Possible Increase in Immigration Fees by USCIS and Foreign Passport Problems under the Visa Waiver Program

On May 4, 2016  USCIS (U.S. Citizenship and Immigration Service) published a notice to raise most of the government immigration filing fees by more than $100. There is a 60 day public comment period for anyone from the public to comment on the proposed increase in fees. It is very possible that the fees could increase sometime after the summer. Those of you planning to file immigration paper work may want to think about filing as soon as you can to avoid the possible increase.

In regard to the VWP (Visa Waiver Program) there is a new requirement that you must travel with your country's new e-passport. The new e-passport is a new Electronic Passport with an electronic chip in it. Generally any person coming to the U.S. to visit with an older passport will not be allowed to enter the United States with just their foreign passport. Summer is here and I have already talked to some people affected by this problem. If you are planning a visit to the U.S., please make sure that you have your country's latest electronic passport. If you currently have an older passport now is the time to have it renewed in your country. As a reminder the VWP Countries currently are Australia, Iceland, Portugal, Austria, Ireland, San Marino, Belgium, Italy, Singapore, Brunei, Japan, Slovakia, Chile, Latvia, Slovenia, Czech Republic, Liechtenstein, South Korea, Denmark, Lithuania, Spain, Estonia, Luxembourg, Sweden, Finland, Malta, Switzerland, France, Monaco, Taiwan (Considered as separate country for the VWP), Germany, Netherlands, United Kingdom (must have unrestricted right of permanent abode in England, Scotland, Wales, Northern Ireland, the Channel Islands, and the Isle of Man), Greece, New Zealand. Please also keep in mind that generally even if you have a passport from a Visa Waiver Country, you may not enter the U.S. with just your foreign passport (there are some exceptions) if you have traveled to or been present in Iran, Iraq, Sudan, or Syria on or after March 1, 2011. Also, please keep in mind if you also have a current passport from Iran, Iraq, Sudan, or Syria in addition to your Visa Waiver Country Passport, you may not enter the U.S. with just your foreign passport (there are some exceptions). Those of you that do not qualify to enter the U.S. under the Visa Waiver Program will have to apply for a Visa with the U.S. Embassy or Consulate near you and have the Visa Application approved and the U.S. Visa issued to you before you can enter the United States

Lastly, as always when planning on coming to the U.S. it is always best to be prepared well in advance to avoid delays or rejection of your application. Contact a licensed Immigration attorney to get help if you have questions or your situation is unclear so you can travel free from worry.

 
Please contact a licensed Immigration attorney before you act on your specific situation. Immigration Laws and Federal Regulations are constantly changing and the general information provided can change over time.

The Dream Act, President’s Obama’s Executive Orders for DACA (Deferred Action for Childhood Arrivals), Expanded DACA and DAPA(Deferred Action for Parents of Americans) – What you need to understand!!!

DACA, Expanded DACA & DAPA are not related to the Dream Act. The latest version of the Dream Act was introduced in the U.S. Congress in May of 2011 but failed to get through the Congress as a law (THERE IS NO DREAM ACT!!!). The Dream Act would have provided a path to a green card for many people who came here illegally as children. As a result of the failure of the Dream Act, President Obama issued an Executive Order creating DACA in 2012 in attempt to help people who entered the U.S. illegally as children. Again in November of 2014 President Obama issued another Executive Order Expanding DACA and creating DAPA. Please be aware that DACA, Expanded DACA & DAPA will not lead to getting a Green Card (NO GREEN CARD!!!).

Let's look at what an Executive Order is. The President has the authority under the U.S. Constitution to execute the laws of the United States. He does not make the laws but is responsible for carrying the laws out. The President executes the laws with the help of his Executive Branch that he has selected (Attorney General of the United States, the Secretary of Department of Homeland Security). The President can decide how and where to use the limited resources that the government has. Therefore the President has directed officials not to deport people who arrived here illegally as children under certain conditions and to use the resources of the government to deport illegal aliens who are more dangerous (criminals such thieves and murderers for example) to the security of the U.S.

A President's Executive Order can be challenged in Federal Court. In February 2015 a U.S. District Court enjoined (ordered the government to stop) the Executive Order for Expanded DACA & DAPA. Until this is decided in Federal Court there is currently no Expanded DACE or DAPA. As a result only DACA (Deferred Action for Childhood Arrivals) can currently have applications received and approved if the application meets the requirements.

DACA (Deferred Action for Childhood Arrivals) is currently available if the person meet very specific criteria. The criteria is that the person came here before a certain date, came here at a specific age, have been here a certain amount of years as well as certain educational requirements. The person had to have entered the U.S. and as a child (under a certain age) you may qualify for a Work Card so that you can legally work in the U.S. without getting deported.

Expanded DACA, generally, would remove the requirement that you entered the U.S. at a certain age as of a certain date (basically this is to limit the amount of people who can apply by not going back too many years). Please remember that this is NOT currently available.

DAPA (Deferred Action for Parents of Americans), generally, would allow people who entered the U.S. illegally who are Parents of American Citizens or Green Card Holders to stay in the U.S., qualify for a Work Card so that you can legally work in the U.S. without getting deported. Please remember that this is NOT currently available.

If you are affected by this you should think carefully before you apply and speak with a Immigration Attorney before submitting any paperwork. You should clearly understand the process and what you are getting and what you are not getting by applying. There will be a fee and the application is currently available.

Please contact a licensed Immigration attorney before you act on your specific situation. Immigration Laws and Federal Regulations are constantly changing and the general information provided can change over time.

