Category Archive Immigration News

ByPhillip Kim

Employment Authorization for Certain H-4 Dependent Spouses of H-1B Nonimmigrants

The Department of Homeland Security’s latest proposal would allow certain H-4 dependent spouses of H-1B principal nonimmigrants to obtain employment authorization from USCIS. The Department of Homeland Security states that if this proposal is passed, it would benefit H-4 dependent spouses of H-1B principal nonimmigrants who are in the process of obtaining a green card through employment.

H-1B principal nonimmigrants who are considered to be “in the process of obtaining a green card through employment” are those who have an approved I-140 petition, or have been granted an extension of their stay in the United States under the American Competitiveness in the Twenty-First Century Act of 2000 (AC21).

The purpose of this proposal is to relieve the financial burden of H-1B principal nonimmigrants while they are awaiting for their green cards through employment since under current law H-4 dependent spouses are not allowed to work in the United States. The Department of Homeland Security believes such proposal would further their goal of attracting and retaining highly skilled foreign workers in the United States.

ByPhillip Kim

Senator Schumer Promises Immigration Reform

At the 12th Annual Daily News/CUNY Citizenship NOW! immigration call-in, New York Senator Charles Schumer announced the possibility of immigration reform being passed this summer. If immigration reform is passed it would provide a pathway to citizenship for approximately 11 million undocumented immigrants currently here in the United States.

The bill for immigration reform was approved by the Senate but has currently stalled in the House of Representatives, which mainly consists of Republicans. Senator Schumer believes that Republicans from the House of Representatives will agree to immigration reform, otherwise they would run the risk of not being re-elected if they do not give in on this matter.

ByPhillip Kim

California Will Allow Driver’s Licenses For Undocumented Immigrants Under AB 60

New DMV locations are currently being set up throughout California to accommodate the increase in driver’s license applications due to AB 60. Fresno is amongst one of the cities which will have a new DMV building to accomodate such increase. The new DMV office will replace the current existing DMV office on Olive and Weber Avenue and will be triple the size of the Olive office.

AB 60 was signed into law by California Governor Jerry Brown last year. AB 60 would provide undocumented immigrants the opportunity to apply for a driver’s license in California. This law will be effective January 1, 2015.

The DMV Chief Deputy Director Jean Shiomoto commented in a press release that “This law will improve public safety for all Californians by helping ensure that undocumented persons pass a written and driving test and obtain proof of insurance and license before driving their vehicles in California. Thanks to AB 60, we believe more drivers will be safer on California roads.”

DMV expects to receive about 1.4 million more applications for licenses over the next three years beginning in 2015 when the AB 60 law takes effect.

Governor Brown has proposed a state budget of $64.7 million to the DMV which will include hiring approximately 900 more employees statewide and for expansion of facilities.

ByPhillip Kim

How to Read the US Visa Bulletin For Family-Based Petitions; Department of State Visa Bulletin

Each month the Department of State releases a visa bulletin which is used to determine a prospective immigrant’s place in line before they are eligible to apply for their visa to come to the United States pursuant to the visa quota.

You will be able to access the current visa bulletin HERE.

First, to read the visa bulletin, you will need to determine the prospective immigrant’s preference category. The following are the types of family-sponsored preference categories:

1. F1 – Unmarried Sons and Daughters of US citizens
2. F2A – Spouses and children of Permanent Residents
3. F2B – Unmarried sons and daughters (21 years of age or older) of Permanent Residents
4. F3 – Married sons and daughters of US citizens
5. F4 Brothers and sisters of adult US citizens

After finding the row containing the preference category on the visa bulletin chart, determine the country of the prospective immigrant’s country of nationality or citizenship. If you are not sure which preference category pertains to your case, please contact an experienced immigration attorney.

If the prospective immigrant’s country of citizenship or nationality is neither China, India, Mexico, or the Philippines then they will need to look at the column “All Chargeability Areas Except Those Listed”.

The column (country of the prospective immigrant) and row (preference category) will intersect and provide you with a date — that date means visa numbers are available to those in the preference category with priority dates on or prior to that listed date.

If you see a “C” in your preference category, then that means that the visa numbers are now current. A “U” means that visa numbers are currently unavailable for the group in that preference category.

Second, you will need to determine your priority date to see whether the prospective immigrant’s visa number is current or not. Your priority date will be on your I-130 petition approval notice in the section that says “Priority Date”.

If your priority date is not current, then you will need to wait until it becomes current. Visa numbers change month-to-month so it is important that you check the visa bulletin often.

