Boston Immigration & Naturalization Attorneys Blog

Immigration bill seeks to help foreign healthcare professionals

2013-05-24T18:50:05Z

Looking to the near future, foreign healthcare professionals may be able to more easily work in the U.S. More about this should be known in June. As of now, the immigration bill has been passed by the Senate Judiciary Committee.

In total there are 212 amendments in this immigration bill to be considered. The one related to foreign healthcare professionals is just one small piece of the bill.

]]> The main point behind this portion of the bill is to make it easier for foreign healthcare professionals to work in the U.S. This can end up benefiting not only the foreign professionals, but having more expertise knowledge in the healthcare industry can really benefit anyone in the U.S.

In general, this bill brings up the point that many immigrants come to the U.S. for employment reasons. In fact, when it comes to applying for a green card there are three ways to do this: through the diversity lottery, through family and through an employer.

However, it is certainly not as simple as just saying, "I want to work at this job" and then being granted a green card. Rather, there is a complex and at times complicated process with eligibility requirements along the way.

These eligibility requirements are based around what the employment opportunity is. For example, there are those for immigrants who have demonstrated an outstanding ability in certain key fields, such as sciences, arts and athletics, while there are also those green cards for foreign-born professionals with advanced degrees.

Regardless of what ends up passing, considering that the process can be complicated and that there is often a lot riding on the line, those seeking immigration visas based on employment should speak with an attorney who has experience handling the ins and outs of immigration law.

Source: Kaiser Health News, "Senate Immigration Bill Would Ease Restrictions On Foreign Health Workers," May 23, 2013

Update: Amendment to student visas passes for immigration bill

2013-05-15T20:30:03Z

In response to the Boston bombings last month, the Senate Judiciary Committee passed an amendment to the comprehensive immigration bill that is still being negotiated on. The idea behind this amendment is for the borders to be more strongly enforced when it comes to students entering the country.

When looking at what happened prompted this amendment, Azamat Tazhayakov, one of the students facing charges related to the Boston bombings, had a nullified visa. When he had returned to the U.S. from Kazhakstan, he had not registered for classes and his visa had been pulled.

]]> However, the border agent who let Tazhayakov back into the U.S. did not have access to any of this information.

The amendment works to change this from happening again by requiring the Department of Homeland Security to have real-time transmission of information related to student visas to databases used by U.S. Customs and Border Protection agents across the country. This could lead to students wtih nullified visas being stopped from entering the country.

In looking at this recent added amendment to the comprehensive immigration bill, while the Boston marathon bombings were horrible and the government should want to do everything it can to protect its citizens from similar attacks, any time there are changes involving immigration law it has the potential to affect many people, especially those trying to get into the U.S. or looking to change their statuses.

Those looking to obtain a student visa, or for those who wish to extend their visa or learn more about permanent residency, should talk with an attorney who has experience handling immigration cases. This attorney can help to explain the at times complicated nature of immigration law and its changes in the U.S.

Source: CBS News, "Immigration bill includes measure inspired by Boston bombing," Lucy Madison, May 15, 2013

Proposed changes could affect family-based immigration

2013-05-08T19:36:04Z

US Congresswoman Grace Meng is concerned about changes to family reunification in the proposed immigration reform bill. In a letter to one of the senators who authorized the proposal, Meng expressed concern that the proposed legislation would be disadvantageous to immigrants -- particularly Asian Americans -- and the U.S. economy as a whole.

Under the proposed comprehensive immigration reform bill, the US lawmaker said, US citizens would no longer be able to sponsor married adult children or adult siblings for permanent residency. This would make family reunification more difficult. Instead of making changes to this portion of the bill, her request is for the family-based immigration system to stay the way it currently is.

]]> According to Meng, aside from how these changes would negatively affect the immigration system in the U.S., this proposed change would also have a direct impact on the U.S. economy. Her thoughts are that over the past decade, U.S. residents have sent billions of dollars over to family living in other countries. A large share of this money is going to relatives who cannot legally join their families here in the U.S.

However, by making family reunification a priority -- and not taking away the ability for U.S. citizens to sponsor adult children and adult siblings -- this can equate to more money being put back into the U.S. economy, as opposed to being sent to another country.

Looking to the future, this proposed immigration reform bill has the potential to make huge changes to immigration. Either way though, one thing that is almost guaranteed is that the process is one that is still going to be complicated. This is why it is important to talk with an attorney who understands how the immigration process works.

