Dream Act Fails

Unfortunately, the Senate failed to pass the Dream Act this past Saturday on a vote of 55-41.

Dream Act Passed

Dream Act passed in the House and Senate will be voting tomorrow. Finally an immigration reform for college students.

Fee Waiver Form I-912

Before November 23, 2010, there was no standardized form for requesting waivers of fees for immigration benefits. On the same day USCIS raised it's filing fees, it also instituted Form I-912, Request for Fee Waiver. It's about time they provided this service, as many will need this benefit with their continual raising of their fees.

Last Day of Old Filing Fees for USCIS

Today is the last day to postmark your application with the old filing fee. Starting tomorrow, the new filing fees must be included on all applications submitted to USCIS.

Who Can the Dream Act Help?

An interesting read on Fresno State student body president who publicly announced he was here in the US illegally. His parents brought him to the US when he was 3 and recently found out during his college application period that he was here illegally. College students like these are the ones the Dream Act will help. I feel for these individuals because my personal experience was similar.

How soon can I file my N-400 once I qualify for citizenship?

You can file for naturalization up to 90 days before the end of the 3 or 5 year residency period that may be required. So if you are married to a U.S. citizen, the 3 year residency applies and for all other types of adjustments, it's the 5 year residency.

Highest Number of Naturalized Service Members

USCIS granted citizenship to 11,146 members of the U.S. armed forces at ceremonies in the United States and 22 countries abroad. This is the highest number of service members naturalized in any year since 1955.

Guatamala Woman Fights Adoption of her Child

An interesting read of a Missouri woman who is challenging an adoption of her child while she was in immigration custody. Arguments are being heard on the issue and immigration advocacy groups are coming forth to support biological mother who is from Guatamala. Click on the title to read the full article.

Extension of Temporary Protected Status (TPS) for Somalians

U.S. Citizenship and Immigration Services (USCIS) announced yesterday that it will extend Temporary Protected Status (TPS) for eligible nationals of Somalia from the current expiration of March 17, 2011, through the new expiration date of Sept. 17, 2012. Contact us if you have further questions regarding this matter.

Ninth Circuit Hears Arguments on Arizona Law this Monday

Arguments of why Arizona should be allowed to enforce SB 1070 will be heard this Monday, November 1, 2010 by three federal judges in San Francisco. Enforcement will allow local and state police to request documentation of anyone they suspect as being illegal aliens here in the U.S.

National Domestic Violence Awareness Month

It's National domestic violence awareness month and USCIS reminds that the following foreign nationals can self-petition without their abuser's knowledge:

Spouse: You may file for yourself if you are, or were, the abused spouse of a U.S. citizen or permanent resident. You may also include on your petition your unmarried children who are under 21 if they have not filed for themselves.

Parent: You may file for yourself if you are the parent of a child who has been abused by your U.S. citizen or permanent resident spouse. You may include on your petition your children, including those who have not been abused, if they have not filed for themselves. You may also file if you are the parent of a U.S. citizen, and you have been abused by your U.S. citizen son or daughter.

Child: You may file for yourself if you are an abused child under 21, unmarried and have been abused by your U.S. citizen or permanent resident parent. Your children may also be included on your petition. You may file for yourself as a child after age 21 but before age 25 if you can demonstrate that the abuse was the main reason for the delay in filing.

What is an Orphan Child for Immigration Purposes?

There is a strict interpretation of what is an “Orphan” when it comes to adoption of a foreign national. Under immigration laws, INA §101(b)(1)(F), a child is determined to be an “orphan” due to (1) the death or disappearance of, abandonment or desertion of, or separation or loss from both parents, OR (2) the sole or surviving parent is incapable of providing proper care for the child and has in WRITING irrevocably released parental rights to the child for emigration and adoption.

When both biological parents are alive, the child may be considered to be an orphan if both biological parents abandoned the child to a child-placement entity, like an an orphanage. The child will not qualify as an orphan if the biological parents have directed the placement by specifying who will adopt the child.

“Separation from both parents” is the involuntary severance of a child from the birth parents by action of a competent authority for good cause and in accordance with the laws of the local country. The termination of all parental rights and obligations must be permanent and unconditional. The term “loss from both parents,” on the other hand, means the involuntary severance or detachment of the child from the parents in a permanent manner, such as that caused by a natural disaster, civil unrest, or other event beyond the control of the parents.

For a sole or surviving parent, the petitioner must prove that the biological parent is “incapable of providing proper care” to the child.” A parent that is impoverished and unemployed is insufficient to show that the biological parent is incapable of providing care unless a showing can be made that the poverty level in child's country falls below the national average. Examples of inability to support a child include a parent with a terminal illness, who is incarcerated, or experiencing an overwhelming financial burden.

