The latest news from the USCIS that you need to hear. A Fraud Alert has been released to warn from fraudulent calls.
Related Information on President Trump, Mexico and Immigration:
The current administration is moving to close USCIS‘ field offices around the world.
Clients should note that USCIS and the Department of Homeland security are set to coordinate in order to avoid any delays in the processing of applications. However, clients should anticipate that there may be delays in the scheduling of their interviews, processing of their visa, etc.
It is important to remember that this does not mean closure of embassies/consulates altogether.
In the past, USCIS – the agency that processes green card applications within the U.S. – would deny applications if the person applying for the green card is likely to be a public charge, meaning someone who is living off of cash benefits rather than working for income. To get around this, applications would require Form I-864, showing that a U.S. citizen or permanent resident made enough income to ‘sponsor’ the green card applicant.
With this new rule, that form will no longer be enough. If the proposed rule is enacted, here are some changes that will take place:
- it is not just cash benefits, but any kind of benefit being considered (including: non-emergency Medi-cal, CHIP, even Obamacare subsidies);
- the Form I-864 will now just be one factor in determining public charge and sometimes won’t be enough;
- immigration is now considering how likely someone is to need assistance in the future, meaning that even if you have a good job now, being of old age or in poor health might lead to a green card denial, and
- even if you are not receiving public benefits now, but have in the past, you could still be denied a green card. There are other changes being proposed as well, and some are just downright cruel.
If you would like to know how these changes might affect your green card application, or if you think you might qualify for a green card in the future, give our office a call at (916) 613-3553 to assess the possibilities in your case. More than ever, it’s important to get the right kind of help.
- Frequently Asked Questions on I-864 Affidavit of Support
- New ‘Public Charge’ rule – will receiving public assistance or benefits affect my green card application?
- 3 Very Important Questions When Applying for Marriage Based Green Cards
- Affidavit of Support, when the sponsor for a marriage based green card doesn’t have the minimum required income
- What happens when the sponsor for a marriage based green card doesn’t have the minimum required income?
First of all let’s get to the exciting news:
The Ninth Circuit Court of Appeals has upheld the fact that you can renew for DACA which is great news! This was upholding the lower district court judge’s decision on grounds that Trump’s ending of DACA was based off of racial animus. The Ninth Circuit, which is the higher court, has upheld that so a bottom line for now, DACA is you can now continue to renew your applications.
Some of the most common questions are:
- What exactly is the form I-130 what does it prove?
- What does it mean when someone files for an form I-130?
So that’s a great question! form I-130 is establishing the relationship between:
- the U.S. citizen (the person that’s filing) or permanent resident (the person which is filing and that’s called the petitioner);
- the beneficiary (the person who’s receiving the benefit).
All it’s doing is establishing the relationship, so it’s generally only the first step in the process. We get a lot of questions – people think that they’re getting a legal status just from the form I-130 but that’s not the case.
Now another question:
- Which is the validity of the form I-130 approval?
Having form form I-130 approved doesn’t mean that you have the right to obtain a green card. Form form I-130 is only the first step in the process. Many people come to our offices in Sacramento and Stockton and have retained a notario who helped them with form form I-130. They are under the impression they’ll be granted a green card – this is just the first step in the immigration process.
So for instance, in order to obtain a green card, there are other forms such as form form I-485 (Application to Register Permanent Residence or Adjust Status), the Affidavit of Support demonstrating other eligibility requirements that you are eligible (demonstrate to be admissible to get a green card and demonstrate that you meet the poverty guidelines for the affidavit of support).
So form form I-130 in a way is like the baby step to the other steps.
- If someone has a pending form I-130 or an form I-130 approved, you what do you recommend to do?
- Do you recommend they go with an immigration attorney?
- What do you suggest to do if they’ve already filed for an form I-130 with a notario?
My recommendation is to have an immigration lawyer review the form I-130 application before moving forward because it may not be in your best interest to move forward: you may need a waiver for certain types of grounds that would make you an inadmissibility. It’s really important to have someone who’s knowledgeable to be able to analyze whether or not you actually qualify or you’re just putting yourself into a bad situation.
Other questions we get from people that have criminal issues
- Do criminal issues make them inadmissible?
- Do criminal issues preclude application for any type of benefit?
In general criminal immigration is a very complicated area and especially with the Trump administration they’re scrutinizing anyone who has a criminal violation.
For instance a very common issue is a DUI that needs to be analyzed before you file for your specific type of case. Same thing with domestic violence – if you have a domestic violence conviction it needs to be analyzed by an immigration attorney before you apply for an immigration benefit.