ByPhillip Kim

USCIS To Stop Wrongfully Denying I-601A Provisional Waivers

After many months of waiting from the public, USCIS has finally informed the public that it will modify its current policy on how it will adjudicate I-601A provisional waivers for applicants with criminal convictions.

USCIS has announced that it will no longer wrongfully deny waivers that involve certain criminal convictions. Our office is now assisting eligible clients with criminal convictions in filing their I-601A provisional waivers.

ByPhillip Kim

White House Still Pressing for Immigration Reform

Advocates for immigration reform in the White House claim that their focus has not changed and that they are still pushing for immigration reform. To read more about immigration reform, read Laura Matthews’s article below:

2013 Immigration Reform: ‘Focus Hasn’t Changed,’ Says White House

The focus on the part of the White House to pass a 2013 immigration reform bill has not changed, said Press Secretary Jay Carney in a press briefing on Monday.

“Our absolute focus on getting immigration reform passed by both houses and signed into law has not changed at all,” Carney said in response to a question about President Barack Obama’s message to those concerned the issue has been low priority for the White House.

Earlier this year, there was increased momentum for a comprehensive immigration reform bill passing Congress before the end of the year. With the failure of gun control in April, delivering a huge blow to Obama’s second-term agenda, overhauling the status quo on immigration looked at one point as if it was the only one of Obama’s agenda items that would see legislative success.

The Senate passed its comprehensive immigration reform bill in June, providing a 13-year path to citizenship for immigrants in the U.S. illegally and boosting spending for border security and more fencing along the Mexico border.

Click here to continue reading the article.

ByPhillip Kim

Hope for Immigration Reform to Unite Families

Families separated by the U.S. and Mexican border hope that immigration reform will bring them back together. To read more about immigration reform, read Juan Carlos Llorca’s article below:

Married Couples Split By Border Hope Immigration Reform Brings Relief

Falcon, like others who married or are closely related to people who have a lifetime ban from the United States, hopes legislation to be introduced by Texas freshman U.S. Rep. Beto O’Rourke will provide relief from their situation.

The bill is aimed at providing discretionary authority to judges and Department of Homeland Security officials when the person who is in deportation, ineligibility or inadmissibility proceedings is an immediate family member of a U.S. citizen.

O’Rourke, a Democrat, said he will introduce it once Congress returns Sept. 9.

The bill also would remove the requirement that U.S. citizens have to demonstrate “extreme hardship” in order to apply for a waiver for their relative or spouse. Therefore, if they can demonstrate the removal or inadmissibility would create a hardship for the U.S. citizen, the judge or DHS official would have to rule in favor of the family.

And the bill would let people who have been deemed inadmissible for life, like Valtierra, to ask for a waiver.

Click here to continue reading the article.

ByPhillip Kim

Reasons Why Immigration Reform Might Pass

Immigration reform advocates are hopeful and many predict the odds are in their favor for the passage of the immigration reform bill. To read more about immigration reform, read Robert Creamer’s article below:

Top Five Reasons why Immigration Reform Is Likely to Pass This Year

In fact, there are many good reasons to predict that the odds are very good the GOP House Leadership will ultimately allow a vote on an immigration reform bill containing a pathway to citizenship this year. If such a bill is called, the odds are close to one hundred percent that it will pass.

That is because, right now, there are more than enough votes on the floor of the House to pass immigration reform with a pathway to citizenship if it is given an up or down vote. The only question now is whether the House Leadership decides that it is in their political interest to call the bill.

The GOP leadership understands that if an immigration reform bill passes, the Democrats will get the credit with key immigrant constituencies and many suburban swing voters. But they are also coming to realize that if they do not call the bill, they will get the blame with those same constituencies – and that could lead to both short-term and-long term disaster for the Republican Party.

Click here to continue reading the article.

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

Immigration Reform March Goes Through Fresno

Immigration reform advocates marched from Sacramento to Bakersfield and hundred joined in as they went past Fresno. To read more about immigration reform, read ABC News’ article below:

Immigration reform march through Fresno aims for progress

Fifteen people walked from Sacramento to Bakersfield to draw attention to immigration reform. Saturday hundreds joined the group as they marched through Fresno.

The group walked eight miles to Saint Anthony’s of Padua for an event with Bishop Ochoa. They hope the 21 day march across much of the state will encourage members of congress to support a pathway to citizenship.

Many of those who participated in Saturday’s event say the public looks at undocumented immigrants unfairly.

Click here to continue reading the article.