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Obama Immigration Plans

Friday, July 17, 2015

USCIS Seeks Comments on Proposed Expansion of Eligibility for Provisional Unlawful Presence Waivers

USCIS Seeks Comments on Proposed Expansion of Eligibility for Provisional Unlawful Presence Waivers

USCIS is seeking public comments on a proposed rule that would expand eligibility for provisional waivers of inadmissibility based on the accrual of unlawful presence. The proposed rule would expand eligibility to all foreign nationals who are statutorily eligible for an immigrant visa and for a waiver of inadmissibility based on unlawful presence.

Read the advance version of the notice of proposed rulemaking: Expansion of Provisional Unlawful Presence Waivers of Inadmissibility. Once the notice of proposed rulemaking is published in the Federal Register, the public will have 60 days from the date of publication to comment. To submit comments, follow the instructions in the notice.

The changes, proposed in the interests of family unity and to enhance customer service, would take effect on the date indicated in the final rule when the final rule is published in the Federal Register.

Currently, the Department of Homeland Security (DHS) allows certain immediate relatives – specifically certain parents, spouses and children of U.S. citizens -- who are in the United States to request a provisional unlawful presence waiver before departing for consular processing of their immigrant visas. The waiver currently is only available to those immediate relatives whose sole ground of inadmissibility would be unlawful presence under section 212(a)(9)(B)(i) of the Immigration and Nationality Act and who can demonstrate that the denial of the waiver would result in extreme hardship to their U.S. citizen spouse or parent.

Under the proposed rule, USCIS may grant a provisional waiver to foreign nationals if they are statutorily eligible for an immigrant visa and for a waiver of inadmissibility based on unlawful presence. The proposed rule also would expand who may be considered a qualifying relative for purposes of the extreme hardship determination to include lawful permanent resident spouses and parents.  

These proposed changes do not take effect with the publication of the notice of proposed rulemaking. When the final rule is published, the final rule will indicate the date on which foreign nationals may begin to apply for provisional unlawful presence waivers under the changes.

At this time, foreign nationals should not submit applications requesting provisional unlawful presence waivers based on the proposed changes. USCIS may deny any such application filed before the effective date indicated in the final rule, once the final rule is published.

For more information, see the Provisional Unlawful Presence Waivers page.


Tuesday, April 21, 2015

California Pushes To Expand Health Care For Immigrants - Huffington Post

California Pushes To Expand Health Care For Immigrants

Posted: Updated:
JERRY BROWN
LOS ANGELES, CA - NOVEMBER 06: Governor of the State of California Jerry Brown presents onstage at the ADL Annual Meeting on November 6, 2014 in Los Angeles, California. (Photo by Michael Kovac/WireImage) | Michael Kovac via Getty Images

SACRAMENTO, Calif. (AP) — President Barack Obama's executive order to spare some immigrants from deportation has galvanized Democrats, immigration groups and health care advocates in California to push for expanding health coverage to a segment of the population that remains uninsured.

The president's action excludes immigrants who came to the country illegally from qualifying for federal health benefits. But California has its own policy of providing health coverage with state money to low-income immigrants with so-called "deferred action" that allow them to avoid deportation. Immigrant and health care advocates say that means Obama's executive order will enable hundreds of thousands of low-income immigrants in California to apply for Medi-Cal, California's version of Medicaid.

Read the full article:

http://www.huffingtonpost.com/2014/11/30/california-health-care-immigrants_n_6243850.html


Monday, April 20, 2015

President Obama's Executive Order and How it May Help You!

Introduction

President Obama's Immigration Accountability Executive Actions will affect up to 4.9 million undocumented immigrants in the U.S. The highlight of the announcement is the Deferred Action for Parents program, which includes:

  • Parents of U.S. citizens and permanent residents are eligible if their child was born on or before November 20, 2014.
  • They will benefit from having any deportation action deferred for them and they will also receive

     employment authorization.

  •  Other requirements include continuous residence since January 1, 2010 and not being a priority for removal.

Contact our office if you have questions or concerns about removal priority (deportation priority to the Department of Homeland Security) 

People impacted by this history-making executive order from Barack Obama should prepare themselves for the coming months and get ready to send in their applications. Here are some things that you will need to know and prepare for:

  1. Start saving for application costs
  2. Collect documents that you will need to submit with your application 
  3. Put together your reasons for why you should benefit from this executive order 
  4. Pay attention to new developments because new information comes out every day! 

If you are one of the 4.9 million undocumented immigrants who will benefit from this executive order, the time to start collecting documents and making your case is now!

Deferred Action

In 2012, Barack Obama issued an executive order that would quickly be known as “DACA,” which is a type of administrative relief where a qualified individual can ask the USCIS for the right to work and avoid deportation. The qualifications of the program stated that in order to receive deferred action the applicant would have to show that they arrived in the U.S. as a child and therefore faultless in their undocumented status.