Questions on obtaining criminal records
- How do people obtain their criminal record?
- If someone was arrested, they may have the police report but they don’t have the court record – how should they proceed?
- How should someone proceed if they have been arrested but do not have anything to prove that criminal incident?
So we can do an FBI background check, we can request the records from the court if there has been a criminal conviction – these are some of the things that we can do in order to get that information.
Obtainable immigration documents
- Which are the immigration documents you can obtain?
- Let’s say I was petitioned way back and I don’t have any documents to prove it: is there any way that you can obtain those documents for me?
Yes. In that situation what we do is the Freedom of Information Act request and we can obtain those records that way and that’s really important. We do a lot of those to go back and review all of the information to see what happened so we know how to prepare your current application.
Also if you’ve ever had an interaction with USCIS or at the border, it’s also really important to get your records to see what happened as well.
Form Processing Times – Another frequent question
- Why are form processing times so long?
It depends on the specific case. In general we’ve seen processing times slowing down significantly across the board. For instance a green card renewal or an I-90 is taking anywhere from four and a half to 11 and a half months.
It’s important to note that the processing times are dependent upon the government: no attorney can speed up the processing time so if anyone tells you that, then just be a little bit wary because it’s up to the government on how long it takes them to process the case.
The form I-130 originally was taking around four to six months now it is taking five to twelve months to process.
The I601 has also slowed down significantly so now it’s taking 12 to 16 months.
The I601 is different from the I-601a. The I601 is the one where you’re outside of the United States and you need to apply for a waiver and that is currently taking 12 to 16 months. The I-601a is taking about five to seven and a half months and citizenship is taking about 8 to 14 months.
At the top of the list is the U Visa which is taking now an average four years. That’s if you’ve submitted your application like four years ago – we expect it to continue to slow down as time goes on.
Alright well we want to thank you for joining for our weekly show. Tune in next week we’re gonna have some more great information for you.
Thanks and have an awesome day
Related Information on Form I-130
This is a great example of how our democracy works and how our judicial system works. This puts the executive branch in check by the judicial branch, and it’s just a beautiful thing to see this happen.
This is breaking news, TPS is back on! Now this was for specific countries so if you have questions give us a call (916) 220-3137 to find out if your country qualifies. Join us, you can ask your question or give us a call at (916) 220-3137. The reasoning the Judge used is quite interesting of why he blocked the decision of Trump. In the judge’s decisions, what I was talking about, to block plans to end TPS was because Judge Edward Chen basically stated that President Trump harvers an animosity against non white, non european aliens which influenced his decision to end the TPS designation and I’m just basically quoting what the Judge said: the Judge is providing a precedent here, showing that racism cannot be used to take a decision on immigration policy.
Well, continue to tune in to our immigration weekly show – we’re going to be live on Wednesday. We’re going to continue to keep you informed so check in 12 o’clock on Wednesday.
Thanks and have an awesome day!
Related Information on Other Resources on TPS (Temporary Protected Status)
The Ranchod Law Group successfully acquired an approval on behalf of a foreign national client for an I-212 Waiver. This allows our client to pursue consular processing at a foreign embassy and get a green card through the client’s U.S. citizen spouse – without having to wait 10 years! And what’s more, our client received a decision in one week!
I-212 Waiver Approved in 7 days: The Facts
Our client, a foreign national, entered the United States seeking asylum and was placed into removal proceedings. With the help of another immigration attorney, our client asked a Judge for asylum, which was denied and resulted in a deportation order against our client. After unsuccessfully appealing to the BIA and Ninth Circuit, the Deportation order became final.
Our team took on the case and worked tirelessly with the client to accumulate evidence showing the favorable factors that warranted excusing the Deportation order against our client. Under a USCIS memorandum outlining all the positive and negative equities in an I-212 permission to reapply, our team was able to convince immigration to allow the client to get an immigrant visa through his U. S. citizen spouse, without having to wait 10 years after the deportation. Even better, our team was able to provide strong enough evidence that immigration had an easy decision to make – and did so in one week!
Due to our efforts, our client will now be able to travel to his home country and in a matter of weeks, get an immigrant visa – without having to wait for 10 years.
Our efforts demonstrate that even in these hard times for immigrants, diligence and preparation can make even the most hopeless case result in a positive outcome for our clients
Before we start, just a reminder that everything we say here is not to be considered as legal advice – we’re just providing general information. If you want answers to specific questions, call our office at 916-220-3137.
Alright now we’re gonna move on to DACA :
what is going on with DACA?
It is just crazy right now with all of the different court decisions.