Source: The Economic Times, "'Family reunion in immigration bill would reduce remittances'", May 8, 2013

Thousands join May Day rallies in support of immigration reform

2013-05-02T20:08:46Z

About 11 million people live in the United States illegally. However, many of those people hope that changes to current immigration laws could allow for a pathway to citizenship. As the debate over immigration reform continued, many people in cities across the country gathered yesterday in support of new immigration policies.

May Day rallies have been a yearly tradition for the last 13 years. However, this year, just weeks after the so-called "gang of eight" introduced an 844-page immigration reform bill, there is greater demand for changes to the current immigration system.

]]> A man in one state went to a rally with his two Chihuahuas. He has had the same job for six years while living in the United States as an undocumented immigrant.

"Immigration reform would help me and my family and for everybody here," the man said.

Many people have lived in the country illegally for years. Some people even came here as children, and the United States is all they know. Many people could experience life-changing opportunities if current immigration policies are altered to allow undocumented residents to eventually become United States citizens.

The current pathway to citizenship is not easy even for people who come to the United States legally. To become a U.S. citizen, residents of Boston and others elsewhere must be at least 18-years-old and have been a permanent resident for at least five years. People must be able to read and write English at an elementary level and have a basic understanding of the country's government and history.

Source: CBS News, "May Day demonstrators across U.S. demand immigration reform," May 1, 2013

New policy grants immigrants with mental disabilities legal representation

2013-04-25T20:36:03Z

People who are arrested by Immigration and Customs Enforcement officials are often placed in detention facilities. It is best for immigrants and their families to work with a legal professional who understands the immigration system.

Up until now, immigrants who could not afford a lawyer were not given legal representation in immigration courts. That's because immigration proceedings are considered civil matters. Recently, though, the federal government announced a new policy which will give detained immigrants with mental disabilities the right to legal representation.

]]> A day after the new policy was announced, a federal judge in California ordered that immigrants with mental disabilities in California, Arizona and Washington be given legal representation. The ruling was the result of a class-action lawsuit brought by the American Civil Liberties Union three years ago.

"It is the first step in recognizing that, given the complexity of our immigration laws, it is not appropriate to force a vulnerable population through the system without appointed counsel," the president of the American Immigration Lawyers Association said.

These new measures should prevent people from staying in detention facilities for excessive periods of time. It will also allow people to appropriately fight deportation. The first step in the process, though, is accurately identifying immigrants who are not competent to represent themselves.

Having legal representation throughout immigration proceedings is important. An attorney can fight for bond. In situations in which bond is not an option, an attorney can seek a speedy deportation to prevent an unnecessarily long stay in a detention facility.

Source: The New York Times, "In a First, Judge Orders Legal Aid for Mentally Disabled Immigrants Facing Deportation," Julia Preston, April 24, 2013

Lawmakers introduce immigration reform bill

2013-04-18T22:08:37Z

As Boston readers may already be aware, a bipartisan group of senators, referred to as the "gang of eight," recently presented an 844-page bill intended to fix the broken immigration system in the United States. The group of senators noted that while they don't all agree on the bill, they will fight for its passage.

The proposed bill would give undocumented immigrants the chance to eventually become citizens of this country. If passed, the bill would also improve the visa system and increase security at the borders.

]]> The group of senators acknowledged that strong opinions on both sides of the aisle have prevented the passage of a lot of important bills in recent days, weeks and months. However, they have made it clear that they will push hard to get this bill passed.

"I am convinced this issue will not fall victim to the usual partisan gridlock," Sen. Chuck Schumer of New York said.

Under current laws, individuals must lawfully enter the country in order to eventually achieve citizenship. In addition, individuals must reside in the United States for five years and be at least 18-years-old. They must also be able to show that they can understand and speak English. Individuals interested in gaining citizenship must also show that they are of good moral character.

Whether or not this immigration bill is passed, people who are facing immigration issues would still be wise to reach out to an experienced legal professional. An attorney can help people prepare and file paperwork. They can also represent people at deportation and detention bond hearings.

Source: The Huffington Post, "Gang of 8 Senators: immigration Reform Won't Be Like Gun Control," Elise Foley, April 18, 2013

Technology leader speaks out about immigration reform

2013-04-12T16:44:13Z

Last week, we discussed the huge demand for the H-1B visa. The temporary visa is particularly important for high-tech companies looking for highly-skilled workers. Only 65,000 visas are issued each year.

The U.S. Citizenship and Immigration Services office began accepting applications for the 2014 budget year last week. Officials anticipated that demand would quickly outpace supply. After just five days, it was announced that the cap had been reached and that no more H-1B visa applications would be accepted. A lottery system will be used for the selection process.

