Green Card Application for US Citizen Relatives

Petitioners must always be adults, 21 years of age or older. They may be either U.S. citizens (by birth or naturalization) or U.S. permanent residents (green card holders). The list of relatives for whom a permanent resident can file is not the same as the relatives for whom a U.S. citizen may file as sponsor or petitioner. Both U.S. citizens and green card holders may petition for their spouses, minor children, and unmarried sons and daughters (21 or older). However, as mentioned before, there are other differences between the relatives who may be beneficiaries of a case filed by a U.S. citizen, as opposed to those in a case filed by a green card holder. U.S. citizens may petition for their parents, married sons and daughters, as well as their siblings. (U.S. citizens can also file for fiancé/es, but because this is a temporary category, it is not included in the chart pertaining to permanent immigration benefits.) http://www.greencardfamily.com/news/news2012/news2012_0615.htm The question of how long a particular case will take can be a bit complicated. The United States sets strict annual limits on the number of individuals who may immigrate permanently each year. This is determined by the case category and country of chargeability. The date that the petition for a relative (Form I-130) is filed establishes the priority date. This, essentially, sets the family member's place in the queue. The waiting time in some categories is measured in years and, in some situations, is more than a decade. The situation for those cases categorized as immediate relatives, as explained below, is far more favorable. The U.S. Department of State (DOS) controls the annual legal limits on permanent immigration to the United States by the use of visa numbers, available in accordance with the legal limits. The availability of visa numbers by category is reflected in the monthly DOS visa bulletin. Some relatives of U.S. citizens are categorized as immediate relatives. These cases are not subject to visa number backlog, and are not reflected in the visa bulletin. These cases can move forward without waiting times for visa numbers. The paperwork needs to be processed by the U.S. Citizenship and Immigration Services and, in some cases, the DOS, through a U.S. consulate abroad. The waiting time for this paperwork processing is usually far less than the waiting time for visa number availability in family-preference cases. http://www.greencardapply.com http://www.greencardfamily.com

