Tag Archive Immigration Services

ByPhillip Kim

Reasons for Provisional Waiver Revocation

Effective March 4, 2013, some immigration visa applicants may apply for provisional unlawful presence waivers before leaving the U.S. These applicants should be immediate relatives of the U.S. citizen. Waiver application is available before the immigrant leaves for his or her U.S. embassy or consulate interview. This new process was designed to decrease the wait time for the U.S. citizen’s relatives to come back to the states when they are obtaining immigrant visas for permanent residency.

However, there are a few things to be aware of to prevent revocation of the provisional waiver. The waiver is revoked if the Department of State terminates the application, USCIS revokes the petition, the consular officer at the embassy determines inadmissibility, or you try to enter the U.S. without inspection before your visa is issued.

ByPhillip Kim

Mark Zuckerberg Supports Immigration Reform

Mark Zuckerberg, CEO of Facebook, joined other leaders to advocate for the passage of immigration reform. He stresses the imporatance of this bill for him and many other tech companies not only in Silicon Valley.

To read more about immigration reform, please read Carla Marinucci’s article below:

Zuckerberg Speaks Out for Immigration Reform

Facebook CEO Mark Zuckerberg took his first step on the national political stage Monday night when he joined publicly with tech leaders, civil rights activists and undocumented immigrants to call for a comprehensive overhaul of the nation’s immigration policies – an issue he said touches not just Silicon Valley but “the whole country.”

“This is something that we believe is really important for the future of our country – and for us to do what’s right,” the social media innovator told a crowd of several hundred at the Yerba Buena Center for the Arts in San Francisco.

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

Mathematical Approach to Immigration Reform Predictions

Tom Wong, an assistance professor at UC San Diego who grew up being an illegal immigrant, formulates statistics to predict how many “yes” and “no” there will be from Congress regarding the immigration reform bill. To read more about his predictions, please read Cindy Chang’s article below:

Immigration Reform Predictions Are Mathematical and Personal

Tom Wong sat in the parking lot of a San Diego McDonald’s, scarfing a double cheeseburger and listening to the Senate’s roll-call vote on immigration as it live-streamed over his iPhone.

Landrieu, aye. Leahy, aye. Lee, no.

Just as he had predicted.

Finally, the 100th name: Wyden, aye. Relieved and smiling broadly, he called his wife with the good news. Not only had the bill passed, but his statistical models had worked nearly perfectly. He was right about all but a few senators.

As the immigration battle shifts to the House, word has spread among activists that Wong might be the Nate Silver of immigration reform — the go-to data geek with the crystal ball.

But Wong doesn’t just want to predict the future. He also wants to change it, by giving immigrant-rights advocates the statistical ammunition they need to influence lawmakers.

Click here to continue reading the article from LA Times.

ByPhillip Kim

GOP Donors Press on for Immigration Reform

Top GOP donors are now pressuring the House to pass the immigration reform legislation and fix the broken system. To learn more about the updates of immigration reform and what GOP donors are doing to convince the House, please read Meghashyam Mali’s article below:

Top GOP Donors Press Lawmakers to Act on Immigration Reform

More than 100 top Republican donors and fundraisers are pressing GOP lawmakers to act on immigration reform, according to a report from The New York Times.
The donors sent a letter to Republican lawmakers on Tuesday urging them to “take action to fix our broken immigration system.”

Among the prominent signatories are Karl Rove, a former adviser to President George W. Bush and a top GOP strategist, and former Vice President Dan Quayle.
The letter calls for measures to “secure our borders,” a system for U.S. companies to “hire the workers they need while making it impossible to hire workers here illegally,” and a “path to legal status for undocumented immigrants.”

The effort was organized by former Commerce Secretary Carlos Gutierrez, who served in the George W. Bush’s administration and is the founder of the group Republicans for Immigration Reform.
Gutierrez told the Times that the group would lobby GOP lawmakers over the August recess.

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ByPhillip Kim

Immigration Through Adoption

Immigration through adoption is the act of adopting a child who is born in a country different from the adoptive parent. This may also be referred to as intercountry adoption. For children being adopted by U.S. citizens, there are two main processes for immigration through adoption, and the individual to be adopted may immigrate if he or she meets all the requirements of one of these processes: The Hague Process or the Orphan Process.

Step for the Hague Process: the child lives in a country that is a party to the Hague Intercountry Adoption Convention
1. Choose a Hague Accredited ASP (and perhaps also an immigration attorney).
2. Obtain a home study from someone authorized to complete a Hague adoption home study.
3. Apply to USCIS before adopting a child or accepting a placement for a determination that one is suitable for intercountry adoption.
4. Once USCIS approves the application, work with the adoption service provider to obtain a proposed adoption placement.
5. File a “petition” with USCIS, before adopting the child, to have the child to be found eligible to immigrate to the United States based on the proposed adoption.
6. Adopt the child, or obtain custody of the child in order to adopt the child in the United States.
7. Obtain an immigrant visa for the child.
8. Bring the child to the United States for admission with the visa

For the Orphan Process: (non-Hague) if the Hague Intercountry Adoption Convention does not apply
1. You must file an orphan petition before the child’s 16th birthday, or before the child’s 18th birthday if the child is a birth sibling of another child whom you have also adopted
2. Confirm that the child is an orphan as defined in the U.S. immigration law
3. Verify that you have obtained a valid adoption or grant of custody
4. Determine whether the child has any special needs that were not fully addressed in your home study
5. Determine whether there are any facts showing that the child does not qualify for immigration as your adopted child
There is an additional process for U.S. citizens or permanent residents to petition for an adoptive child through an Immediate Relative Petition.

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.

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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.

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ByPhillip Kim

How to Become a U.S. Citizen

statue-of-liberty

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.