DACA has been expanded by President Obama's newest executive action to include the following groups of people:

  1. Undocumented immigrants who came to the U.S. as children who are over the age of 31.
  2. Applicants can now apply even if they have not resided in the U.S. continuously since 2007.However, new applicants need to have continuously resided in the U.S. since January 1, 2010.

The newest iteration of DACA allows applicants three years of relief instead of two and will be avail- able in about 90 days from the President's announcement.

How to Sign Up for DACA

Many undocumented immigrants who would be eligible for DACA did not sign up for the program      previously for fear of outing their relatives who were not covered by Deferred Action.

Now parents of DACA recipients are to receive relief as well and it’s a good idea for those DACA hopefuls to look into applying for deferred action.

Call our office at 855-636-3889 for more information about the Deferred Action for Childhood Arrivals pro- gram and to even fill out the USCIS form for this kind of administrative relief, Form I-821D.

A Few Things You Need To Know

Because the circumstances of this executive action are so similar to those of the executive action that created DACA, it is DACA that offers the best guidance on what to expect. These are the things you should know before you submit your application when it becomes available.

Documents for your application

 The federal government will probably request documents that explain why you should be allowed to receive the benefits outlined in the executive order. These documents may have to do with your residence history, your travel history and status in the United States.

 Documents you might be able to use for this purpose include: 

  1. Birth Certificates
  2. Plane tickets 
  3. School records 
  4. Bank records 
  5. Tax records 
  6. Immigration and customs documents 
  7. Other documents that show that you were in the United States for the relevant period of time.

Translations

 The USCIS typically requires that documents submitted as evidence for immigration applications be in English these new applications will be no  different.

 If the documents that you need to submit with your application are not in English, you can have them translated in advance to be better prepared. Keep in mind that it’s important to keep translated documents as a group of documents, including:

 The original document, which is in a language other than English

  1. An Affidavit signed by the translator that says that they translated it to the best of their ability, and 
  2. The English translation of the document

     

Know your education or military history

Being able to show that you were educated in the United States will provide that you are involved  in

U.S. society and can be an asset if granted some sort of immigration status. Military records that show that you served in one of the U.S. armed forces also works in the same   way.

Some documents that you can use for this part include:

  • A certificate of completion from a U.S. high school
  • A diploma from a U.S. high school
  • A General Education Development Certificate
  • Transcripts
  • A  schedule that shows that you are currently in school
  • Honorable discharge documents from one of the U.S. armed forces or the U.S. Coast Guard

Prepare to pay

 The cost of the applications may fall between $500 and $1500 so it is incredibly important to save over the coming months.

 The application is likely to become available in six months and you will need to save enough for yourself and anyone else who you are helping to apply so that you can apply first.

 When the USCIS starts receiving applications, there’s a good chance that a backlog will form and if you are the first to apply, you can be sure to be one of the first to receive your   benefits.

 

Know your criminal history

You may be subjected to a background investigation to show that you haven’t been convicted of a felony, significant misdemeanor, more than one less significant misdemeanor, and that you don’t pose a threat  to U.S. national security or public  safety.

If you do have a criminal conviction, you should contact the Law Offices of Keith R. Campbell to discuss your rights and to protect your residency in the U.S.

Stay up to date with the news

New information is being revealed all the time about this new relief program and you want to be sure that you are among the first who apply. Stay up to date with the relief program and you won’t have to wait as long to receive immigration benefits.

Sign up for our Blog to receive the latest news on the President’s Executive Order and what is next or call the Law Offices of Keith R. Campbell at 855-636-3889 for more information.


Saturday, April 18, 2015

Will the President's Diplomacy with Cuba Effect Immigrants from Cuba?

The Cuban Adjustment Act of 1966 has allowed hundreds of thousands Cubans as well as their spouses and children to obtain permanent residence in America after settling in the country. However, many awaiting their green cards are now in fear that this act will be abolished as the U.S. and Cubans restore diplomatic relations.

While these concerns may be justified, experts believe that it's unlikely the Cuban Adjustment Act will go away anytime soon. Simply stated, there are an overwhelming amount of things that will need to be done before the Cuban Adjustment Act could be repealed. In order for this to happen the president and Congress need to work together in determining that Cuba has a democratically elected government – which is not likely to happen anytime soon.

There are two main paths that could lead to a nullification or repeal of the act and that would devastate Cubans awaiting green card approval:

  1. If a congressional action specifically repealed the law
  2. If the president submitted a determination to Congress that Cuba was being controlled by a democratically elected government

It is important to note that neither of these circumstances are likely. However, at some point in the future, there could be repercussions for Cubans living in the U.S. who are under deportation orders.

If you believe that the Cuban Adjustment Act can help you or a family member obtain legal status in the United States, or if you need more information about how you can obtain legal status in the U.S. contact one of our 3 offices in California, New York or New Jersey at 855-636-3889 to schedule an appointment with an experienced immigration attorney.





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