¡Buenas noticias sobre la acción diferida! Abogado Nicolas Chávez de Chavez & Valko, en un esfuerzo colaborativo con otros abogados, presento un memorial legal de amicus curiae ("amigo de la corte") a la Corte en Crane en apoyo de DACA.
Dallas Immigration & Naturalization Law Blog
The USCIS announced today that on May 26, 2015, it will begin accepting applications for employment authorization documents (EAD) from certain H-4 spouses. This regulation amendment will apply to spouses of H-1B workers (1) whose I-140 immigrant petitions have been approved, or (2) who have had their H-1B status extended because their labor certifications (PERMs) or I-140 petitions have been pending for over 365 days, pursuant to American Competitiveness in the Twenty First Century Act (AC21). The filing fee for the I-765 form will be $380. The agency expects as high as 179,600 applications in the first year and 55,000 annually in subsequent years.
Our client came to the United States in 2001 on a B-2 visitor's visa. In 2005 he married a U.S. citizen and sponsored our client's permanent resident status. Four years later, the Immigration Service denied his application because they believed he married he committed marriage fraud (what immigration calls an INA §204(c) decision). Such a decision is generally treated as the "death penalty" by the Immigration Service and Immigration Judges for any future applications a person might file to seek resident status. As a result of the denial, our client was put into removal proceedings -- not because of the fraud the government thought he had committed, but solely because he had remained in the United States longer than he was authorized.
Last month, the Firm represented three individuals in removal proceedings. Each of the individuals had been longtime permanent residents (LPR) and each had been placed in removal proceedings based on criminal convictions that had occurred at least ten years ago. In each of the cases, the convictions were for offenses that most would view as serious to very serious. Because the immigration judge had the authority to deport them, the individuals all sought relief under INA §212(c) or INA §240A. In each case, the immigration judge was required to balance the positive factors of their lives against the negative aspects in deciding whether to allow these individuals to stay in our country. These factors can be found in an immigration case called Matter of Marin, 16 I&N Dec. 581 (BIA 1978).
On June 5, 2014, USCIS released a new form I-821D for the renewal of your authorized stay in the United States for the next two (2) years.
Each year the Department of State provides 50,000 immigrant visas ("green cards") for people from selected countries in its Diversity Visa Lottery program (DV-2015).
Update on DACA statistics through August 31, 2013 - the USCIS approved over 455,455 requests for Deferred Action, from 588,725 applications received. Of these, 350,056 citizens of Mexico, and 3,203 from Philippines closes out the bottom of the Top 10 countries receiving approvals. California is leading among the states with 161,624 and Texas with 93,277 applications submitted is at No. 2.
Beginning on September 9, 2013, all Applicants and Petitioners appearing at USCIS Filed Offices will undergo a biometric screening for fingerprints and photographs for security and verification purposes. The Customer Identification Verification (CIV) system was announce in May 2013, and goes into effect today. For example, when appearing at a "green card" or naturalization interview, both the Petitioner and Beneficiary will have to submit to the CIV check while your child or attorney would not.
According to the US Department of State, the August 2013 Visa Bulletin makes the family-based second preference category (F2A) current for all nationalities across the board. This means that all spouses and children under the age of 21 of U.S. lawful permanent residents who are beneficiaries of approved I-130 petitions may file for adjustment of status ("Green card") or for an immigrant visa in August 2013.
The Department of Homeland Security Secretary Janet Napolitano said that the Supreme Court ruling will allow U.S. citizens and Lawful Permanent Residents petition for their same-sex spouses who would be able to obtain their "green cards". It is estimated that 36,000 foreign nationals will benefit from this groundbreaking ruling.