News

Citizens of Taiwan will get to participate in the visa waiver program after November 1, 2012

Homeland Security Secretary Janet Napolitano announced Taiwan will be added to the U.S. visa-waiver program Starting November 1, 2012.


California Govener Vetoes Pro-Immigrant Bill

http://www.huffingtonpost.com/2012/10/01/trust-act-veto-jerry-brown_n_1928444.html?utm_hp_ref=fb&src=sp&comm_ref=false#sb=2134308,b=facebook

 


October Visa Bulletin has Been Released – How long do you have to wait for residency?

EB2 India and China both become available in the October Visa Bulletin. The cut-off date for applicants from China will be July 15, 2007 and for those from India, September 15, 2004. DOS has indicated that heavy usage in the EB1 category by Indians has made fewer visas available to Indians in the EB2 category, which may explain the discrepancy in priority dates between the India and China categories.

Progress in the Employment Third (EB3) preference is expected to be slow but steady throughout FY2013 due to heavy usage in the EB1 and EB2 categories. Notably, however, there is no progress in priority dates in the EB3 China and Philippines categories for October.

See all the categories in this link:

http://travel.state.gov/visa/bulletin/bulletin_5770.html


Goodbye I-94 Arrival/Departure Record

On August 7, 2012, without much fanfare, the U.S. Customs & Border Protection (CBP) released a travel update informing foreign travelers that the I-94 Arrival Departure Card will officially be undergoing an automation process.

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Under Creative Commons License: Attribution Non-Commercial No Derivatives


USCIS to begin accepting Deferred Action (aka Dream Act) Applications tomorrow, August 15, 2012

U.S. Citizenship and Immigration Services (USCIS) announced new forms and instructions to allow individuals to request consideration of deferred action for childhood arrivals from USCIS. USCIS will begin accepting completed forms tomorrow , August 15, 2012. The forms and instructions can be found here:

http://www.uscis.gov/portal/site/uscis/template.PRINT/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=9296f6c546129310VgnVCM100000082ca60aRCRD&vgnextchannel=a2dd6d26d17df110VgnVCM1000004718190aRCRD


New Advice on Deferred Action for Childhood Arrivals

There is new more detailed advice from USCIS on children brought to the US as children that can now file for legal status.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=f2ef2f19470f7310VgnVCM100000082ca60aRCRD&vgnextchannel=f2ef2f19470f7310VgnVCM100000082ca60aRCRD&utm_source=Dream+Team+LA+News+Letter&utm_campaign=a287003038-Deferred_Action_email_6_18_2012&utm_medium=email#.UCgpVsDQ_os.link


Beware of a Scam Where Immigration Calls You

There is new scam potentially victimizing foreign nationals. According to one report, the individual will receive a call purporting to be from a USCIS officer, who will have certain correct information on you, including the your name and address. The caller will state that there is some discrepancy in USCIS records, and ask for confirmation of data, such as an I-94 number, an “A” number, or a visa control number. The caller will then tell you that there is a penalty for not clearing up the discrepancy, and that you are to send a sum of money via Western Union, to an address the caller provides. Be on alert that if you receive such calls, report them to appropriate law enforcement authorities, which may include the FBI, and to the Federal Trade Commission’s Bureau of Consumer Protection, whose Consumer Sentinel database is accessed by criminal and civil law enforcement authorities worldwide.


Supreme Court announces split decision on Arizona’s immigration law

Today the Supreme Court delivered a split decision on Arizona’s immigration law.  They upheld the most controversial “show me your papers” provision, but blocked implementation of other parts of the law.
For the full text of the Court’s decision see the attached PDF. supreme-court-decision-on-arizona-immigration-law


NEW DEFERRED ACTION UPDATE – POTENTIAL FRAUD WARNING – DON’T APPLY YET

The Administration is not yet accepting applications for the new deferred action program for young people without valid immigration status. Within sixty days – by the middle of August – we expect to receive guidance and information about how eligible individuals can request deferred action and work authorization.

If you are not in removal (deportation) proceedings, DO NOT apply for deferred action at this time. This new law may open the door for fraud and deception by so-called “Notarios.” Notarios have no legal background and cannot act as a qualified attorney. Anyone claiming they can submit an application or charging a fee for applying for deferred action should NOT be trusted until the application procedure has been announced by the federal government. An immigrant’s case can be delayed by notarios acting in bad faith, resulting in penalties and even deportation.

The deferred action offer will be available to those in deportation proceedings,  and those with final removal orders, as well as to those who apply who are not yet known to immigration. The latter is often referred to as filing “affirmatively”. Stay tuned for more updates.

To qualify, an individual must:

  • Be 15-30 years old, and have entered before age 16;
  • Have been present in the U.S. for 5 years as of June 15, 2012;
  • Have maintained continuous residence;
  • Have not been convicted of a felony, a significant misdemeanor or multiple minor misdemeanors;
  • Be currently in school, graduated or have a GED, or be an honorably discharged veteran.

For more information, visit www.uscis.gov and www.aila.org/dream. You can also visit www.ailalawyer.com to locate a qualified immigration attorney in your area or visit  http://www.aila.org/content/default.aspx?bc=1188|1220


Dream Act Lite?

The Department of Homeland Security announced a policy of “Deferred Action” for young people brought to this country as children.  For the details, see the Memo from Homeland Security Secretary Janet Napolitano:  Napolitano-memo-6-15-2012