Immigration Filing Fees Going Up Again

Immigration filing fees are going up again starting November 23, 2010. For those who are eligible to file, should do so as soon as possible before these fees go into effect. See below a list of increased fees:

Form Application Existing Fees Adjusted Fees
I-90 Application to Replace Permanent Resident Card $290 $365
I-102 Application for Replacement/Initial Nonimmigran $320 $330
I-129/129CW Petition for a Nonimmigrant Worker $320 $325
I-129F Petition for Alien Fiancé(e) $455 $340
I-130 Petition for Alien Relative $355 $420
I-131 Application for Travel Document $305 $360
I-140 Immigrant Petition for Alien Worker $475 $580
I-191 Application for Advance Permission to Unrel $545 $585
I-192 Application for Advance Permission to Enter $545 $585
I-193 Application for Waiver of Passport and/or Visa $545 $585
I-212 Application for Permission to Reapply for Adm $545 $585
I-290B Notice of Appeal or Motion $585 $630
I-360 Petition for Amerasian, Widow(er), or Special $375 $405
I-485 Application to Register Permanent Residence or $930 $985
I-526 Immigrant Petition by Alien Entrepreneur $1,435 $1,500
I-539 Application to Extend/Change Nonimmigrant Stat $300 $290
I-600/600A

I-800/800A Petition to Classify Orphan as an Immediate $670 $720
I-601 Application for Waiver of Ground of Excludabil $545 $585
I-612 Application for Waiver of the Foreign Residence $545 $585
I-687 Application for Status as a Temporary Resident $710 $1,130
I-690 Application for Waiver of Grounds of Inadmissib $185 $200
I-694 Notice of Appeal of Decision under Sections 245 $545 $755
I-698 Application to Adjust Status from Temporary to $1,370 $1,020
I-751 Petition to Remove the Conditions of Residence $465 $505
I-765 Application for Employment Authorization $340 $380
I-817 Application for Family Unity Benefits $440 $435
I-824 Application for Action on an Approved Applicat $340 $405
I-829 Petition by Entrepreneur to Remove Conditions $2,850 $3,750
I-881 Application for Suspension of Deportation or $285 $285
I-907 Request for Premium Processing Service $1,000 $1,225
Civil Surgeon Designation $0 $615
I-924 Application for Regional Center under the $0 $6,230
N-300 Application to File Declaration of Intention $235 $250
N-336 Request for Hearing on a Decision in Naturaliz $605 $650
N-400 Application for Naturalization $595 $595
N-470 Application to Preserve Residence for Natural $305 $330
N-565 Application for Replacement Naturalization/Cit $380 $345
N-600/600K Application for Certification of Cit $460 $600
Immigrant $0 $165
Biometrics Capturing, Processing, and Storing Biomet $80 $85

Apply Now for DV Lottery 2012

Online registration for DV Lottery 2012 began noon, Eastern Daylight Time (EDT) (GMT -4), Tuesday, October 5, 2010, and ends noon, Eastern Daylight Time (EDT) (GMT -4), Wednesday, November 3, 2010. All entries must be submitted electronically during the registration period, when applicants may access the Electronic DV Entry Form DS-5501. Click on the article title above to start your lottery application. Please note that paper entries are not accepted.

Applicants are strongly encouraged not to wait until the last week of the registration period to enter. Heavy demand may result in website delays. No entries will be accepted after noon, EST, on November 3, 2010.

EB-5 Investor's Green Card

EB5 - Green Card for Investors

With a waning economy and an increase in unemployment, the U.S. more than ever is in need of foreign investors who are willing to invest $1 million (or $500,000 in certain cases) in a new commercial enterprise and to create full-time jobs for at least 10 U.S. workers. In return for their investment, the U.S. has made it possible for these investors to qualify for an EB5 green card to reside in the U.S.

An investor can create his own company as noted above, however, in cases where ab investor prefers not to be involved in the day to day decision and running of a company, he or she can invest in a Regional Center. Regional Centers are less stringent in that it allows for 10 indirect or direct employees who are new to the regional center. It also allows for an investment of $500,000 and the freedom of the EB5 investor to live anywhere in the U.S.

Some may claim that the U.S. will allow individuals with shady or unlawfully gained money to buy their way to the U.S. It should be noted here that USCIS has a strict enforcement in tracing the source of money used for these investment. Whether a loan, gift or money earned by an investor, USCIS will need to know the source of every penny in the investment.

If EB5s the road for you in obtaining a green card, please feel free to contact my office for an office consultation.

Dream Act

Senate Majority Leader Harry Reid announced yesterday that he would attach the Development, Relief, and Education for Alien Minors (DREAM) Act to the Department of Defense authorization bill expected to come before the Senate as early as next week.

The Dream Act is intended to help those students who graduated from US high schools, who are of good moral character, arrived in the U.S. as minors, and who plan to attend college the opportunity to earn conditional permanent residency. If you fall into this category, then it may help you if it ever passes.

Who Can File a Fiance Visa?

Petitioning for a Fiance K Visa

In order to qualify to file for a fiance (K) visa, you must be a U.S. citizen, able to marry, have personally met your fiance within two years before filing of Form I-129F, and intend to marry within 90 days of your fiance entering the U.S.

Your foreign fiance also needs to be able to marry, have personally met you within two years before your filing and intend to marry within 90 days of entering the U.S.

The only exception to the requirement of meeting in person is if meeting would violate strict and long-established customs of you or your fiance's foreign culture or social practice or meeting your fiance would result in extreme hardship to you, the citizen.

