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Supreme Court Tie Blocks Obama Immigration Plan- DAPA & DACA expanded

On June 23, 2016, the U.S. Supreme Court deadlocked in a 4 to 4 split in the long-awaited case, United States v. Texas, effectively upholding the lower court’s injunction halting the expansion of the Deferred Action for Childhood Arrivals (DACA) program and the creation of a new program known as Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA). The original DACA program remains in place.

The decision was just nine words long: “The judgment is affirmed by an equally divided court.”

The case, United States v. Texas, No. 15-674, concerned a 2014 executive action by the president to allow as many as five million unauthorized immigrants who were the parents of citizens or of lawful permanent residents to apply for a program that would spare them from deportation and provide them with work permits. The program was called Deferred Action for Parents of Americans and Lawful Permanent Residents, or DAPA.

The court did not disclose how the justices had voted, but they were almost certainly split along ideological lines. Administration officials had hoped that Chief Justice John G. Roberts Jr. would join the court’s four-member liberal wing to save the program.

The case hinged in part on whether Texas had suffered the sort of direct and concrete injury that gave it standing to sue. Texas said it had standing because it would be costly for the state to give driver’s licenses to immigrants affected by the federal policy.

Chief Justice Roberts is often skeptical of expansive standing arguments. But it seemed plain when the case was argued in April that he was satisfied that Texas had standing, paving the way for a deadlock.

White House officials had repeatedly argued that presidents in both parties had used similar executive authority in applying the nation’s immigration laws. And they said Congress had granted federal law enforcement wide discretion over how those laws should be carried out.

But the court’s ruling may mean that the next president will again need to seek a congressional compromise to overhaul the nation’s immigration laws. And it left immigration activists deeply disappointed.

In their Supreme Court briefs, the states acknowledged that the president had wide authority over immigration matters, telling the justices that “the executive does have enforcement discretion to forbear from removing aliens on an individual basis.” Their quarrel, they said, was with what they called a blanket grant of “lawful presence” to millions of immigrants, entitling them to various benefits.

In response, Solicitor General Donald B. Verrilli Jr. told the justices that this “lawful presence” was merely what had always followed from the executive branch’s decision not to deport someone for a given period of time.

Speaking at the White House, President Obama described the ruling as a deep disappointment for immigrants who would not be able to emerge from the threat of deportation for at least the balance of his term.

“Today’s decision is frustrating to those who seek to grow our economy and bring a rationality to our immigration system,” he said. “It is heartbreaking for the millions of immigrants who have made their lives here.”
(from nytimes)

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Summary of Executive Action Obama Announced

Today, 11/20/2014, President Barack Obama announced broad executive action to offer temporary relief from deportation to millions of undocumented immigrants.

“If you’ve been in America for more than five years; if you have children who are American citizens or legal residents; if you register, pass a criminal background check, and you’re willing to pay your fair share of taxes – you’ll be able to apply to stay in this country temporarily, without fear of deportation,”

The most controversial aspect of the president’s executive order allows as many as five million undocumented immigrants to stay in the U.S., including the undocumented parents of children born here. Those parents will be able to request deportation relief and work permits for three years at a time, provided that they register, pass background checks, pay fees, and prove that their legal resident or citizen child was born before the date of the executive order.

The plan also protects more so-called “DREAMers” — young immigrants brought to the United States illegally as children. Previously, individuals were eligible for deferred action if they were born after 1981 and entered the country before 2007. That date is expected to change to January 1, 2010, with no age limit.

Obama noted that the move would not grant undocumented immigrants citizenship or the right to remain in the country permanently. And he said that he will still push for a legislative solution

NBC News
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While relatives of U.S. citizens often find a path to legal status, relatives of green card holders can also apply for a green card. If you are related to a permanent resident or green card holder, you might be eligible to petition for a green card.

A green card holder may apply for his/her spouse and children (unmarried, any age) to come to the U.S. legally. As a relative of a permanent resident, you will be placed in a category known as “family second preference”. Because the number of visas given out to family preference applicants annually is limited, you will be placed on a wait list. When a visa number is available, it will be assigned to you.

If you are in the U.S., the process of applying for a visa will be the same as that of relatives to U.S. citizens. If you are already in the U.S., your relative must file Form I-130. When it is approved, you must wait until the priority date in the family preference category becomes current. The priority date is the date when the I-130 is properly sent. When it becomes current, you can file the I-485 which will allow you to adjust your status. Eventually, the adjustment process will result in your status as a permanent resident.

For the most part, the application process must be completed by the green card holder. First, he/she must file Form I-130 and provide USCIS with proof of his/her status as a legal permanent resident. Documents and evidence of the relationship between the green card holder and immigrant must also be included. Examples of evidence include birth and marriage certificates. If you and your family member do not share the last name, you must show proof of the legal name change. More specific details can be found on the forms that need to be filed.

