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WHO ARE ELIGIBLE TO APPLY FOR “PROVISIONAL GREEN CARDS” UNDER IMMIGRATION PROPOSAL BY CONGRESS?

April 15th, 2013

Congress  is set to move quickly in the coming months on an ambitious overhaul of the immigration system that would include a path to citizenship for most of the 11 million illegal immigrants in the country,  increase the number of visas available for those who have approved petitions to reduced the backlog from countries like the Philippines, Mexico, China and India as reported in the New York Times  and Washington Post on April 13, 2013 .

Some Democratic and Republican members of Congress anticipate that the current proposal will be enacted into law between June and September of this year 2013.

The  proposal of  Congress would include fines, the payment of back taxes, criminal background checks and other hurdles for immigrants who would apply to legalize their status. Congress’s plan would only allow  those who are here illegally to apply for permanent green cards  10 (ten) years after the bill is enacted into law.  For the young “dreamers” (those who were brought here as children), they would be able to apply for “green cards” two (2) years after the bill becomes law.

Under Congress’s  plan, those “illegals” or “out of status” who would apply for ” permanent green cards” would be granted “provisional or temporary status,” known as Registered Provisional Immigrants or RPI, issued working permits and would be allowed to travel outside the United States.  Under Congress’s plan, only those immigrants who are “illegals” or “out of status”  who are here on or before December 31, 2011 can apply.  If those immigrants are eligible, the same immigrants can be granted “provisional status” for 10 years and can apply for citizenship three (3) years after that time.

The plan of Congress also allows those in the country who have been working legally for 10 years (such as those in temporary H1B/H2B status) can be granted green cards or legal permanent residency if those immigrants apply.

More importantly, Congress plans to increase the family and employment visa caps to reduce the back log of countries like the Philippines, India, China and Mexico whose family members have been waiting in some cases for more than 15 years. Congress, however plans to eliminate the category where a US citizen can petition for a sibling brother or sister.

Congress’s plan would also allow  highly skilled immigrants and those who graduated from U.S. universities with degrees in science, technology, engineering and math (STEM) to stay and apply for “green cards.”  The plan would also impose a nationwide verification of legal status for all newly hired workers and would also create some form of guest-worker program to bring in low-wage immigrants in the future.

WHAT SHOULD IMMIGRANTS PREPARE TO DO Below are few pointers provided by the experts from the National Immigration Forum and the ILRC Network?
1. HAVE A RELATIVE OR EMPLOYER FILE A PETITION IF YOU QUALIFY BECAUSE CONGRESS WILL ALLOCATE VISAS TO THOSE ALREADY IN LINE. QUALIFYING RELATIVES INCLUDE BROTHER OR SISTER, MOTHER OR FATHER AND SON OR DAUGHTER.
2. KEEP RECORDS OF YOUR PRESENCE IN THE U.S. such as  Checking or Savings Account, Money Remittances (Western Union), Money Order Receipts, Cell Phone or Cable Bills, Credit Card Bills, Utility Bills such as Electric or Gas, Medical Records (doctor’s/hospital bills/children immunization records), Lease, School Records (Transcript of Records), Your Children’s School Records (Report Cards), State Issued driver license or  State ID even if expired

3. DO NOT LOSE YOUR I-94 ARRIVAL DOCUMENTS

4. GET A PASSPORT FROM YOUR CONSULATE OR EMBASSY AND OBTAIN A CERTIFIED COPY OF YOUR BIRTH CERTIFICATE AND MARRIAGE CERTIFICATES (If Married)

5. AVOID USING PHONY NAMES ON OFFICIAL DOCUMENTS
6. LEARN ENGLISH. Attend English as Second Language (ESL) Class.
7. PAY TAXES. YOU CAN OBTAIN AN INCOME TAX IDENTIFICATION ITIN) NUMBER IF YOU DO NOT HAVE A SOCIAL SECURITY NUMBER.
8. IF YOU WERE ARRESTED, GET AN ARREST DISPOSITION FROM THE CLERK’S OFFICE OF THE COUNTY WHERE YOU WERE ARRESTED
9. BEWARE OF IMMIGRATION SCAMS
10. SAVE FOR FEES AND PENALTIES (Fees and Penalties could be up to $5,000 or more)
Attorney SID GARBANZOS is a graduate of the City University of New York School of Law and is admitted to practice in New York and Washington, D.C. Practice areas include: Bankruptcy, Civil Litigation, Landlord-Tenant, Criminal Defense and Immigration, Please note that this article is written for a gratuitous purpose only and no attorney-client relationship is created in this publication. This article is not, nor intended to be legal advice. The reader should consult with a reputable lawyer based on his or her individual circumstances. Please call Garbanzos Law Firm at (718)725-7324 if you have any questions about this article.

