01, 2015, only electronic submissions will be accepted.The Immigration and Nationality Act provides non-immigrant visa status for a national of a country with which the United States maintains a treaty of commerce and navigation who is coming to the United States to carry on substantial trade, including trade in services or technology, principally between the U.S. and the treaty country, or to develop and direct the operations of an enterprise in which the national has invested, or is in the process of investing a substantial amount of capital which is at risk in a commercial sense.

TREATY TRADER (E-1) REQUIREMENTS:

The applicant must be a national of a treaty country;
The trading firm for which the applicant is coming to the U.S. must have the nationality of the treaty country. Please note that the nationality of an enterprise is determined by the nationality of the enterprise's owner(s);
The international trade must be "substantial." There must be a sizeable and continuing volume of trade (trade means the international exchange of goods, services, and technology). Title of the trade items must pass from one party to the other;
The trade of the U.S. enterprise must be principally between the U.S. and the treaty country. More than 50 percent of the international trade involved must be between the U.S. and the country of the applicant's nationality;
The applicant must be employed in a supervisory or executive capacity, or possess highly specialized skill essential to the efficient operation of the firm. Ordinary skilled or unskilled workers do not qualify. Please note that a detailed explanation of why the applicant's skills are essential for the enterprise in the U.S. is required.

TREATY INVESTOR (E-2) REQUIREMENTS:

The investor, either a real or corporate person, must be a national of the treaty country;
The investment must be substantial and placed "at risk" and the funds have to be "irrevocably" committed. The investment must be sufficient to ensure the successful operation of the enterprise. If the funds are not subject to partial or total loss if business fortunes reverse, then the investment is not an investment in the sense intended by the Immigration and Nationality Act (INA) 101(a)(15)(E) and in 9 Foreign Affairs Manual (FAM) 41.51.;
The investment must be in a real operating enterprise.Speculative or idle investment does not qualify. Uncommitted funds in a bank account or mere ownership of undeveloped land are not considered an investment. Payments in the form of leases or rents for property or equipment may be calculated towards the investment in an amount limited to the funds devoted to that item in any one month;
The investment may not be marginal. Based on 9 FAM 41.51, the enterprise must either show a financial return that significantly exceeds what is necessary to support a living for the investor or else the enterprise must have the capacity, present or future, to make a significant economic contribution;
The investor must have control of the funds. Loans secured with the assets of the investment enterprise are not allowed. Loans secured with personal assets are acceptable;
The investor must be coming to the United States to develop and direct the enterprise. If the applicant is not the principal investor, he or she must be employed in a supervisory, executive, or highly specialized skill capacity. Based on 9 FAM 41.51 Note 14.3 a detailed explanation of why the applicant's skills are "essential" for the enterprise in the United States is required or based on 9 FAM 41.51 Note 14.2 a detailed explanation of why the applicant possesses qualifying "executive or supervisory" experience.

E VISA APPLICATION PROCESSING:

As of May 1, 2015 electronic submission is the only acceptable method for E visa submission! Cases must be submitted to: [email protected].
Please use the e-mail subject line: “Surname, Given Name, Business Name, E Visa Application”. Use this email address for specific E visa questions as well as regarding E visa cases already submitted.
E visa package, submitted electronically, should not exceed 7MB (about 100 pages, pdf only). You may use multiple attachments. Do NOT send “linked” files, as we cannot access or open these. Please scan documents with a maximum of 300 DPI to keep file size small.
Between now and May 1, 2015 E visa applications may either be submitted electronically or as a printed paper version.Please limit paper versions to 100 pages and note that the review for paper versions might take longer. The mailing address for paper applications is: U.S. Embassy, Boltzmanngasse 16, A-1090 Wien, Att: Consular Section/E Visa Unit.

To begin the process to obtain your E visa, follow the instructions (step 1 and step 2) provided on our homepage at:http://austria.usembassy.gov/niv_applic.html. You may submit your E visa package only once you have completed the visa application form DS-160 and paid the application fee.

Case review begins upon receipt of a complete application. Incomplete applications will delay processing. Should your case require additional documentation, this office will contact you or your attorney via e-mail.

Interview scheduling: Please note that all applicants for Treaty Trader/Investor visa will only be able to schedule their appointment for the visa interview only after submitting the request and receiving the approval for appointment from the Embassy. The request can only be approved once the review has been completed.

