3/7/2013
AP: Senators Look to Early April for : The Associated Press has reported that the bipartisan “Gang of Eight” might present their immigration reform bill after Congress returns from recess in early April.
update 5/9/2013:
In order to give a current overview over the immigration reform debate and its elements most hotly debated, AILA and AIC have compiled a list of all 300 amendments to the current Senate Bil which you can find here.
With the looming deadline before the automatic spending cuts take effect, the American Immigration Lawyers Association (AILA) has issued the following practice alert:
What will be the impact on visa processing at U.S. consular posts if, as seems likely, the automatic spending cutback (“sequestration”) takes place March 1, 2013, at 11:59 EST?
While the exact impact is unknown, it can be fairly said that sequestration will result in diminished consular services, including visa adjudications. The Department of State has already warned that the number of officers processing visa applications will be reduced. When asked about the impact of sequestration on the visa application process on Wednesday, February 27, 2013, Press Briefing, the Department of State expressed the concern that “we could have major setbacks in really the herculean effort we’ve made to reduce wait times.” And that “one of the areas that there’ll be an impact on, obviously, is our ability provide consular services. And so we’re concerned about that and it took a lot of effort to get us to reduce those wait times, and a lot of new hiring, a lot of new staff.”
On Thursday, the Department added “Sequestration threatens all of our operations because it cuts across the board. And so the point being we’ve had a huge consular surge, it’s been good for the American economy. We estimate that for every 65 visitors to the U.S., that creates one American job. And obviously sequestration has a broader impact on our ability at all of our operations and our posts. And so one of the areas that we’ve particularly had a surge in hiring is on visa adjudicators, and sequestration certainly could have an impact in that regard.”
If the sequester does indeed take effect tonight, we recommend that members alert their clients to the very real possibility of delays in the visa application process. Watch InfoNet for further updates.
AILA InfoNet Doc. No. 13030141 (posted Mar. 1, 2013)
The Supreme Court found that Padilla v. Kentucky, in which the Supreme Court held that counsel must inform noncitizen clients whether a plea carries a risk of deportation, does not apply retroactively.
On October 4, 2012, the Florida Supreme Court clarified that even certain non-immigrants who own property in the State of Florida and whose families live permanently on this property may qualify for ad valorem tax relief (so-called homestead exemption). The Florida Supreme Court held that “the plain language of article VII, section 6(a), [of the Florida Constitution] permits every owner of Florida real property to apply for and receive ad valorem tax relief where it is sufficiently demonstrated that the owner has maintained on that property the permanent residence of another legally or naturally dependent on the owner.”
With this decision, the Florida Supreme Court also held a Florida statute partially unconstitutional which required the property owner himself to establish his legal ability to permanently reside on his property in order to qualify for the homestead exemption.
In the case at hand, Honduran husband and wife E-2 visa holders who owned a residence on Key Biscayne and lived there with their three US citizen children had applied for homestead exemption based on the fact that their children were residing with their parents in this residence. The Miami-Dade Property Appraiser had denied the taxpayers’ application for homestead exemption with the reasoning that the taxpayers themselves had failed to prove that their were legally able to live on the property permanently, since E-2 visas are non-immigrant visas. That decision had been overturned by the Miami-Dade Value Adjustment Board, and the Circuit Court as well as the District Court of Appeal later affirmed that the the taxpayers were indeed entitled to homestead exemption based on the evidence of their children’s permanent residence in this home. The Florida Supreme Court has now finally affirmed this decision. Please see the text of the full decision here.
This case is not limited to E-2 visa holders; in fact it really has nothing to do with the immigration or visa status of the homeowner so long as a legal dependent lives on the property who has the legal ability to make it his or her permanent home. Therefore, children who hold legal permanent residence or US citizenship can thus qualify their parents’ homes in Florida for homestead exemption.
DHS will formally announce this morning that it will offer deferred action to DREAMers. Preliminary information indicates that eligible applicants 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 one serious crime or multiple minor crimes Be currently in school, graduated or have a GED, or is an honorably discharged veteran. The deferred action offer will be available to those in proceedings, as well as to those who apply affirmatively. The White House is expected to make a formal announcement this afternoon at 1:15pm ET. AILA will provide further details today.
AILA InfoNet Doc. No. 12061560 (posted Jun. 15, 2012)
Please read the formal announcement by Secretary Napolitano here: http://www.dhs.gov/ynews/releases/20120612-napolitano-announces-deferred-action-process-for-young-people.shtm
USCIS announces that the annual limit for H-1B filings was reached as of 6/11/12. Any cap-subject applications received after that date will be rejected.
AILA Infonet Doc. No. 12061242 (posted June 12, 2012).
Cap-Subject H-1B Filing Pace Accelerates
As any AILA member who files H-1Bs can tell you, the pace of filing cap-subject petitions increases as USCIS closes in on reaching the cap. The week of May 7, it was receiving an average of 840 per day . The next week it was 1060, the next week 1280, and the week of May 28 it was 1800 per day.
As of June 1, USCIS reported that 55,600 non-advanced degree cap-subject filings had been received. So, if the most recent week’s “burn rate” continued, USCIS would reach 65,000 by early next week.
However, it is not that simple. Each year, USCIS accepts more than the 65,000 before it starts rejecting petitions, since it must account for a certain percentage of withdrawals and denials. However, the agency has stopped publishing what that number (previously known as the target number) is, so the actual number it will receive before the gate comes down is unknown.