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WHAT SHOULD IMMIGRANTS PREPARE TO DO WHILE CONGRESS PROPOSES TO GRANT “GREEN CARDS” TO 11 MILLION ILLEGAL ALIENS?

January 13th, 2013

President Obama has sent a proposal to Congress  to move quickly in the coming months on an ambitious overhaul of the immigration system that would include a path to citizenship for most of the 11 million illegal immigrants in the country,  increase the number of visas available for those who have approved petitions to reduced the backlog from countries like the Philippines, Mexico, China and India as reported in the New York Times  on February 17, 2013.

Some Democratic members of Congress anticipate that the President’s proposal will be enacted into law between March and September of this year 2013.

President Obama’s specific proposal to Congress would include fines, the payment of back taxes, criminal background checks and other hurdles for immigrants who would apply to legalize their status. The President’s plan would only allow  those who are here illegally to apply for “green cards” either eight (8) years after the bill is enacted (U.S. Senate proposes a waiting period of 13 years) or 30 days after visas have been given to everyone who applied legally.  For the young “dreamers” (those who were brought here as children), they would be able to apply for “green cards” two (2) years after the bill is passed.

Under the President’s plan, those “illegals” or “out of status” who would apply for “green cards” would be granted “provisional or temporary status,”  known as Registered Provisional Immigrants or RPI, issued working permits and would be allowed to travel outside the United States.

The President’s plan would also allow  highly skilled immigrants and those who graduated from U.S. universities with degrees in science, technology, engineering and math (STEM) to stay and apply for “green cards.”  The plan would also impose a nationwide verification of legal status for all newly hired workers and would also create some form of guest-worker program to bring in low-wage immigrants in the future.

WHAT SHOULD IMMIGRANTS PREPARE TO DO Below are few pointers provided by the experts from the National Immigration Forum and the ILRC Network?
1. HAVE A RELATIVE OR EMPLOYER FILE A PETITION IF YOU QUALIFY BECAUSE CONGRESS WILL ALLOCATE VISAS TO THOSE ALREADY IN LINE. QUALIFYING RELATIVES INCLUDE BROTHER OR SISTER, MOTHER OR FATHER AND SON OR DAUGHTER.
2. KEEP RECORDS OF YOUR PRESENCE IN THE U.S. such as  Checking or Savings Account, Money Remittances (Western Union), Money Order Receipts, Cell Phone or Cable Bills, Credit Card Bills, Utility Bills such as Electric or Gas, Medical Records (doctor’s/hospital bills/children immunization records), Lease, School Records (Transcript of Records), Your Children’s School Records (Report Cards), State Issued Driver License or State ID even if expired

4. GET A PASSPORT FROM YOUR CONSULATE OR EMBASSY, OBTAIN A CERTIFIED COPY OF YOUR BIRTH CERTIFICATE AND MARRIAGE CERTIFICATE (If Married)
5. AVOID USING PHONY NAMES ON OFFICIAL DOCUMENTS
6. LEARN ENGLISH. Attend English as Second Language (ESL) Class.
7. PAY TAXES. YOU CAN OBTAIN AN INCOME TAX IDENTIFICATION ITIN) NUMBER IF YOU DO NOT HAVE A SOCIAL SECURITY NUMBER.
8. IF YOU WERE ARRESTED, GET AN ARREST DISPOSITION FROM THE CLERK’S OFFICE OF THE COUNTY WHERE YOU WERE ARRESTED
9. BEWARE OF IMMIGRATION SCAMS
10. SAVE FOR FEES AND PENALTIES (Fees and Penalties could be up to $5,000 or more)
Attorney SID GARBANZOS is a graduate of the City University of New York School of Law and is admitted to practice in New York and Washington, D.C. Practice areas include: Bankruptcy, Civil Litigation, Landlord-Tenant, Criminal Defense and Immigration, Please note that this article is written for a gratuitous purpose only and no attorney-client relationship is created in this publication. This article is not, nor intended to be legal advice. The reader should consult with a reputable lawyer based on his or her individual circumstances. Please call Garbanzos Law Firm at (718)725-7324 if you have any questions about this article.