Q and A Deferred Action for Childhood Arrivals from USCIS

USCIS - Frequently Asked Questions About Deferred Action for Childhood Arrivals Q1: What is deferred action? A1:Deferred action is a discretionary determination to defer removal action of an individual as an act of prosecutorial discretion. Deferred action does not confer lawful status upon an individual. In addition, although an individual whose case is deferred will not be considered to be accruing unlawful presence in the United States during the period deferred action is in effect, deferred action does not excuse individuals of any previous or subsequent periods of unlawful presence. Under existing regulations, an individual whose case has been deferred is eligible to receive employment authorization for the period of deferred action, provided he or she can demonstrate “an economic necessity for employment.” DHS can terminate or renew deferred action at any time at the agency’s discretion. http://www.greencardfamily.com/news/news2012/news2012_1010.htm Q2: What is deferred action for childhood arrivals? A2: On June 15, 2012, the Secretary of Homeland Security announced that certain people who came to the United States as children and meet several key guidelines may request consideration of deferred action for a period of two years, subject to renewal, and would then be eligible for work authorization. Individuals who can demonstrate through verifiable documentation that they meet these guidelines will be considered for deferred action. Determinations will be made on a case-by-case basis under the guidelines set forth in the Secretary of Homeland Security’s memorandum. Q3: If my removal is deferred pursuant to the consideration of deferred action for childhood arrivals process, am I eligible for employment authorization? A3: Yes. Pursuant to existing regulations, if your case is deferred, you may obtain employment authorization from USCIS provided you can demonstrate an economic necessity for employment. Q4: Does this process apply to me if I am currently in removal proceedings, have a final removal order, or have a voluntary departure order? A4: This process is open to any individual who can demonstrate he or she meets the guidelines for consideration, including those who have never been in removal proceedings as well as those in removal proceedings, with a final order, or with a voluntary departure order (as long as they are not in immigration detention). If you are not in immigration detention and want to affirmatively request consideration of deferred action for childhood arrivals, you must submit your request to USCIS – not ICE – pursuant to the procedures outlined below. If you are currently in immigration detention and believe you meet the guidelines you should not request consideration of deferred action from USCIS but should identify yourself to your detention officer or contact the ICE Office of the Public Advocate through the Office’s hotline at 1-888-351-4024 (staffed 9 a.m. – 5 p.m., Monday – Friday) or by email at EROPublicAdvocate@ice.dhs.gov. Q5: Do I accrue unlawful presence if I have a pending request for consideration of deferred action for childhood arrivals? A5: You will continue to accrue unlawful presence while the request for consideration of deferred action for childhood arrivals is pending, unless you are under 18 years old at the time of the request. If you are under 18 years old at the time you submit your request but turn 18 while your request is pending with USCIS, you will not accrue unlawful presence while the request is pending. If your case is deferred, you will not accrue unlawful presence during the period of deferred action. Having action deferred on your case will not excuse previously accrued unlawful presence. Q6: If my case is deferred, am I in lawful status for the period of deferral? A6: No. Although action on your case has been deferred and you do not accrue unlawful presence during the period of deferred action, deferred action does not confer any lawful status. There is a significant difference between “unlawful presence” and “unlawful status.” Unlawful presence refers to a period an individual is present in the United States (1) without being admitted or paroled or (2) after the expiration of a period of stay authorized by the Department of Homeland Security (such as after the period of stay authorized by a visa has expired). Unlawful presence is relevant only with respect to determining whether the inadmissibility bars for unlawful presence, set forth in the Immigration and Nationality Act at Section 212(a)(9), apply to an individual if he or she departs the United States and subsequently seeks to re-enter. (These unlawful presence bars are commonly known as the 3- and 10-Year Bars.) The fact that you are not accruing unlawful presence does not change whether you are in lawful status while you remain in the United States. Because you lack lawful status at the time DHS defers action in your case, you remain subject to all legal restrictions and prohibitions on individuals in unlawful status. Q7: Does deferred action provide me with a path to permanent residence status or citizenship? A7: No. Deferred action is a form of prosecutorial discretion that does not confer lawful permanent resident status or a path to citizenship. Only the Congress, acting through its legislative authority, can confer these rights. Q8: If my case is deferred, will I be eligible for premium tax credits and reduced cost sharing through Affordable Insurance Exchanges starting in 2014? A8: No. The Departments of Health and Human Services and the Treasury intend to conform the relevant regulations to the extent necessary to exempt individuals with deferred action for childhood arrivals from eligibility for premium tax credits and reduced cost sharing. This is consistent with the policy under S. 3992, the Development, Relief, and Education for Alien Minors (DREAM) Act of 2010. Q9: Can I be considered for deferred action even if I do not meet the guidelines to be considered for deferred action for childhood arrivals? A9:This process is only for individuals who meet the specific guidelines announced by the Secretary of Homeland Security. Other individuals may, on a case-by-case basis, request deferred action from USCIS or ICE in certain circumstances, consistent with longstanding practice. Q10: Will the information I share in my request for consideration of deferred action for childhood arrivals be used for immigration enforcement purposes? A10: Information provided in this request is protected from disclosure to U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP) for the purpose of immigration enforcement proceedings unless the requestor meets the criteria for the issuance of a Notice To Appear or a referral to U.S. Immigration and Customs Enforcement under the criteria set forth in USCIS’s Notice to Appear guidance (www.uscis.gov/NTA). Individuals whose cases are deferred pursuant to the consideration of deferred action for childhood arrivals process will not be referred to ICE. The information may be shared with national security and law enforcement agencies, including ICE and CBP, for purposes other than removal, including for assistance in the consideration of deferred action for childhood arrivals request, to identify or prevent fraudulent claims, for national security purposes, or for the investigation or prosecution of a criminal offense. The above information sharing policy covers family members and guardians, in addition to the requestor. This policy, which may be modified, superseded, or rescinded at any time without notice, is not intended to, does not, and may not be relied upon to create any right or benefit, substantive or procedural, enforceable by law by any party in any administrative, civil, or criminal matter. Q11: If my case is referred to ICE for immigration enforcement purposes or if I receive an NTA, will information related to my family members and guardians also be referred to ICE for immigration enforcement purposes? A11: If your case is referred to ICE for purposes of immigration enforcement or you receive an NTA, information related to your family members or guardians that is contained in your request will not be referred to ICE for purposes of immigration enforcement against family members or guardians. However, that information may be shared with national security and law enforcement agencies, including ICE and CBP, for purposes other than removal, including for assistance in the consideration of the deferred action for childhood arrivals request, to identify or prevent fraudulent claims, for national security purposes, or for the investigation or prosecution of a criminal offense. This policy, which may be modified, superseded, or rescinded at any time without notice, is not intended to, does not, and may not be relied upon to create any right or benefit, substantive or procedural, enforceable at law by any party in any administrative, civil, or criminal matter. Q12: Does this Administration remain committed to comprehensive immigration reform? A12: Yes. The Administration has consistently pressed for passage of comprehensive immigration reform, including the DREAM Act, because the President believes these steps are critical to building a 21st century immigration system that meets our nation’s economic and security needs. Q13: Is passage of the DREAM Act still necessary in light of the new process? A13: Yes.The Secretary of Homeland Security’s June 15th memorandum allowing certain people to request consideration for deferred action is the most recent in a series of steps that DHS has taken to focus its enforcement resources on the removal of individuals who pose a danger to national security or a risk to public safety. Deferred action does not provide lawful status or a pathway to citizenship. As the President has stated, individuals who would qualify for the DREAM Act deserve certainty about their status. Only the Congress, acting through its legislative authority, can confer the certainty that comes with a pathway to permanent lawful status. Q14: Can I request consideration of deferred action for childhood arrivals under this process if I am currently in a nonimmigrant status (e.g. F-1, E-2, H-4) or have Temporary Protected Status (TPS)? A14: No. You can only request consideration of deferred action for childhood arrivals under this process if you currently have no immigration status and were not in any lawful status on June 15, 2012. http://www.greencardapply.com http://www.greencardfamily.com