Formal adjudication of the case begins with the in-person interview. If, after the interview, the case should require additional documentation, you will receive clear guidance from the Consular Officer on what to submit, and by what method.

There are three different categories of E visa submission:

If this is your first E visa, and you are either applying to work as an employee for a new E visa enterprise or you yourself are the investor, you must submit following documentation: Forms DS-160 and DS-156E; the statement about your intent to return upon termination of your E status; and the full E visa documentation package. Full instructions to build an appropriate E visa package are available here:Instructions for Applying for Nonimmigrant E1/E2 Visas.
If you are renewing your E visa, provide the following documentation: Forms DS-160 and DS-156E; the statement about your intent to return upon termination of your E status; a letter from your employer/the U.S. enterprise containing a detailed description of the enterprise’s past and planned activities; proof that the enterprise is still operating, such as copies of the last available U.S. corporate tax returns/updated profit and loss statement/balance sheet/W-2 forms for employees and/or payroll documentation and. Only if there has been a change in the enterprise’s ownership the new ownership documentation needs to be submitted as well.
If this is your first E visa, but you are applying to work as an employee for a previously- qualified E visa enterprise, provide the following documentation: Forms DS-160 and DS-156E; the statement about your intent to return upon termination of your E status; a detailed resume or CV and documentation of your professional qualification (such as copies of education degrees, job training certificates and/or letters from previous employers); a letter of support from your prospective U.S. employer containing a detailed position description; proof that the enterprise is still operating, such as copies of the last available US tax return/updated profit and loss statement/balance sheet/W-2 forms for employees and/or payroll documentation and. Only if there has been a change in the enterprise’s ownership the new ownership documentation needs to be submitted as well.

See more at: Non-Immigrant Visa Section | Embassy of the United States Vienna, Austria

FAM Update: exceptional circumstances for filing I-130 at the US Consulate abroad. 9 FAM 42.41 Notes.

1/29/2015

A FAM update provides two new examples of the types of exceptional circumstances where consular officers should request authorization from USCIS to accept I-130 petitions.

The new examples involve adoption of a child, and short notice of position relocation.

See at 9 FAM 42.41 Notes
http://www.state.gov/documents/organization/87842.pdf

9 FAM 42.41 N4.2-7 Adjudicating Exceptional Circumstance I- 130 Cases (CT:VISA-2247; 01-28-2015)

a. Consular officers assigned to posts with USCIS public counter presence cannot accept filing or adjudicate the Form I-130, Petition for Alien Relative, and must refer petitioners instead to USCIS.

b. If a consular section without a USCIS public counter presence encounters an exceptional circumstance case, then the Consular Chief, or another designated officer, must receive authorization from the regional USCIS Field Office Director (or his/her designee) prior to accepting and adjudicating the filing. Post should contact the appropriate USCIS field office by phone or e-mail, providing the specifics of the reason for the exception request. USCIS will have discretion to determine which cases can be processed using the exceptional circumstances procedures and which petitioners should be directed to file by mail with the USCIS lockbox in the United States. USCIS may authorize post to accept the case over the telephone in particularly emergent circumstances but will always communicate his or her decision via email to the post within 1-3 business days of receipt of the request for record-keeping purposes.

c. The following are examples of the types of exceptional circumstances where consular officers should request exceptional authorization from USCIS to accept I-130 petitions:

(1) U.S. Military deployment or transfer: A U.S. service member overseas becomes aware of a new deployment or transfer with very little notice. This should be an exception to the regular relocation process for most service members.
(2) Medical emergencies: A petitioner or beneficiary is facing an urgent medical emergency that requires immediate travel. This includes if the petitioner or beneficiary is pregnant and delaying travel may create a medical risk or extreme hardship for the mother or child.
(3) Threats to personal safety: A petitioner or beneficiary is facing an imminent threat to personal safety.
(4) Cases close to aging out: A beneficiary is within a few months of aging out of eligibility.
(5) Cases where the petitioner has recently naturalized: The petitioner and family have traveled for the immigrant visa interview but the petitioner has naturalized and the family member(s) require a new, stand-alone petition.
(6) Adoption of a child: A petitioner who has adopted a child locally and has an imminent need to depart the country. This exception should only be considered if the child has been in the petitioner’s legal and physical custody for at least two years and the petitioner has a full and final adoption decree on behalf of the child.
(7) Short notice of position relocation: A U.S. Citizen petitioner, living and working abroad, who receives a job relocation within the same company or subsidiary to the United States, or an offer of a new job in the United States with very little notice.
(8) Other emergency situations, as determined by the Consular Section.

d. Large-scale disrupting event: An event such as a natural disaster or widespread civil unrest that affects large numbers of people and creates a humanitarian emergency for U.S. citizens or residents living abroad that would call for a blanket authorization for posts to accept and process I-130 petitions. In these circumstances, only the Chief or Deputy Chief of the USCIS International Operations Division may give blanket authorization to accept filing and adjudicate Form I-130 petitions for a specified period of time.

