Author Archive Phillip Kim

ByPhillip Kim

Cecilia Muñoz Behind Obama’s Immigration Reform

Cecilia Munoz has been behind the efforts of Obama’s immigration reform since the early beginning. Activists now question whether she can move bipartisan legislation to approve immigration reform.

To read more about immigration reform, please read Eleanor Clift’s article below:

Cecilia Munoz, Quarterback of Obama’s Immigration Reform Efforts

Her friends wondered why she didn’t quit when President Obama failed to push immigration reform in his first term, and now they’re wondering if Cecilia Muñoz, the president’s point person on immigration, has the political muscle to move bipartisan legislation to fix the broken system across a finish line blocked by House Republicans. An activist with the National Council of La Raza before joining the White House in 2009, Muñoz, who turns 51 on Saturday, got roughed up pretty badly in her community when she defended Obama’s crackdown on illegal immigrants, which resulted in a record number of deportations. Her friends are convinced she wouldn’t have signed on for a second term unless she had Obama’s unqualified backing and commitment.

Click here to continue reading the article.

ByPhillip Kim

Facing Deportation and Removal—What You Can Do

If you have violated immigration law, you may be subject to deportation or removal proceedings. For illegal U.S. residents who were removed just once, there is a 3 year period that you are barred from re-entering the U.S. For long periods of undocumented U.S. residence or multiple removal offenses, the period of time that you are not admissible to immigrate to the U.S. can grow to up to 20 years.

Immigrants may be detained (jailed) for violations of current immigration law. The minimum bail you will be facing if detained on an immigration hold is $1,500 although it could be more depending on any other criminal record. If you are living in an area participating in the Department of Homeland Security’s Secure Communities Program, immigrants with criminal histories may be deported.

If you are not yet in court proceedings for your removal with the Board of Immigration Appeals, you may have some particular options for avoiding deportation. Some applicants may be allowed to withdraw their application for permanent residence without the consequence of deportation.

Applicants facing deportation may also have the option of voluntarily departing the U.S. While voluntary departure does result in you leaving the U.S., immigrants who voluntarily depart are not subject to the periods of waiting before they can re-enter the U.S.

If you are currently in formal removal proceedings with the Department of Justice Board of Immigration Appeals (BIA) and/or Immigration and Customs Enforcement, you may have the option of having your deportation cancelled. If you have been a long-term resident of the U.S. and can demonstrate, using the proper U.S. Citizenship and Immigration Services waiver, that your deportation would cause your spouse or parents extreme hardship, your deportation may be cancelled. You may also need to file other waivers that support or assert your admissibility for residence in the U.S.

Refugees, Asylees, and battered spouses and children can be subject to removal proceedings for being in violation of immigration law. However, you cannot be deported while your application for asylum is pending. Refugees and asylees will not be deported. However, if your asylum is cancelled or suspended at any time, your removal proceedings may resume.

ByPhillip Kim

Answers to Your Immigration Questions on Same-Sex Marriage

If your petition was previously denied based on DOMA section 3, USCIS will now reopen those applications for review. Please note, you will need to notify USCIS by March 31, 2014, if your I-130 was denied before February 23, 2011. Requesting to consider reopening your petition will be done at no charge, but fees to file an application will still apply.

Same-sex marriages will receive the same immigration benefits as those of opposite sex. The five year residence period for naturalization may be reduced to three years if you have been living in marital union with a U.S. citizen spouse the same way that applies for opposite sex spouses.

ByPhillip Kim

How to Get a Fiance(e) Visa

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The fiancé(e) visa, also known as the K-1 nonimmigrant visa) allows your fiancé(e) to enter the U.S. for 90 days to get married. Once your marriage takes place, your spouse may apply for permanent residence and stay in the U.S. while USCIS processes the application.

To be eligible, you (the petitioner) must be a U.S. citizen, you must marry your fiancé(e) within 90 days of entry, any previous marriages must have been legally terminated, and you must have met your spouse at least once within 2 years of filing your petition (with exceptions).

If your fiancé(e) has a child under 21 and unmarried, a K-2 nonimmigrant visa may also be available. After admission of your fiancé(e), he or she may immediately apply for permission to work by filing an application for employment.

ByPhillip Kim

Latinos Take Action for Immigration Reform: Will You Join?

As the House continues to debate over the issue of immigration reform, the Latino community is rallying to take action and have their voices heard.

To learn more about the updates of immigration reform and how the Latino community is advocating for undocumented immigrants, please read Bary Alyssa Johnson’s article below:

Immigration Reform News 2013: Latino Community Uniting to Fight House Over Immigration Reform

The National Council of La Raza (NCLR), the largest national Hispanic civil rights advocacy organization in the U.S., is hosting its annual conference this week, and a key topic being addressed shouldn’t be surprising: immigration reform.

Over 5,000 Latinos from all across the country have gathered together to unite in the fight for immigration reform, vowing to use their increasing political clout to push the House of Representatives to vote in favor of the comprehensive Senate reform bill, according to NCLR.

A town hall held this week at the conference focused on the moral, economic and political imperatives for winning reform. The discussion was headlined by Rep. Luis Gutiérrez, D-Ill., and brought together experts, advocates and political strategists to make the case for reform and to discuss the efforts underway to get Congress to deliver tangible solutions.

Click here to continue reading the article.

ByPhillip Kim

How to Become a U.S. Citizen

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You can become a citizen of the U.S. after having your green card through the naturalization process. There are some usual eligible paths to citizenship: live in the U.S. for 5 years, be the spouse of a U.S. citizen, be in the military or have a family member in the military, or have citizen parents. If you are already living in the U.S., you must have a green card before applying for citizenship. After filing for citizenship, you will need to take the naturalization test, which will include speaking, reading, and writing in English.

