Visa Lawyer Blog

Articles Posted in Policy

by

5486338003_22baa78f1b_z

The Law Offices of Jacob J. Sapochnick bring you the most recent developments in immigration policy at the judiciary level. We express our concern at the hesitation the federal judicial system and our federal legislative system has shown in their reluctance to address the issue of comprehensive immigration reform. Recently, two appeals have come before the Supreme Court from the towns of Hazelton in Pennsylvania and Farmers Branch in Texas. These appeals are important because they signal a conflict that has arisen time and time again between state and federal judiciaries regarding immigration policy. Such conflict can only be rectified by calling upon the national government to take a firm stance in clearly delineating immigration law, ultimately setting a precedent for state judiciaries to follow.

Fortunately, the federal government has begun to feel the pressure from the people in hearing such appeals. These appeals clearly bring the issue of comprehensive immigration reform to the forefront specifically in the cases of City of Hazelton v. Lozano (13-531) and City of Farmers Branch V. Villas at Parkside Partners (13-516).

City of Hazelton v. Lozano and City of Farmers Branch v. Villas at Parkside Partners

Continue reading

by

Beginning September of 2012, USCIS began granting what is known as deferred action to children who arrived to the United States before reaching the age of 16, having met other various requirements. Eligible deferred action applicants received an employment authorization good for a period of up to two years from USCIS. Applicants who applied for deferred action early on are now facing the expiration of their initial two year employment authorization granted to them by USCIS. Due to this, a DACA renewal process is currently underway, giving qualified applicants the opportunity to request and extend their deferred action, in order to avoid unlawful presence in the United States and be able to continue their employment. Details regarding the renewal process will be released in late May 2014, at which time USCIS anticipates that Form I-821D will be used for the dual purpose of initiating DACA petitions and renewal requests. All DACA applicants who wish to file a renewal request must wait until USCIS releases the new form designated for that purpose. Applicants that wish to file an initial deferred action request and not a renewal, can continue to file using the form currently available.

by

Recently, the Federal Register published two new exemptions to the Immigration and Nationality Act on Wednesday by the Departments of Homeland Security and State mean that who provided “insignificant” or “limited” material support for terror groups will no longer be automatically denied eligibility from asylum or refugee status.

An unknown number of people currently in the process of being deported, as well as about 3,000 people with pending asylum cases will be affected by this rules change. It will likely help Syrian refugees who would otherwise be blocked from receiving U.S. aid by the existing rules.
The new exemptions apply to “limited material support.” A DHS spokeswoman reported that the term is defined as “material support that was insignificant in amount or provided incidentally in the course of everyday social, commercial, family or humanitarian interactions, or under significant pressure.”
Continue reading

by
Reactions to the release of the House GOP leadership’s principles for immigration reform  tended more toward cautious praise for releasing something as a starting point, but with serious doubts about the shortcomings of the actual policy proposals. Because these principles are guidelines—without specific  detail—“cautious optimism” is probably the healthiest approach to take in understanding what the document means for reform. Summarizing what the document says doesn’t take long; understanding its nuances, particularly its omissions and departures from the past, requires a bit more digging. In reality, this new document should not be read as an unwavering set of principles, but rather  as a list of expectations and strategic choices. The first half, dealing with enforcement contains no real surprises, but the second half is full of them.

There is much rhetoric about the necessity of securing our borders and creating a zero-tolerance policy for people who violate our laws in the future. These standards endorse the use of an electronic work site verification program and the full implementation of an entry/exit registration program for tracking arrivals and departures to and from the U.S. They emphasize the necessity of enforcement of laws first, before turning to any more positive reforms. Ultimately, the enforcement section of the document merely repeats the idea that we must be able to measure enforcement successes and thwart efforts to get around the law.

The second half of the GOP stance is far more interesting, as it emphasizes rewarding hard work and merit, and puts a premium on outcomes. The authors declare that the legal immigration system needs to be reformed to avoid an over reliance on family ties or luck; instead, they prioritize rewarding foreign students who can contribute to the economy and meeting the needs of employers. Similarly, temporary work programs, particularly in agriculture, have to provide realistic and predictable means of entry to the U.S., without harming the interests of native-born workers. It is striking how the emphasis on finding a way to use the immigration system to improve the economy is an acknowledgment of the importance of immigration that has been lacking in the past.

Continue reading

by

On November 15, 2013, a new policy was issued to allow undocumented spouses, children, and parents of active duty and former members of the U.S. armed forces, the selected reserve of the ready reserve, to enter or continue staying in the U.S. after approval of parole request.

The purpose of the new policy is to relief the stress and anxiety of active members of the U.S. armed forces and individuals serving in the selected reserve of the ready reserve and veterans because of the immigration status of their family members in the U.S.

The first issue addressed in the Policy Memorandum (PM) is whether parole in place should be granted to certain family members of active duty members of the U.S. military troops and veterans. The answer is yes. However, counsel needs to point out here that although immediate relatives of active military troops and veterans are allowed to make parole request, the decision whether to grant parole is discretionary. The fact that the individual is a spouse, child or parent of an Active Duty member of the U.S. Armed Forces, an individual in the Selected Reserve of the Ready Reserve or an individual who previously served in the U.S. Armed Forces or the Selected Reserve of the Ready Reserve, weighs heavily in favor of parole in place. Criminal records or other serious adverse factors will also be part of the discretion for such an individual.

The other issue addressed in the PM is what the effects of parole are. The new policy will allow those undocumented family members to qualify for green cards through adjustment of status. Normally, to do adjustment of status, the person needs to be legally admitted in the first place. The new policy overcomes this requirement for those immediate family members of the U.S. military troops and veterans who entered without inspection and do not possess legal status. The alien must still satisfy all other requirements of a change of status though.

Once parole is granted, the undocumented alien is eligible to apply for an employment authorization document or EAD, which would allow them to work and pay taxes and to travel abroad for legitimate business or personal reasons, and then after reentering the U.S. to be essentially cleansed of such prior immigration violations as entry without inspection or failure to depart when required.

Continue reading

by

On this Memorial Day in the U.S. we are full of gratitude. Thinking about all those who have served or are currently serving, and all those who have lost their lives in service.

We are also thinking about the individuals and families who have been affected by their loved ones’ service; those who have had to cope on the home front, and those who have lost their parent, spouse, partner, child, family member or friend.

Please take a moment to reflect on the meaning of this holiday, and the grave sacrifices that others have made. Wishing you all a relaxing Memorial Day.

Continue reading

by

With the start of 2013, U.S. Citizenship and Immigration Services (USCIS) have already promulgated several important updates including the release of the final rule on the Provisional Unlawful Presence Waivers and the publication of the first volume of its comprehensive online policy manual.

To ensure consistency and transparency of the adjudication process, in the past 4 years USCIS has undertook a comprehensive agency-wide policy review of more than 10,000 of written memoranda.

As a result of this extensive and ongoing review, USCIS has created the USCIS Policy Manual, which is the agency’s centralized online repository for USCIS’s immigration policies. The USCIS Policy Manual will ultimately replace the Adjudicator’s Field Manual (AFM), the USCIS Immigration Policy Memoranda site, and other policy repositories. The manual is structured to house several volumes pertaining to different areas of immigration benefits administered by the agency such as citizenship and naturalization, adjustment of status, admissibility, protection and parole, nonimmigrants, refugees, asylees, immigrants, waivers, and travel and employment.

Continue reading