New filing address for some USCIS I-751 Petition to Remove Conditions (aka permanent green card). Effective date January 14, 2015.

1/29/2015

Update from USCIS: If you live in one of the states listed below, USCIS has changed the filing location for Form I-751, Petition to Remove the Conditions of Residence, as of January 14, 2015, from the Vermont Service Center (VSC) to the California Service Center (CSC):

-- Louisiana -- New Mexico -- Oklahoma -- South Carolina -- Tennessee -- Texas.

How New Petitions Will Be Affected:

If you are filing a new petition, please refer to the Form I-751 Landing Page on our website, www.uscis.gov,for the current filing locations.

Vermont Service Center will continue to accept and work all petitions received at their facility until February 16, 2015 for the states listed above.

Vermont Service Center will forward petitions received between February 17, 2015 through March 16, 2015 to the California Service Center for processing.

Vermont Service Center will begin rejecting petitions for incorrect jurisdiction received on or after March 17, 2015.

How Pending Cases Will Be Affected:

The Vermont Service Center will continue to process pending cases that have been received before the filing location changes went into effect for your state of residence. The filing location change will apply only to newly filed petitions.

How to Track the Status of Your Case:

You can check the status of your case by entering your receipt number in Case Status Online. You can also sign up to receive automatic case status updates by email.

You can ask us about the status of your new or pending case if you do not receive a decision within the published processing time for the California Service Center to process your Form I-751.

You may submit an inquiry using e-Request or call the National Customer Service Center at 1-800-375-5283. For TDD (hearing-impaired) assistance, please call 1-800-767-1833.

If you received a RFE Request for evidence or other notice:

If you have filed Form I-751 and we send you any notice, such as a request for evidence, please read the notice carefully. Make sure you respond to the service center that sent you the notice.

If You Move:

If you move while your case is pending, let us know your new address as soon as possible after you move. You can change your address online or call the National Customer Center. It is important that you tell us about any change of address so we can notify you of any action on your case.

See more at http://www.uscis.gov

Western Union CEO: It's tougher to be an immigrant in Europe than in the United States.

1/24/2015

Hikmet Ersek had a lot going for him as a youngster growing up in Vienna, Austria. Except for one thing: his foreign name. In 1975, when he was 19, the CEO of Western Union moved to the Austrian capital from Turkey to study for a masters in economics. He spoke three languages fluently and played basketball professionally.

He wasn't prepared for the prejudices he would face. His father was Turkish, his mother Austrian, but people kept asking him where he was from. "Your name is Hikmet, you must be Muslim, you not from here, how come you are successful?" he recalled.
Ersek went on to work for MasterCard (MA) and GE(GE) before joining Western Union in 1999.

Hostility towards immigrants is one of the biggest problems facing Europe. And it doesn't just affect foreigners who come from outside Europe's borders. "It is East versus West ... Romanians and Bulgarians feel the same when they come to the U.K.," said Mr. Ersek.

Ersek later moved to the U.S., where he felt more welcomed.
"The U.S. is a country built on migrants' entrepreneurship -- they don't ask where you're from, they ask what can you do," he said.

Ersek said Europe needs the adopt the same mindset in order to remain a strong player in the world economy.

Read at: http://money.cnn.com/2015/01/22/news/economy/immigration-europe-western-union-ceo-world-economic-forum/index.html?iid=HP_LN

A group of 28 mayors to file an amicus brief in support of Obama's executive action on immigration or immigration reform, November 2014.

1/24/2015

A group of mayors of led by New York Mayor Bill de Blasio and Los Angeles' Eric Garcetti are coming to the defense of President Barack Obama on immigration.