If you are outside the U.S., you must undergo the process of consular processing. This type of processing occurs when USCIS works with the Department of State to issue a visa on an I-130 that has been approved. When the Department of State issues you the visa, you can travel abroad and will become a permanent resident when you enter the U.S.

Many families are under the impression that an approved I-130 means that an applicant has been granted a benefit or change in status. This is not true. If USCIS accepts and approves the visa petition, it means that you are now in line for a visa number. If you belong to a first preference category, you will be issued a visa right away. If not, there will be a longer wait.

If you have any questions about preference categories, the process of becoming a U.S. citizen, or how to obtain a visa, please contact Immigration Attorney Phillip Kim.

ByPhillip Kim

Employment-Based Immigration: Third Preference EB-3 by Immigration Attorney in Fresno

Employment-Based Immigration: Third Preference EB-3
You may be eligible for this immigrant visa preference category if you are a skilled worker, professional, or other worker.

● “Skilled workers” are persons whose job requires a minimum of 2 years training or work experience, not of a temporary or seasonal nature
● “Professionals” are persons whose job requires at least a U.S. baccalaureate degree or a foreign equivalent and are a member of the professions
● The “other workers” subcategory is for persons performing unskilled labor requiring less than 2 years training or experience, not of a temporary or seasonal nature.

■ Eligibility Criteria
◆ Sub-categories : Skilled Workers
Evidence : ⊙ You must be able to demonstrate at least 2 years of job experience or training ⊙ You must be performing work for which qualified workers are not available in the United States
Certification : Labor certification and a permanent, full-time job offer required.

◆ Sub-categories : Professionals
Evidence : ⊙ You must be able to demonstrate that you possess a U.S. baccalaureate degree or foreign degree equivalent, and that a baccalaureate degree is the normal requirement for entry into the occupation
⊙ You must be performing work for which qualified workers are not available in the United States
⊙ Education and experience may not be substituted for a baccalaureate degree
Certification : Labor certification and a permanent, full-time job offer required.

◆ Sub-categories : Unskilled Workers (Other Workers)
Evidence : You must be capable, at the time the petition is filed on your behalf, of performing unskilled labor (requiring less than 2 years training or experience), that is not of a temporary or seasonal nature, for which qualified workers are not available in the United States.
Certification : Labor certification and a permanent, full-time job offer required.

Note: While eligibility requirements for the third preference classification are less stringent, you should be aware that a long backlog exists for visas in the “other workers” category.
For More Information, Please Contact:
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
http://PhillipKimLaw.com/

Application Process

Your employer (petitioner) must file , Petition for Alien Worker. As part of the application process, your employer must be able to demonstrate an ability to pay the offered wage as of your visa priority date. Your employer may use an annual report, federal income tax return, or audited financial statement to demonstrate an ability to pay your wage.

For more information on filing fees, Please Call:(559) 761-9742

.

Family of EB-3 Visa Holders

Your spouse may be admitted to the United States in the file (spouse of a “skilled worker” or “professional”) or the file (spouse of an “other worker”). During the process where you and your spouse are applying for permanent resident status (status as a green card holder), your spouse is eligible to file for an Employment Authorization Document . Your minor children (under the age of 18) may be admitted as the file (child of a “skilled worker” or “professional”) or the file (child of an “other worker”).
For More Information, Please Call :
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
http://PhillipKimLaw.com/

ByPhillip Kim

Green Card Through Family by Immigration Attorney in Fresno

Many people become permanent residents (get a green card) through family members. The United States promotes family unity and allows U.S. citizens and permanent residents to

petition for certain relatives to come and live permanently in the United States. You may be eligible to get a green card through a family member who is a U.S. citizen or permanent

resident, or through the special categories described below. For more information on the

categories below, Please Contact : Fresno Immigration Attorney Phillip Kim

There are two distinct paths through which you can get your green card. Many family members who are already in the United States may qualify for adjustment of status to

permanent residence in the United States, which means they are able to complete their immigrant processing without having to return to their home country. Those relatives outside the United States or those who are not eligible to adjust status in the United States

may be eligible for consular processing through a U.S. embassy or consulate abroad that has jurisdiction over their foreign place of residence. For more information on these processes, Please Contact :Phillip Kim

If Your Family Member is a U.S. Citizen

You may be able to get a green card as an immediate relative or as a family member in a preference category if your U.S. citizen relative files a Form I-130, Petition for Alien Relative, for you. For more information on immigrant petitions, Please Contact :
(559) 761-9742

◆ Immediate Relative of a U.S. Citizen
You are an immediate relative of a U.S. citizen if you are:

◆ The child (unmarried and under 21 years old) of a U.S. citizen
◆ The spouse (husband or wife) of a U.S. citizen
◆ The parent of a U.S. citizen (if the U.S. citizen is 21 years or older)
◆ Family Member of a U.S. Citizen in a Preference Category
You are a family member of a U.S. citizen in a preference category if you are:

◆ An unmarried son or daughter (21 years or older) of a U.S. citizen
◆ A married son or daughter (any age) of a U.S. citizen
◆ A sibling (brother or sister) of a U.S. citizen
If Your Family Member is a Permanent Resident

You may be able to get a green card as a family member in a preference category if your

family member filed a Form I-130 on your behalf. For more information on immigrant

petitions, Please Contact :Fresno Immigration Attorney Phillip Kim

◆ Family member of a permanent resident in a preference category
You are a family member of a permanent resident in a preference category if you are:

◆ The spouse of a permanent resident
◆ The child (unmarried and under 21 years old) of permanent resident
◆ The unmarried son or daughter (21 years or older) of a permanent resident Green Card Through Special Categories of Family

You may also be eligible to get a green card if you:

◆ Are a battered child or spouse of a U.S. citizen
◆ Entered the United States with a K visa as the fiance(e) or spouse of a U.S. citizen or an accompanying child
◆ Obtained V nonimmigrant status
◆ Are a widow(er) of a U.S. citizen
◆ Are born to a foreign diplomat in the United States
For more information on “Adjustment of Status” and “Consular Processing” , Please

Contact:
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
http://PhillipKimLaw.com/

ByPhillip Kim

Green Card Process and Permanent Resident Card Application Procedure

Immigrants in most categories will need an immigrant petition, Petition for Alien Relative, Form I-140, Immigrant Petition for Alien Worker, Petition for Amerasian, Widow(er), or Special Immigrant, or another petition) filed on their behalf.

A petition establishes the underlying basis for your ability to immigrate and determines your immigrant classification or category. Some categories of immigrants may be able to self-petition. Most people immigrating based on humanitarian programs are exempt from the petition requirement.

Some immigrant petitions can be filed at the same time as the adjustment application (Application to Register Permanent Residence or Adjust Status), known as “concurrent filing” while other categories of immigrants will be required to wait until they have an approved petition before being allowed to apply for adjustment of status or an immigrant visa. For more information about concurrent filing, Click HERE.

Visa Availability

A visa is always available for immediate relatives of U.S. citizens. If you are in a family or employment based preference category, visa availability is determined by:
Your priority date
The preference category you are immigrating under
The country the visa will be charged to (usually your country of citizenship)

The Department of State is the government agency that controls visa numbers. The annual limits for visa numbers are established by Congress and can be referenced in the Immigration and Nationality Act (INA).

First, a priority date will be assigned to you based on your immigrant petition filing date (the date that the petition is properly filed with the Gov.) or, in certain employment-based cases, the date the application for a labor certification was accepted by the Department of Labor. Your priority date holds your place in line for an immigrant visa.

This date, along with your country of nationality and preference category, determines if or how long a person will have to wait for a visa to be immediately available. When the officials are ready to approve an applicant for permanent residency in a visa category that has limited numbers, we must first request a visa number from the Department of State.

When a visa is available, you may file Application to Register Permanent Residence or Adjust Status (if you are in the United States) or apply for an immigrant visa abroad (consular processing). If you are consular processing, the Gov. will forward your approved petition to the Department of State’s National Visa Center who will contact you when your priority date is about to become current as to what your next steps are and when you may apply for an immigrant visa abroad.

For more information on determining visa availability or filing abroad, see the “Visa Availability & Priority Dates” and “Consular Processing” links to the left.

Admissibility to the United States

All persons applying for an immigrant visa or adjustment of status must prove to the satisfaction of immigration or consular officials that they are admissible (eligible for admission) to the United States.

There are many grounds of inadmissibility that could potentially cause someone to be ineligible to become a permanent resident. For instance, there are health-related, criminal, security-related, and other grounds the office must consider.

In some cases and in certain situations, if you are found inadmissible to the United States you may be eligible to file a waiver on Application for Waiver of Ground of Inadmissibility, (the form required for most immigrants) or Application By Refugee For Waiver of Grounds of Excludability (the form required for refugees and asylees) to excuse your inadmissibility.

The grounds of inadmissibility that are determined by the particular category under which you are immigrating. If you are ultimately found inadmissible to the United States, your adjustment of status application or immigrant visa application will be denied. Congress has set the grounds of inadmissibility and they may be referenced in Section 212 of the Immigration and Nationality Act.

After all paperwork has been received, interviews conducted (if necessary), security checks completed, and other eligibility requirements reviewed, your case will be ready for a decision by the Government.

For more information, CALL (559) 761-9742 or Click HERE.