Science, Technology, Engineering and Math (STEM) Jobs Act

This bill is about pass in the House day after tomorrow, Friday, but the President released an information that he opposes this bill. It is thus certain that once this bill goes to the Senate, it will go nowhere. The Obama administration on Wednesday announced its opposition to an immigration bill by Rep. Lamar Smith (R-Texas) that is designed to boost the number of visas for foreign-born graduates with advanced technical degrees from U.S. universities, saying it fails to fulfill the President's long-term goal of achieving comprehensive immigration reform. The House is slated to vote on Smith's bill, the STEM Jobs Act, on Friday. The bill is expected to win backing from GOP members and pass the House, but likely won't see action in the Senate. In its statement of administration policy, the Obama administration said it "strongly supports" legislation aimed at keeping talented foreign-born graduates with advanced degrees in science, technology, engineering and math (STEM) disciplines from American universities in the U.S. as part of its push for immigration reform. The administration also voiced support for creating a startup visa that would allow foreign-born entrepreneurs to launch new businesses in the U.S., but said it would not back piecemeal immigration bills that do not address the broken immigration system. "The administration is deeply committed to building a 21st-century immigration system that meets the nation's economic and security needs through common-sense, comprehensive immigration reform," the statement of administration policy reads. "However, the administration does not support narrowly tailored proposals that do not meet the President's long-term objectives with respect to comprehensive immigration reform." Smith's bill was voted on under suspension of the rules this fall but failed to secure the two-thirds support needed to clear the House. House Democrats, along with members of the Congressional Hispanic Caucus and Congressional Black Caucus, have sounded alarm over the bill's proposal to eliminate the diversity visa program, which allocates visas to people from countries with low rates of immigration to the U.S. via a random selection process. Immigrants from African nations have generally come to the U.S. through the diversity visa program. Trade associations that represent tech companies such as Microsoft, Intel and Google have backed the bill. Passing high-skilled immigration reform legislation has long been a top policy issue for the industry. President Obama has signaled that he plans to make a push for immigration reform next year and the administration's statement on Wednesday echoed that sentiment. http://www.greencardapply.com/news/news12/news12_1130.htm "The administration is encouraged that the Congress appears to be ready to begin serious debate on the need to fix our broken immigration system and looks forward to working with both Democrats and Republicans to enact a common-sense approach that includes reforms to the legal immigration system," the administration said. "Such an approach must provide for attracting and retaining highly skilled immigrants and uniting Americans with their family members more quickly, as well as other important priorities such as establishing a pathway for undocumented individuals to earn their citizenship, holding employers accountable for breaking the law, and continuing efforts to strengthen the nation's robust enforcement system." Republicans have also been talking about this hot-button domestic issue after Obama won strong support from Latinos in November's election. http://www.greencardapply.com http://www.greencardfamily.com