Twenty-eight (28) mayors have signed on to file an amicus brief this coming Monday in support of Obama's November 2014 executive actions on immigration, which are currently the target of a lawsuit from 25 states, led by Texas. The suit aims to block the president'sdeportation relief policies that will apply to some undocumented young people as well as undocumented parents of U.S. citizens and legal permanent residents -- specifically, allowing them to stay in the country and work legally. Republicans in Congress are likewise seeking to block the programs.

Obama is backed by a dozen states and the District of Columbia, all of which filed an amicus brief earlier this month in support of the executive actions on immigration. The states in that brief were California, Connecticut, Hawaii, Illinois, Iowa, Maryland, Massachusetts, New Mexico, New York, Oregon, Vermont and Washington, along with the District of Columbia. Their amicus brief argues that new immigration policies announced by President Obama in November 2014 are legal and will have a positive impact.

The mayors' defense will be similar, arguing that Obama's executive actions serve the public interest. They will ask that the policies be allowed to move forward despite the lawsuit against them. Along with de Blasio and Garcetti, mayors from Washington, D.C., Chicago, Atlanta, Philadelphia, San Francisco and St. Louis were among those who signed on.

The amicus brief comes after a summit de Blasio hosted last month to discuss implementation of Obama's executive actions.

Here's the full list of mayors, according to a press release:

The following Mayors have signed on to the amicus brief:
Mayor Bill de Blasio, New York, New York
Mayor Eric Garcetti, Los Angeles, California
Mayor Kasim Reed, Atlanta, Georgia
Mayor Stephanie Rawlings-Blake, Baltimore, Maryland
Mayor Byron Browm, Buffalo, New York
Mayor Rahm Emanuel, Chicago, Illinois
Mayor Steve Benjamin, Columbia, South Carolina
Mayor Nan Whaley, Dayton, Ohio
Mayor Michael Hancock, Denver, Colorado
Mayor Muriel Bowser, Washington, D.C.
Mayor Pedro Segarra, Hartford, Connecticut
Mayor Annise Parker, Houston, Texas
Mayor Steven Fulop, Jersey City, New Jersey
Mayor Paul Soglin, Madison, Wisconsin
Mayor Ras Baraka, Newark, New Jersey
Mayor Michael Nutter, Philadelphia, Pennsylvania
Mayor Bill Peduto, Pittsburgh, Pennsylvania
Mayor Charles Hales, Portland, Oregon
Mayor John Dickert, Racine, Wisconsin
Mayor Tom Butt, Richmond, California
Mayor Lovely Warren, Rochester, New York
Mayor Ralph Becker, Salt Lake City, Utah
Mayor Ed Lee, San Francisco, California
Mayor Gary McCarthy, Schenectady, New York
Mayor Ed Murray, Seattle, Washington
Mayor Francis Slay, St. Louis, Missouri
Mayor Marilyn Strickland, Tacoma, Washington
Mayor Mike Spano, Yonkers, New York

The following mayors have expressed their support and will sign on to the brief, pending final local approvals:

Mayor Karen Majewski, Hamtramck, Michigan
Mayor Virg Bernero, Lansing, Michigan
Mayor Tom Barrett, Milwaukee, Wisconsin
Mayor Betsy Hodges, Minneapolis, Minnesota
Mayor Greg Stanton, Phoenix, Arizona

Read more at: http://www.huffingtonpost.com/2015/01/23/mayors-amicus-brief-immigration_n_6532926.html

NIV waiver: a visa must be issued within 90 days after a waiver was approved. INA 212(d)(3)(A) waiver.

1/23/2015

A few changes to DOS / US Department of State NIV 212(d)(3)(A) waiver procedure:

Beginning March 16, 2015, a visa must be issued within 90 days of receipt of an approved 212(d)(3)(A) waiver. INA 212(d)(3)(A) waivers are valid for the duration indicated by the ARO officer in the ARIS response. The waiver validity starts on the visa issuance date.(Source 9 FAM 40.301 N8)

See more at DOS website: http://www.state.gov/documents/organization/87150.pdf

DREAMERS or DACA grantees are permitted to get a driver's license or state photo ID in Arizona, a federal judge ruled.

1/23/2015

A U.S. federal judge has decided to make permanent an injunction overturning Arizona’s ban on issuing driver’s licenses to young immigrants who were brought to the United States illegally as children and granted Deferred Action status under new DACA program started by President Obama in 2012.

Judge issued the permanent injunction on Thursday, citing the “irreparable harm” caused to the young immigrants by not being able to have a license under an executive order issued by former Gov. Jan Brewer.