To apply independently to be a naturalized citizen, you should be over 18 and have been living in the U.S. with a green card for at least 5 years. For these 5 years you should have been living continuously in the U.S. to be eligible.

To apply to be a naturalized citizen as the spouse of a current U.S. citizen, you need to have a green card for at least 3 years while living with your spouse. If your spouse is working outside the U.S. but is a citizen, you can still file for citizenship as the spouse of a citizen.

Children of U.S. citizens are eligible for citizenship if they meet the requirements. For the purposes of the citizenship process, a child is anyone 18 years old or younger and who is not married. If you are the child of a U.S. citizen and are already living in the U.S., you can automatically get citizenship if at least one parent has citizenship, you are 18 years old or younger, and you are still in your parents’ custody.

If at least one of your parents is a citizen and you are under 18 but living outside the U.S., you are also eligible for citizenship. To be able to apply for citizenship as a child of a citizen living outside the U.S., at least one of your parents has to have been a citizen for at least 5 years. Also, you must have entered the country legally to be eligible to apply for citizenship as the child of a citizen. To enter legally, seek help with filing for a green card or visa.

Some military members, veterans, and their families can apply for citizenship. There are different paths to citizenship based on when your time served happened, separated into peacetime and wartime. If you are eligible to apply for citizenship, you can then file for citizenship as a military member, which includes veterans. Spouses and children of military members can also apply for citizenship if their family member is already a citizen. This process can also be done for families living overseas with active military members.

ByPhillip Kim

Immigration Reform Receives Support from Farm Owners

Local farmers are banding together to voice their support for the passage of the new immigration reform bill. They emphasize the crucial contribution of immigrant workers, and their opinions are projected to have an impact on the House decision.

To read more about immigration reform, please read Heidi Przybyla’s article below:

Cantaloupe Growers Lobby Congress on Immigration Reform

Mornings for Bruce Frasier, an onion and cantaloupe grower in southwest Texas, are tinged with anxiety over whether enough day laborers will arrive in vans to harvest his crops.

“It’s a heck of a way for a businessman to start his day,” said Frasier, who visited Washington to express his concerns about a dwindling labor force as he sought to persuade members of his Republican Party to revise U.S. immigration laws.

Frasier’s initiative emphasizes the crucial role business owners, in particular agricultural producers and technology companies that rely on immigrants, will play in the U.S. House debate over easing current restrictions. The industries’ voices may serve as a counterweight to Tea Party advocates who oppose revamping U.S. immigration policy, particularly Republicans from conservative-voting districts in states such as Texas.

Click here to continue reading the article from Bloomberg.

ByPhillip Kim

Immigration Reform – 15 Vacancies in the Department of Homeland Security…Will It Affect You?

Will you be affected by the vacancies in the DHS? It was just announced that there will be 15 vacancies in September. This can have a large impact on immigration reform since top leaders are leaving. If you’d like to learn more, here’s some quick information from Lisa Barron of Newsmax.

Vacancies at DHS Could Impact Immigration Reform

The Department of Homeland Security, the largest agency in the federal government, soon will have at least 15 vacancies in top posts once Secretary Janet Napolitano leaves in September.

Lawmakers are concerned not only about the departure of Napolitano, but also of Immigration and Customs Enforcement Director John Morton and other directors of various immigration departments, according to The Washington Times.

House Homeland Security Committee Chairman Michael McCaul of Texas told the Times that Napolitano’s departure “is a substantial addition to the growing list of unfilled key leadership positions within the department, and the administration should move swiftly to fill the gaping holes in its management.”

But as Congress continues to work on overhauling the immigration system, Morton’s departure is drawing the most attention. Once he leaves, immigration enforcement efforts will be without top leaders not only at ICE but also at Customs and Border Protection and at Citizenship and Immigration Services.

To read more, click here >>

ByPhillip Kim

How to Get a Green Card with the Diversity Visa

Each year, the U.S. State Department makes 50,000 visas available to visa applicants from countries with low rates of immigration to foster diversity in the U.S. The Diversity Immigrant Visa recipients are chosen using a lottery system, which you can enter each year through the U.S. Department of State. If you receive a visa, you are also eligible to apply for a change of status to permanent resident with the USCIS. While the USCIS does not process applicants to the Diversity Immigrant Visa Program, you must file the correct USCIS forms to get a green card.

To be eligible to be a Diversity Visa recipient, you must have at least a high school diploma or equivalent. If you do not have a high school education, you should have at least 2 years of work experience in a field that requires at least 2 years of training. If you are eligible to apply for the Diversity Immigrant Visa Program, you can enter yourself in the lottery online during the allotted entry time. If the window for applying has closed, you must wait until the following year to apply for a DV visa.

Once you enter the Diversity Immigrant visa Program and your entrance has been confirmed, you should follow usual procedure for getting a visa. This will mean filing the necessary forms, paying correct filing fees, undergoing a medical examination and submitting the documents with the results, and undergoing an interview at the U.S. Consulate or USCIS office near you. You must also submit passport-style photographs of you, your spouse, and unmarried children 21 years old or younger.

If you have a DV visa, you can file for a change of status to permanent resident with U.S. Citizenship and Immigration Services. As long as there are not holds on your eligibility to be a permanent resident and you are admissible to the U.S., you can file your change of status as normal with the USCIS. You will need to provide proof of your acceptance to the DV program when changing your status.

ByPhillip Kim

El Salvador Temporary Protected Status Must Re-Register

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El Salvador nationals who have Temporary Protected Status (TPS) must re-register by Monday July 29, 2013, or risk losing their TPS status and work authorization. Beneficiaries will receive a new Employment Authorization Document with an expiration date of March 9th, 2015. For those with EAD’s having a September 9, 2013, expiration date, USCIS will extend the date for an additional six months.