Outstanding Professors and Researchers Green Card Application

The EB1-OR category was created for Outstanding Professors and Researchers in order to speed up the process for outstanding professors and researchers to become permanent residents. One of the requirements for EB1-OR is that the alien beneficiary receives a permanent job offer from the sponsoring employer. The USCIS has clarified the definition of “permanent employment” when considering EB1-OR petitions. According to current definitions, “permanent” is defined as “either tenured, tenure-track, or for an indefinite or unlimited duration, and in which the employee will ordinarily have an expectation of continued employment unless there is good cause for termination.” A major concern for many has been research positions that are based on grant money received yearly. This usually means that the researchers are employed on one-year contracts. The USCIS says that if the employer petitioning for the alien shows the intention to continue to get funding and gives a reasonable expectation that funding will continue, then the employment may be considered “permanent.” The USCIS has asked adjudicators to take into consideration the circumstance of the job and its benefits. If a research position has a term limit of one year, but evidence is provided that the job will be continued beyond that one year, then it can be considered a permanent job. This is good news for many petitioners who employee researchers or are researchers. In the past, researchers may have been reluctant to file an EB1-OR petition since the job was not permanent, but was instead determined by funding on a yearly basis. http://www.greencardapply.com/news/news12/news12_0805.htm Now, instead of having to file through a process such as EB2 National Interest Waiver (NIW), employers wishing to employee researchers may be able to file through EB1-OR, which in some cases has a shorter wait time than the NIW. This means that the employee can start working for his/her employer sooner. http://www.greencardapply.com http://www.greencardfamily.com

Travel Outside of the United States for F1 Students and J1 Exchange Visitors

U.S. Customs and Border Protection has created a helpful guide for students and exchange visitors who intend to travel outside of the United States. The arrival procedures outlined in this guide, which can be found on the CBP WebSite, can help minimize waiting times at the U.S. ports of entry (POEs), and reduce the need for the issuance of the Notice to Student or Exchange Visitor (I-515A). The I-515A is issued to students and exchange visitors attempting to enter the United States in F-1, M-1, and J-1 statuses when they forget the necessary travel paperwork or travel with unsigned or outdated travel documents. The form allows for lawful admission to the United States for a period of 30 days, during which time students must remit appropriate documentation. The failure to timely submit the required documentation may result in termination of the related Student and Exchange Visitor Information System (SEVIS) records. According to the CBP, careful planning by students and exchange visitors can ensure that delays at the POE are minimal and reduce the need for issuance of the I-515A. It therefore would be better for everyone involved - the student / exchange visitor, the school, and the U.S. government - for F-1, M-1, and J-1 foreign nationals to travel with appropriate documents, as described below. In addition, the CBP suggests that students in F-1, M-1, and J-1 status carry evidence of their student or exchange visitor status, such as recent tuition receipts, transcripts, and acceptance letters, as well as the name and contact information of the Designated School Official (DSO) or Responsible Officer (RO). It is also advisable that students and exchange visitors prepare their own affidavits, verifying the status of their travel documents. http://www.greencardapply.com/news/news12/news12_0909.htm Although these requirements are not new, many routinely forget to obtain proper documentation that would allow them to travel safely to the United States. While these individuals are fortunate that the I-515A procedure is in place, so that they may gain temporary admission to the United States, it would be best to avoid this process altogether. Those who are subject to these requirements should plan well in advance of travel to obtain proper documentation. In case of emergency, the documentation should be requested immediately all efforts should be made to have this in hand when seeking to reenter the United States. http://www.greencardapply.com http://www.greencardfamily.com

Requirement of “Permanent Employment” For EB1-OR Petitions

The "Good Cause for Termination" and the Requirement of “Permanent Employment” For EB1-OR Petitions The “good cause for termination” clause has been an important issue when adjudicating EB1-OR petitions. This clause is to be included in employment offers to ensure that the job is not “at will” employment. “At will” employment means that the employer can terminate an employee at any time with any or no cause at all. This clause was included to prevent this from happening and making sure employment was only terminated if there was a good cause for it. Some employers have not been including a “good cause for termination” clause in the employment offers, as it raises legal and business issues for them and may be impractical for them. Some adjudicators of EB1-OR petitions for researchers have determined the outcome of the petition simply on the basis if the employment offer included this clause. According to the USCIS’ memo, EB1-OR petitions should not be denied simply because the offer of employment is lacking a “good cause for termination” clause. However, it must be indicated that the employment offer is indefinite or unlimited in duration and that the employee will have an “expectation of continued employment.” http://www.greencardapply.com/news/news12/news12_0825.htm This may be beneficial to many of petitioners because petitions will not automatically be denied because this clause is missing, as long as the employment offer has an “expectation of continued employment.” Also, employers may be more willing to apply through EB1-OR if the “good cause for termination clause” does not have to be present. Applying through the EB1-OR petition may allow employees begin working sooner than applying through a different process, such as NIW. Furthermore, for tenured or tenure-track positions, a “good cause for termination” clause is not mandatory and petitions should not be denied on the lack of one. The adjudicators of the petition should evaluate the petition by determining the nature of the position – if it is tenured or tenure track position. Those positions in which the employee does not have expectation of long-term employment, such as temporary or adjunct positions and limited duration fellowships will not be considered tenured or tenured-track positions by the USCIS. http://www.greencardapply.com http://www.greencardfamily.com