In the ruling, Judge Campbell cited examples of penalized immigrants, including one man unable to pursue a career as a firefighter because the local department required a license, and a graphic designer whose days were consumed by commuting by public transportation to meet clients.

These young immigrants, who were brought to the United States as children and grew up here, known as DREAMERS (or DACA grantees), were able to get driver’s licenses for the first time last month, after the United States Supreme Court let stand a decision by the United States Court of Appeals for the Ninth Circuit to stay the ban.

Read more at: http://www.nytimes.com/2015/01/23/us/politics/us-judge-says-dreamers-can-keep-drivers-licenses.html

Новые визовые правила и анкета для заявителей на визу в Россию. Effective January 26, 2015, applicants for all visas to Russia must use a new visa application requiring detailed travel itinerary.

1/23/2015

С 26 января 2015 г. иностранцы, собирающиеся посетить Россию, для получения визы должны будут указать детальный маршрут предполагаемого пребывания в России. Данные правила прописаны в новой анкете для иностранных граждан, которая утверждена Федеральной миграционной службой (ФМС). Новая анкета обязательна для всех заявителей на визу, независимо от категории, вида и срока действия визы.

Как разъяснили в Ассоциации туроператоров России (АТОР), в маршруте нужно будет указать все населенные пункты, которые иностранец собирается посетить на территории России. Кроме того, в обязательном порядке запрашивается адрес постановки на миграционный учет, сведения о приглашающей и принимающей стороне, передает "Интерфакс".

Источник: http://www.vesti.ru/doc.html?id=2297781&cid=7

How to apply for a Business Visitor Visa, B-1 visa, at the US Consulate abroad.

1/22/2015

Teleconferencing is convenient, but nothing matches the effectiveness of a face-to-face meeting. If you have your business plan, you have made your contacts and are ready to pitch your idea to U.S. investors, you will want to do it in person.

The Business Visitor Visa (B-1) allows for temporary, business-related travel to the U.S. The B-1 visa does not allow you to work or earn money in the U.S. To apply, visit the website of your nearest U.S. embassy or consulate. Fill out the online application to schedule an interview.

At your B1 visa interview, the officer will ask questions that help him or her better understand your need to travel to the U.S. A visa interview is very important when applying for B1 business visa.

Be specific. Tell the interviewing officer the particulars of your business trip — who you’re meeting with and why. Be prepared to answer questions about your trip and your business clearly and specifically.
Make your ties to your home country clear. The officer who interviews you is looking to you to show that your trip is temporary and for a specific purpose. Strong family ties and an ongoing career in your home country are examples of connections that will help clarify this.
Bring supporting documents. While you are not required to supply specific documents, a copy of your business plan, a letter from the U.S. company you’re pitching to or anything that supports your reason for travel will help.
Be honest. Do not exaggerate the extent of your business or fabricate reasons for your travel. This will make a denial likely, now and in the future.
Understand that there is no single magic answer. You’ll be granted a visa based on the information you give your interviewer about your overall circumstances. There is no secret answer to a single question. The best strategy is to be clear and straightforward about your particular situation.

As read at: https://share.america.gov/five-tips-for-getting-your-business-visa/?utm_source=sa&utm_medium=pfb&utm_campaign=2015-01-22

We offer legal consultations and assistance with preparing B1 and B2 visa applications. For help, email at attorney.

Summary of DACA and DAPA deferred action programs: President Obama's November 20, 2014 announcement and executive action.

1/21/2015

SUMMARY of DACA and DACA Deferred Action Programs based on Obama's November 20, 2014 announcement of Immigration Reform.
(repost from our blog)

President Obama’s Immigration Announcement Includes Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) & Expansion of Deferred Action for Childhood Arrivals (DACA). On November 20, 2014, President Obama announced 10 areas where his Administration will modify immigration policy. In general, these reforms fall into three categories: (i) changes to immigration enforcement policy; (ii) deferred action expansion; and (iii) changes to our legal immigration system. This Fact Sheet will focus exclusively on the expansion of deferred action, memorialized in a Memorandum by Jeh Johnson entitled Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children and with Respect to Certain Individuals Whose Parents are U.S. Citizens or Permanent Residents (“Deferred Action Memo”).

Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA):

Deferred action is a temporary protection from deportation. Through it, a person is authorized to remain in the United States temporarily and to receive employment authorization. A grant of deferred action does not provide a path to lawful permanent resident status or U.S. citizenship.