AILA InfoNet Doc. No. 12060551 (posted Jun. 5, 2012)
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USCIS updated its count of FY2013 cap-subject H-1B petitions & advanced degree cap-exempt petitions receipted. As of 5/18/12, nearly 42,000 H-1B cap-subject petitions were receipted. Additionally, USCIS has receipted 16,000 H-1B petitions for aliens with advanced degrees.
AILA Infonet Doc. No. 12040939 (posted May 18, 2012)
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USCIS updated its count of FY2013 cap-subject H-1B petitions & advanced degree cap-exempt petitions receipted. As of 4/20/12, nearly 25,000 H-1B cap-subject petitions were receipted. Additionally, USCIS has receipted 10,900 H-1B petitions for aliens with advanced degrees.
AILA Infonet Doc. No. 12040939 (posted April 24, 2012)
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As of April 13, 2012, approximately 20,600 H-1B cap-subject petitions were receipted. Additionally, USCIS has receipted 9,700 H-1B petitions for aliens with advanced degrees.
AILA InfoNet Doc. No. 12040939 (posted Apr. 19, 2012)
AILA Liaison learned at a CSC/VSC stakeholder engagement on 4/5/2012 that USCIS has received 22,323 cap-subject H-1B petitions as of 4/4/2012. Approximately 25% of the cases are for U.S. advanced degrees.
AILA InfoNet Doc. No. 12040553 (posted Apr. 5, 2012)
Now more than ever, if you are a legal permanent resident (LPR) of the United States and qualify for US citizenship, you should become a US citizen.
The aftermath of the 11th of September, 2001, has created much uncertainty regarding immigration law. Congress is regularly passing harsh, new immigration laws. You can protect yourself from this uncertainty by becoming a US citizen.
To be eligible to apply for US citizenship, you must demonstrate to the US government that:
– you have been an LPR for at least five (5) years (3 years if you are married to a US citizen);
– you have been physically present for thirty (30) of sixty (60) months (18 of 36 months if married to a US citizen);
– you are a person of good moral character;
– you have not been convicted of an aggravated felony or other serious crime;
– can read, write and speak the English language; and
– you can pass a US history and civics exam.
The important advantages of being a US citizen are: a.) there is not time limit a US citizen may reside outside of the United States, unlike an LPR who must not live outside of the US for more than six (6) months in a calendar year; b.) if you are convicted of a crime after becoming a United States citizen, you cannot be deported after serving your sentence; while if you are a legal permanent resident, you may be subject to deportation; c.) tax considerations may be more favorable for US citizens, especially relating to inheritance; d.) you can apply for and work in jobs that require high security clearance that are not normally offered to LPRs; e.) easier processing at US airports after returning from a trip as US citizens generally do not have the same level of scrutiny and inquiry applied to them; and f.) the comfort and security that US citizens do not have to worry about what new laws the government may pass affecting non-citizens.
The attorneys at Pauly P.A. have over fifteen (15) years in immigration law and US citizenship applications. We can prepare the application, file it and attend the interview with you. If you are not sure whether you qualify to become a US citizen, call us to schedule a consultation.
Nonimmigrant visas are temporary visas which are issued up to 7 years. Some of those nonimmigrant visas allow the visa holder to live and work in the US within the specific conditions of the visa. Among the most commonly used nonimmigrant visas are the B, E, F or J, H, I, L, O, P, R, and TN visas. Those visas allow tourists (B), investors or traders (E), students and trainees (F, J, or H-3), professionals with college degrees (H-1B), journalists (I), international managers or specialized workers of multinational companies (L), outstanding artists, researchers, or professionals (O), athletes or entertainers (P), religious workers (R), and professionals from Mexico and Canada (TN) to temporarily travel and stay up to a specific time in the US. Except for the B visas those visas also allow temporary employment in the US.
Immigrant visas allow the holder to enter the US to obtain lawful permanent residence, commonly called the Green Card. For most immigrants, lawful permanent residence status can be obtained through one of three ways: (1) through a close family relationship with a US citizen or Lawful Permanent Resident, (2) through an offer of employment in the US, a $1 million dollar investment and creation of employment in the US, or due to international acclaim and recognition in a field of work, or (3) through the Diversity Visa Program, the so-called Visa-Lottery.
Immigration through a close family relationship may take many years depending on the type of family relationship and whether the relative is a US citizen or lawful permanent resident. Only immigrants who are married to a US citizen can quickly obtain the Green Card.
Immigration through employment may also take many years, since the employer will almost always first have to get permission from the US Department of Labor to employ a foreigner (so-called Labor Certification). Therefore, US employers often first obtain a nonimmigrant work visa for the foreigner, so that he or she can begin the employment in the US while the Green Card process is begun.
Immigration through the Visa Lottery is possible if the foreigner is among the annual “winners,” and either has a high school diploma or has at least 2 years of work experience in a profession which requires at least 2 years of formalized training or experience.
After obtaining the Green Card, foreigners may apply to become US citizens after 3 or 5 years of lawful permanent residence in the US.
This information is only very general in nature and any more detailed discussion and advice will require a thorough review of individual circumstances. If you are interested in a personalized analysis of your aspirations to come to the US, please contact us to schedule an initial consultation in the office, via telephone of Skype.
