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Posts tagged ‘Suffolk’

New Year, New Immigration Rule

The New Year brings great news, primarily for spouses of U.S. citizens who are residing here in the U.S.

Today, Secretary of Department of Homeland Security Janet Napolitano announced the posting of a final rule for the provisional waiver process which would benefit certain immediate relatives of U.S. citizens.  This rule, which was proposed nearly a year ago on January 6, 2012, will finally be published tomorrow and USCIS will begin receiving applications on March 4, 2013.

As we have written in this blog on numerous occasions, spouses of U.S. citizens who entered the United States without inspection are caught in a conundrum:  they are usually subject to a ten-year  bar for unlawful presence in the U.S., but cannot benefit from their approved relative petition by a U.S. citizen spouse without leaving the country.  Once they try to re-enter, they trigger the unlawful presence bars and cannot come back without a waiver.  Many just decide that it is not worth the risk leaving the U.S. and having their waiver applications denied, and consequently waiting years to be reunited with their loved ones.  So they have been waiting for a change.  Today, that change has finally been announced.

Immediate relatives include spouses of U.S. citizens, unmarried children of U.S. citizens whose parents applied for them before age 21, and parents of U.S. citizens 21 years or older.  This category of people will be able to apply for a provisional waiver of unlawful presence here in the U.S., and if approved, leave with some security that they will be able to re-enter the United States.  To qualify for the waiver, they  have to demonstrate “extreme hardship” to their U.S. citizen spouse or parents.  In effect, then, the only immediate relatives who could benefit from this rule are spouses of U.S. citizens, 18-20 year old children of U.S. citizens, and older children of U.S. citizens who are subject to the Child Status Protection Act (CSPA).

More great news follows: immediate relatives who are in removal proceedings and receive an administrative closure of their case can also apply for a provisional waiver here in the U.S.  The provisional waiver will be the same cost, $585, and it may be re-filed based on the same family petition.  DHS will work with the Department of State to coordinate the decision on the I-601 waiver with the consular interview, to prevent delays.

Individuals who want to apply for the provisional waiver should consult with an attorney, especially if they have any criminal issues.  If USCIS deems individuals a public security threat, they will share information received with ICE for enforcement purposes.

Vote Undocumented Immigrants as Time’s Person of the Year Because They Are America.

Time magazine is having its annual contest on who the Person of the Year for 2012 should be.

You can vote, “definitely”, HERE.

Why?

Because Undocumented Immigrants represent what America is all about. They are our parents, grandparents, and great-grandparents.

The immigration laws have changed but the people have not.

Undocumented Immigrants

By Howard Chua-EoanMonday, Nov. 26, 2012
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GIAN PAUL LOZZA FOR TIME

What do you think?

Should Undocumented Immigrants be TIME’s Person of the Year 2012?
DefinitelyNo Way

An invisible population stepped forward on June 15, 2012, to stake its claim to the American Dream. On that day, President Obama declared that certain undocumented immigrants — a group simply labeled “illegal” by many — would not be subjected to deportation, under broad-ranging conditions. Suddenly the logjam of immigration reform shifted, as more than 1 million undocumented young people who had been in the country for the past five years found themselves with new opportunities. What is more, the sympathies of other groups of people who have undocumented relatives — and thus are mindful of their plight — may have clearly shifted to a President on a campaign for re-election, as evidenced by the preponderance of Hispanic and Asian-American voters casting their ballots for Obama. Chastened by the results of the vote, the GOP has warmed to a legislative fix, increasing chances of comprehensive reform.

FREE LEGAL CLINIC FOR YOUNG IMMIGRANTS/CLÍNICA GRATIS PARA INMIGRANTES JOVENES

We are conducting an informative, Spanish/English bilingual and free clinic on immigration remedies for young people, including Deferred Action for Childhood Arrivals and Special Immigrant Juvenile Status. The two-day program will include a lecture on remedies for youths as well the option for an individual, private consultation with an immigration attorney free of charge.

The clinic will take place 11/30/2012 from 4-7 p.m. and 12/01/2012 from 10 a.m. – 1 p.m. and is being graciously hosted by Salvytech Multiservices located at 1656 5th Avenue, Unit F, Bay Shore, NY 11706.

By attending, you will at the very least leave with invaluable knowledge of the immigration laws of the United States.