The Deferred Action Memo calls on USCIS to establish a process, similar to the Deferred Action for Childhood Arrivals (DACA) program, for granting deferred action to individuals who:
·         Have, as of November 20, 2014, a son or daughter of any age, who is a U.S. citizen or lawful permanent resident;
·         Have continuously resided in the United States since before January 1, 2010;
·         Are physically present in the United States on November 20, 2014, and at the time of making a DAPA request;
·         Have no lawful status on November 20, 2014;
·         Are not an enforcement priority, defined as: people suspected of terrorism, gang associations, or visa abusers, unlawful border crossers, and people convicted of felonies, aggravated felonies, significant misdemeanors, or three or more misdemeanors;[1] and
·         Present no other factors that would cause USCIS to deny the request in its exercise of discretion.

The DAPA process shall be available to people with final orders of removal who meet the above criteria. Applicants must pay a $465 filing fee and submit to biometrics. As with DACA, there will be a very limited fee exemption and no fee waivers. Those who receive deferred action under the DAPA program will receive employment authorization for a three-year period.

USCIS plans to begin accepting applications for DAPA by May 19, 2015.

The Deferred Action Memo applies to Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP). Those agencies are instructed to exercise discretion for individuals who meet the DAPA criteria, including individuals in immigration custody, in removal proceedings, or whom ICE or CBP encounters.

Expansion of DACA (as of February 16, 2015, it was placed on hold):

Beginning on February 18, 2015, you may request consideration for deferred action under DACA if you:

Came to the United States before reaching your 16th birthday;
Have continuously resided in the United States since January 1, 2010, up to the present time;
Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
Had no lawful status on June 15, 2012, meaning that:

You never had a lawful immigration status on or before June 15, 2012, or
Any lawful immigration status or parole that you obtained prior to June 15, 2012, had expired as of June 15, 2012.

Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a General Educational Development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
Have not been convicted of a felony, a significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

The Deferred Action Memo makes three major modifications to the DACA program:

1.       It removes the age cap. The Deferred Action Memo eliminates the requirement that an individual be under the age of 31 on June 15, 2012.
2.       The start date for the continuous residence period is advanced from June 15, 2007 to January 1, 2010. At this time, to be eligible for DACA an individual must have resided in the United States continuously from January 1, 2010 up to the present.
3.       DACA grants will now last three years instead of two. Effective November 24, 2014, all first-time DACA approvals as well as all DACA renewals shall be effective for three years instead of two.

The rest of the DACA requirements remain the same:

Had no lawful status on June 15, 2012, meaning that:

You never had a lawful immigration status on or before June 15, 2012, or
Any lawful immigration status or parole that you obtained prior to June 15, 2012, had expired as of June 15, 2012.

Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a General Educational Development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
Have not been convicted of a felony, a significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

USCIS was planning to begin accepting applications under the new criteria by February 18, 2015. However, on February 16, 2015, a temporary injunction by a federal judge resulted in DACA and DAPA programs being put on hold. Please see our blog for updates.

Although the Department of Homeland Security (DHS) has released some information about these programs, we expect DHS will produce detailed explanations and instructions in the coming months. Visit www.uscis.gov and http://www.adminrelief.org/ for more information.

[1] Immigration enforcement priorities include other categories detailed in the Jeh Johnson Memorandum entitled “Policies for the Apprehension, Detention, and Removal of Undocumented Immigrants” (Nov. 20, 2014). Summary from ILRC.

On November 20, 2014, USCIS had published a MEMORANDUM, which can be fund here:
http://www.dhs.gov/sites/default/files/publications/14_1120_memo_deferred_action.pdf

USCIS had published FAQs at:
http://www.uscis.gov/humanitarian/consideration-deferred-action-childhood-arrivals-process/frequently-asked-questions

Board of Immigration Appeals - 2015 edition of BIA unpublished opinions made available online.

1/21/2015

The Immigrant & Refugee Appellate Center, LLC, published online the 2015 edition of its Index of Unpublished Decisions of the Board of Immigration Appeals. The Index contains links to more than a thousand unpublished BIA decisions selected for their potential to assist noncitizens in removal proceedings.

Please see at: http://www.irac.net/unpublished/index/

Cuban Assets Control Regulations: Advance Copy OFAC Amendments, as of 01/16/2015.