Right now we have Judge John Bates of the U.S. District Court in Washington D.C. who issued a final judgment in favor of DACA : the Washington DC Court has said that they want DACA to go through and that Trump has to reinstate DACA . They gave a 90-day time period for President Trump to object – if he doesn’t appeal the decision then they said on August 23rd DACA would have to be reinstated.
If you have questions call us at 916-220-3137, post or comment below and we will try to answer.
We’re talking about DACA right now so I talked about the DC Court decision. In Texas another Federal Court decision is supposed to be coming out very soon, and we’re expecting them to say that they want to cancel DACA : at the moment we have two federal courts in conflict, so it’s very likely that this will go to the Supreme Court to make the final decision on what happens with DACA but as of right now you can renew your DACA application.
You cannot file a new application, the law of course is going to be changing very frequently so I invite you to just continue to watch our live show we will provide you with updates to let you know what is going on you can call at 916-220-3137 to ask us your specific questions regarding DACA or other immigration questions.
I want to thank you for tuning in to our weekly immigration update and see you next week
Related Information on DACA
- VAWA the Violence Against Women Act
- The difference between VAWA and the U Visa
- Green Card Renewals are not Automatic
- The level and definition of physical abuse for VAWA
- Does VAWA apply also to male spouses?
So, What is VAWA?
- your spouse needs to be a US citizen or permanent resident.
- You need to have lived with your spouse
- You have to show that you had a good-faith marriage that means that your marriage was real or the relationship was real.
- You need to demonstrate that you are a person that has good moral character.
Now the great thing about the Violence Against Women Act VAWA is that you can apply the petition along with the green card if your spouse is a US citizen. If your spouse is a green card holder then you would need to wait for the priority to become current before you file the green card application.
One of the other things that’s great about applying for VAWA is you could get work authorization
At the moment, applications for the green card-work authorization are taking about five months or longer. What we’re seeing in terms of processing times, it’s taking anywhere from 12 to 20 months for these applications to get approved. Now these are our government processing times it could take longer than that or it could decrease, but we’re seeing government times just increase across the board with all applications.
The difference between VAWA and the U Visa
- You need to get a police certification or you need to get a certification from a government agency.
- With VAWA you do not need to have a police certification.
- One of the drawbacks of the U Visa is it takes a very long time for approval because only 10,000 are available per year.
- You don’t have that issue when you’re applying for VAWA because, for instance, if your spouse is a U.S. citizen there you’re considered in the immediate relative category where you can apply right away.
If you have questions call us 916-220-3137 or post your comments below. Today we are talking about some exciting stuff here – the U Visa and the VAWA, why is it so Amazing? Because this is a way for you to get your green card! This is a way for you to get a visa even though you may have suffered and gone through such hardship in your life, being a victim of domestic violence. That’s probably one of the worst things that you could suffer at least this is a way that we’ll be able to help you in the future to live and work in the United States. I want to go back to the U Visa and just add a little bit more to that. In our prior live show we talked about the U Visa just being available when you have a police certification but it’s also other local agencies:
- The DA for instance, can issue a police certification.
- Child protection services could issue a certification.
So it’s not just the police. I would like to also answer some prior questions.
Green Card Renewals are not Automatic
They need to apply to renew for the green card before that two year period
So what’s important here, is the person thought that you automatically get the green card renewal sent to you and that’s not correct – you have to file for an application, you have to actually file in the case for conditional green card renewal (i-751 application) in order to get your green card renewed, otherwise you can be put it into removal proceedings or deportation proceedings so it’s really important: you’re not gonna get a green card sent to you in the mail, you need to file an application.
Alright and also I want to share with you the latest immigration update that’s happened. There was a memo that USCIS would be able to issue what’s called a notice to appear to show up in removal court. That has been put on hold right now, which is a victory for all of us – so that is great news. The American Immigration Lawyers Association, which I’m a part of, is fighting against that memo because it’s not fair to make USCIS have the right to be able to issue these notices to appear. That’s beyond the scope of what that organization was created for. Alright well I want to thank you all for showing up for our live show Brian did you have anything else you want to add or any question? Yes, I have more questions on VAWA, specifically:
Abuse need not be physical, however it is more difficult to prove
VAWA applies also to male spouses
Well thank you everyone for tuning in – we’re gonna continue this live show. We will see you here next week at 12 o’clock and wanted to just thank you again and just remember to keep positive because there are different laws that are available to help you. If you have questions call us at 916-220-3137 and we’ll see if you qualify or not so you know whether or not you do you have some kind of relief. Thanks and have an awesome day
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