Think Carefully before Applying for a Temporary U.S. Visa or Renewing a Temporary U.S. Visa and Marrying a U.S. Citizen

Most Non-Immigrant Visas (Temporary) is that the person applying for one has no intention staying in the U.S. and the person plans to return to their country when that person has completed their visit. U.S. Immigration (USCIS), Embassies and Customs all look for anything in your paper work that show that you may not leave the U.S. and return to your home country.

 

Things in your paper work that may show you may not leave the U.S. after your visit  are things like your age, how much money or property you have in your home country and family in your home country. If you have a wife or children living in the U.S. that would usually be enough proof for U.S. Immigration to deny your Temporary Visa Paper work.

 

You need to be aware of your current Visa Status (when it expires & when to get a new Visa) and how marrying a U.S. Citizen or a Green Card Holder will affect your Temporary Visa at the time of your marriage and in the future.

 

Please contact a licensed Immigration attorney before you act on your specific situation. Immigration Laws and Federal Regulations are constantly changing and the general information provided can change over time.

You already have a Green Card or You are applying for a Visa or already have a Visa and you going back to your home country. You were arrested for a crime while a in the U.S. and did not get deported & you think everything is fine……………..THINK AGAIN!

If you are here on a Visa or have a Green Card, any time you are arrested for any crime you should get copies of everything (court records, police reports, etc.). Take the documents to an Immigration Attorney as soon as possible to know if you can fix the problem and how. Any time you travel you should have copies of these documents with you.

In regard to your new Visa, depending on the type you may have different way of applying for a new one. In many cases there are 2 steps. The 1^st step is that the Employer (if this a Work Visa) submits a petition for you. After the petition is approved, you submit an Application for a Visa. However, very often, once you leave the country you cannot be admitted because of your crime and the U.S. Government usually does not tell you that when the Employer’s Petition is approved.

You can try to fix the problem while you are in your home country but it is much more difficult if not impossible in many cases. There are ways to address the problem but it is quite difficult and time consuming. It is better, faster and easier in many cases to have the problem fixed while you are here in the U.S. In conclusion, when faced with a crime don’t wait to the last minute and be caught unprepared to address the problem.

Please contact a licensed Immigration attorney before you act on your specific situation. Immigration Laws and Federal Regulations are constantly changing and the general information provided can change over time.

You want to marry a U.S. Citizen (or Green Card Holder) and Get a Green Card but your spouse does not make enough money – Learn how to fix the problem.

The U.S. Immigration Laws state that a U.S. Citizen (or an Green Card holder) marrying a person from another country must be able to support their spouse. Your U.S. Citizen Spouse (or Green Card Holder Spouse) must make 125% more than what the U.S. Poverty Guidelines say for the year in question. The more people in the family (minor children or others claimed on their taxes) the higher the amount the U.S. Citizen Spouse (or Green Card Holder Spouse) will have to make.

If the U.S. Citizen Spouse (or Green Card Holder Spouse) does not make enough money they can have any other U.S. Citizen or Green Card Holder apply with Your U.S. Citizen Spouse (or Green Card Holder Spouse). These other people can be friends, immediate family or other relatives and they will have to be making enough money to support you as well as their own family within the poverty guidelines. They will need to supply information about their taxes and sign paper work saying they will be financially responsible for you for a certain period of time under certain conditions.

Please contact a licensed Immigration attorney before you act on your specific situation. Immigration Laws and Federal Regulations are constantly changing and the general information provided can change over time.

Your Child’s age & U.S. Citizenship or Step-Child’s age & filing a Visa Petition can cause difficult problems. Timing is everything!!!

Whether a child is under or over 18 years of age is often a key factor for your child in gaining U.S. Citizenship or your step child having a family visa petition approved for the green card process.

If USCIS considers the child less than 18 years of age when a parent naturalizes as a U.S. Citizen or a step parent submits a family petition so the child can get a green card, then your application/petition will be successful.  However, if USCIS considers the child over 18 your application/petition will be denied.

We may think these are a very simple situations with no problems but it can be very complicated and difficult to fix. This is especially true when the child is in another part of the world where the time zone and date are different from the time zone and date in the United States.

Generally under the law, courts will not consider differences in the times zones or fractions of a day. The only time a court will consider this question is when it affects an important right. Petitions to get a green card and being considered a U.S. Citizen may be considered important rights. However it depends on what part of the U.S. you are in and what U.S. Court of Appeals is in that area.

The reason for this problem is that the wording of the immigration laws in the above situations is unclear. If you and your child are in one of these situations it is possible to get a denial of your petition or application fixed. An Immigration Attorney should be able to help you with this.

Please contact a licensed Immigration attorney before you act on your specific situation. Immigration Laws and Federal Regulations are constantly changing and the general information provided can change over time.

Domestic Violence Convictions and Expunging or Vacating a Conviction often will not protect you from keeping your Green Card or Getting removed or deported from the U.S.

Domestic Violence is specifically noted in the Immigration Laws and Regulation for severe treatment. However depending on your case and what is stated in your conviction there may be ways to prevent you from losing your green card and being removed or deported from the U.S.

It is very important to get certified copies of your court record and arrest report if you have been accused of any crime. A State Court Conviction can affect your green card and your right to remain in the United States. Immigration Laws focus on the actual action (wording of the law) that you are accused of as well as the wording of your conviction record. Having a conviction vacated or expunged will often not help you avoid deportation or removal from the U.S.

If you are in court proceedings now you should have a criminal attorney and should have your criminal attorney work with an immigration attorney to decide the best way to handle your case.

Please contact a licensed Immigration attorney before you act on your specific situation. Immigration Laws and Federal Regulations are constantly changing and the general information provided can change over time.