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NEW IMMIGRATION RULE SHORTENS FAMILY SEPARATION DURING ‘GREEN CARD’ WAIVER PROCESS

January 3rd, 2013

Secretary of Homeland Security Janet Napolitano announced today Wednesday January 3, 2013 new immigration rules  that will allow many American citizens — perhaps hundreds of thousands — to avoid long separations from immediate family members who are illegal immigrants as they apply for their green cards to become legal residents. The rule essentially allow spouses, children, and parents of U.S. citizens to apply for provisional waivers before returning to their country of origin to complete the visa application process.

The immigration new rules create a waiver that bypasses an inconsistent law passed in 1996 which had presented Americans with the prospect of being separated for up to a decade from immigrant spouses, children or parents who were applying for the legal documents known as green cards.

It is generally straightforward for American citizens to obtain green cards for foreign-born spouses or minor children, and in some cases for parents. But if the immigrants entered the United States illegally, they must return to their native countries to receive their visas from American consulates there. However, under a 1996 law, once illegal immigrants leave this country, they are barred automatically from returning for at least three and as many as 10 years. Even immigrants who did not incur any bars to re-entry were often stranded overseas for many months while consulates completed their applications.

Until now, the risks for those immigrants of leaving the United States to return to their native countries to pick up their visas, even ones that were already approved, had been so great that countless families decided not to apply, adding to the numbers of immigrants living illegally in this country.

To be specific, under the current law, immediate relatives of U.S. citizens who are not eligible to adjust status in the United States to become lawful permanent residents must leave the U.S. and obtain an immigrant visa abroad. Individuals who have accrued more than six months of unlawful presence or classified as inadmissible such as those who entered with false documents,  alien crewmen who ‘jumped ship’ or aliens who entered without inspection (EWI) while in the United States must obtain a waiver to overcome the unlawful presence inadmissibility bar before they can return to the United States after departing to obtain an immigrant visa. Under the existing waiver process, which remains available to those who do not qualify for the new process, immediate relatives cannot file a waiver application until after they have appeared for an immigrant visa interview abroad and the Department of State has determined that they are inadmissible.
In order to obtain a provisional unlawful presence waiver, the applicant must be an immediate relative of a U.S. citizen, inadmissible only on account of unlawful presence, and demonstrate the denial of the waiver would result in extreme hardship to his or her U.S. citizen spouse or parent. “Extreme hardship” is a legal standard for an applicant of a waiver to prove so it is best to consult an immigration attorney. USCIS will publish a new form, Form I-601A, Application for a Provisional Unlawful Presence Waiver, for individuals to use when applying for a provisional unlawful presence waiver under the new process. The application fee for is $585.

Under the new provisional waiver process, immediate relatives must still depart the United States for the consular immigrant visa process; however, they can apply for a provisional waiver before they depart for their immigrant visa interview abroad. Individuals who file the Form I-601A must notify the Department of State’s National Visa Center that they are or will be seeking a provisional waiver from USCIS. The new process will reduce the amount of time U.S. citizen are separated from their qualifying immediate relatives.

The immigration authorities will begin accepting applications for the waivers on March 3, 2013. Administration officials first announced the policy change a year ago, but they have been receiving public comments and making revisions before publishing the final rules.

With the new rules, Americans’ family members can apply in the United States for a waiver from the bars to re-entry, before they leave to pick up their visas. Officials estimated the time immigrants would have to spend out of the country would be reduced to “a matter of weeks.”“ One of the critical benefits is that the individual will not be separated from the United States citizen family member during the application process,” said Alejandro Mayorkas, the director of United States Citizenship and Immigration Services, the agency that issues green cards.

For immigrants, immigration officials said, having an approved waiver in hand before leaving the country would also eliminate many doubts about whether they would ultimately receive their visas.

Sources: New York Times, US Citizenship and Immigration Services, Department of Homeland Security

Attorney Sid Garbanzos is a graduate of the City University of New York School of Law and is admitted to practice in New York and Washington, D.C. Practice areas include: Commercial & Civil Litigation, New York Landlord-Tenant and Immigration, Please note that this article is written for a gratuitous purpose only and no attorney-client relationship is created in this publication. This article is not, nor intended to be legal advice. The reader should consult with a reputable lawyer based on his or her individual circumstances. Garbanzos Law Firm at (718)725-7324

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