1/15/2015

DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
31 CFR Part 515
Cuban Assets Control Regulations
AGENCY: Office of Foreign Assets Control, Treasury.
ACTION: Final rule.
[FR Doc. 2015-00632 Filed 01/15/2015 at 8:45 am; Publication Date: 01/16/2015]

The Department of the Treasury’s Office of Foreign Assets Control (OFAC) is amending the Cuban Assets Control Regulations to implement policy changes announced by the President on December 17, 2014 to further engage and empower the Cuban people. These amendments facilitate travel to Cuba for authorized purposes, facilitate the provision by travel agents and airlines of authorized travel services and the forwarding by certain entities of authorized remittances, raise the limit on certain categories of remittances to Cuba, allow U.S. financial institutions to open correspondent accounts at Cuban financial institutions to facilitate the processing of authorized transactions, authorize certain transactions with Cuban nationals located outside of Cuba, and allow a number of other activities related to, among other areas, telecommunications, financial services, trade, and shipping. These amendments also implement certain technical and conforming changes.

Read advance copy at: http://www.ofr.gov/OFRUpload/OFRData/2015-00632_PI.pdf

Twelve states and District of Columbia filed briefs in court action in support of President Obama's executive action on immigration.

1/14/2015

SEATTLE — On January 12, 2015, Attorney General for the state of Washington announced the filing of an amicus curiae — or “friend of the court” — brief in support of the Obama Administration’s recent executive action on immigration policy. The brief was filed in Texas v. United States, a legal challenge by Texas and other states to the President’s legal authority. A preliminary hearing is set in that case for Thursday, January 15. The Washington State Attorney’s General Office authored the brief, which was joined by the Attorneys General of California, Connecticut, Hawaii, Illinois, Iowa, Maryland, Massachusetts, New Mexico, New York, Oregon, Vermont and the District of Columbia.

“By properly using his authority to set enforcement priorities, the President’s action benefits Washington and other states by improving public safety, keeping families together, and aiding our economy,” said Attorney General Ferguson. “Hard working, tax paying immigrants can now emerge from the shadows.”

In their brief, Washington and the other states argue that, rather than presenting a burden, the Obama Administration’s actions — enabling working families to participate more fully in American society, earn a fair, legal wage and pay their fair share of taxes — benefit the states by raising revenue and reducing demand for social services.

“The President took necessary and humane steps to help keep families together and provide relief to law-abiding Washington families,” Washington Governor Jay Inslee said. “He acted because Congress has not, and Washington state and the rest of the country should not have to wait any longer for sensible immigration reform. I applaud the Attorney General’s effort to set the record straight about the President’s authority to pursue commonsense executive action.”

The brief can be found here.

The Center for American Progress estimates that Washington’s tax revenues will grow by $57 million over the next five years as the result of the Administration’s policies. Tax receipts in Texas — one of the plaintiff states challenging the President’s authority — could increase by $338 million over the same period.

Because states will actually benefit from the President’s action, the filing asserts, the plaintiff states challenging the President’s decision cannot meet their burden of showing an irreparable harm. As such, they have not met the standard for the immediate injunctive relief they seek.

The brief, filed today in The United States District Court for the Southern District of Texas, also argues that the plaintiff states fail the other applicable legal tests for injunctive relief: a likelihood of success on the merits of the case, whether the potential harm to the plaintiffs outweighs the burden imposed by the requested injunction, and whether the injunction is in the public interest.

The hearing is set for Thursday, January 15, 2015, in the United States District Court for the Southern District of Texas, Brownsville Division.

Washington State Attorney General Ferguson spearheads legal brief in support of Obama Administration’s action on immigration.

Read at http://www.atg.wa.gov/pressrelease.aspx?&id=32511#.VLbtCivF-Dq

How to apply to renew a student visa F1 visa during a school break when on vacation in your home country.

1/13/2015

How to apply to renew a F1 Student visa when you travel home for a winter or summer break and your old F-1 visa had expired.
A very useful guide can be found at:
https://share.america.gov/make-visa-plans-early-this-holiday-season/

Priority Date Checker from NVC.

1/13/2015

I want to share with all of you a very easy and convenient way to check your I-130 priority date online, to see if your case is current and immigrant visa eligible for processing or not. This online tool at NVC website is called the PRIORITY DATE CHECKER.

You can use the checker every month to see if your priority date falls within the current cutoff date.

See at :http://travel.state.gov/…/immigrant…/approved/checkdate.html