Who Can Enter on a Fiance K Visa?

Your foreign fiance and her unmarried children who are under 21 years listed on Form I-29 will be eligible to apply to accompany your fiance.

Documents Needed to Prove U.S. Citizenship

The following documents may be submitted to prove U.S. citizenship:

Documents include U.S. birth certificate, Certificate of Naturalization, Certificate of Citizenship, your Form FS-240 or copy of a valid, unexpired U.S. passport issued with a validity period of at least five years.

Checklists for Adjustment of Status filing by US Citizen Spouse

DOCUMENTS REQUIRED FROM FOREIGN NATIONAL BENEFICIARY
* Full Copy of All Pages (even blank pages) of Your Passport
* A copy of FRONT and BACK of your I-94 Card
* A copy of previous visa approvals if any (I-797s)
* A copy of your Birth Certificate
* A copy of previous divorce certificate (if any)
* Copies of Birth Certificates of Children (if any)
* A copy of Marriage Certificate for your current marriage

DOCUMENTS REQUIRED FROM USC PETITIONER
* A copy of US Birth Certificate or Naturalization Certificate
* A copy of your Drivers License OR US Passport Photo Page
* Copies of Income Tax Returns, W-2s and employment verification letter for 2009
* A copy of previous divorce certificate (if any)

My Trip to Arizona

I'm heading out to work in Arizona tomorrow. Should I pack my U.S. passport to ensure I make it to my hearing tomorrow? This law to allow police authorities to stop and demand documents from anyone they may have reason to suspect as illegal aliens is ridiculous. What century are living in? What makes this different from the Nazis demanding papers in Hitler's time. I hope that an outrageous law like this will cause enough uproar from all of us to encourage a Federal immigration reform or amnesty to be passed. Write your Congressmen and Senators demanding an immigration bill. We all need to come together to make this change.

USCIS Policy Review Survey

USCIS has launched a survey that will run for two weeks starting April 15, 2010. This survey will allow the public to identify which visas they want USCIS to give top priority or concentrate on first. To make a difference in USCIS policies, go to www.uscis.gov and take the survey. This survey will be available up to April 29, 2010.

Temporary Protected Status (TPS) Filing Deadline for Haitian is July 20, 2010

USCIS reminds Haitian nationals that they have until July 20, 2010 to file their Temporary Protected Status (TPS)applications. Haitian nationals must have continuously resided in the U.S. since January 12, 2010 and must meet other TPS eligibility before filing. Contact us at www.aislaw.com or at 1-888-509-5901 to find out if you are eligible.

Immigration Benefits for Chilean Nationals

In response to recent natural catastrophes in Chile, USCIS reminds Chilean nationals that certain immigration benefits are available to them. These relief are available upon request, so contact us as soon as possible to see if we can assist in applying for these immigration benefits. Temporary relief may include the following:

The grant of an application for change or extension of nonimmigrant status on behalf of a Chilean national who is currently in the United States, even in cases where the request is submitted after the individual’s authorized period of admission has expired;
Re-parole of individuals granted parole by USCIS;
Extension of certain grants of advance parole, expedited processing of advance parole requests;
Expedited adjudication and approval, where possible, of requests for off-campus employment authorization due to severe economic hardship for F-1 students;
Expedited processing of immigrant petitions for immediate relative(s) of U.S. citizens and lawful permanent residents (LPRs);
Expedited issuance of employment authorization where appropriate; and
Assistance to LPRs stranded overseas without documents in coordination with the Department of State.

Fiscal Year 2011 H-1B Cap Not Yet Reached

USCIS announced yesterday that it has not reached its 2011 fiscal year H-1B general cap of 65,000 and U.S. master's degree or higher educational exemption cap of 20,000. To date USCIS has received approximately 13,500 H-1B petitions counting toward the 65,000 H-1B cap and 5,600 petitions for individuals with advanced degrees.

Employers who want to employ foreign workers for specialty occupations that require theoretical or technical expertise in fields, such as, but not limited to scientists, engineers, or computer programmers should contact wwww.aislaw.com or 1-800-509-5901 as soon as possible so that we can ensure timely filing of your application toward the cap.

Special Humanitarian Parole Program for Haitian Orphan Ends April 14, 2010

The Haitian government requested that the U.S. bring its special humanitarian parole program for Haitian orphans to a close. The special parole policy and process, developed by the Department of Homeland Security (DHS) as part of the overall U.S. government response to the January 12, earthquake will end on April 14, 2010. The program affects the following prospective adoptive or adoptive parents of Haitian orphans:

• those who either had full and final adoptions completed by United States citizen parents before the earthquake or,
• who were far enough along in the adoption process that both the governments of Haiti and the United States could verify the identity and eligibility of the children for adoption, and the United States government could confirm the suitability of the adoptive parents.

More than 1,000 Haitian orphans have been approved for travel to the United States to join their adoptive families under this expedited process. USCIS is in the process of considering several hundred more requests and anticipates that ultimately some 1,200 children will benefit from this program.

If you are in the class of adoptive parents that may be affected by this deadline, contact us at 888-509-5901 or email us or contact us as www.aislaw.com for further assistance.