]]> One well-known technology leader has expressed his dismay at the current immigration policies in place. In particular, he is questioning why current policies limit talented workers from obtaining employment in the United States.

An opinion piece by Mark Zuckerberg, the founder and chief executive of Facebook, was recently featured in The Washington Post. In the piece, he speaks about his own family's immigration story. He says that his great-grandparents came into this country through Ellis Island. Without his family's efforts, his life's path could have been very different.

In the article, Zuckerberg reminds readers that this is a country of immigrants. Because new ideas and advances in technology are so important for the country's economic growth and future success, Zuckerberg points out that it is increasingly more important to draw in the most talented people from around the world.

Obtaining H-1B visas is important for some companies in the Boston area. In order to be sure all parties understand the conditions of the H-1B visa, it may be wise to rely on an attorney who has experience handling immigration cases.

Source: The Washington Post, "Facebook's Mark Zuckerberg: Immigration and the knowledge economy," Mark Zuckerberg, April 10, 2013

H1B Cap Reached for Fiscal Year 2014

2013-04-05T20:33:17Z

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=5051f359827dd310VgnVCM100000082ca60aRCRD&vgnextchannel=e7801c2c9be44210VgnVCM100000082ca60aRCRD

Immigration officials expected to see huge demand for high-skilled immigration visas

2013-04-05T17:14:28Z

Last month, Boston readers may recall that we wrote about the scarcity of the H-1B visas, which are temporary visas given to highly-skilled workers. Earlier this week, U.S. Citizenship and Immigration Services began accepting applications for the much-wanted visas for the 2014 budget year.

In total, 65,000 visas will be issued to companies looking to secure talent from around the globe. Additional visas will be granted to people who obtained an advanced degree in the United States.

]]> Officials expect that demand for the H-1B visa will outpace its availability. Immigration officials may end up having to use a lottery system to award the visas to companies.

In March, readers of this blog may recall that we wrote about plans to anchor a cruise ship off the coast of Northern California in order for high-tech companies to employ the kind of skilled workers that they need. It has always been important for companies to hire skilled workers. However, bringing in high-tech talent will be even more important as the job market grows.

Many lawmakers agree that more H-1B visas need to be issued. As congressional leaders look to reform immigration policies, the need for highly-skilled workers from outside of the United States will likely be an important issue for them to consider.

Working through immigration issues can be difficult for large corporations as well as individuals living in cities like Boston. It may be impossible for someone to try and understand the complexities of the immigration system. Working with an attorney who has a solid understanding of relevant laws is often best.

Source: Fox News, "High-skilled visa requests likely to exceed supply, in one of fastest runs in years," Associated Press, April 2, 2013

Gay immigrants could be affected by DOMA ruling

2013-03-28T20:29:38Z

This week, the U.S. Supreme Court heard arguments on the constitutionality of the Defense of Marriage Act. While it could be some time before a ruling is made, that ruling could have a profound effect on same-sex couples living in Massachusetts when it comes to immigration issues.

Under DOMA, same-sex couples are not granted the same federal benefits that opposite-sex couples currently enjoy, even in states in which gay marriage is recognized. That means that immigrant spouses cannot obtain green cards even if the state they are living in recognizes same-sex marriage.

]]> One same-sex couple in New York is particularly interested in the Supreme Court's ruling. One of the men is from Venezuela and has been living in the United States as an undocumented immigrant for more than two decades. His status has prevented him from working and traveling to and from Venezuela to visit his family.

The Department of Homeland Security has said they will recognize same-sex marriages when it comes to deportations. Despite that, same-sex couples continue to face many of the same challenges.

This is not to say that opposite-sex couples do not face challenges when it comes to immigration. However, marriages between a man and a woman are recognized by the federal government. Opposite-sex couples can file a petition and the immigrant spouse may be granted permanent residency.

Same-sex marriage has been at the center of many debates in recent years. While it is unclear how the Supreme Court will rule on DOMA, the decision could be far-reaching, even affecting those in the immigrant community. If DOMA is determined to be unconstitutional, immigrants in same-sex marriages may finally be able to obtain green cards.

Source: ABC News, "DOMA Ruling Could Mean Green Cards for Gay Immigrants," Emily Deruy, March 27, 2013

•· Our firm helps people who are facing immigration issues. Please see our Boston family immigration page for more information.

Proposed legislation could limit deportations in Massachusetts

2013-03-22T17:35:05Z

A woman is living in Massachusetts illegally, but if she is deported she will be leaving behind her three children who were born in the United States. The woman is originally from Guatemala. Recently, she and her family were among the dozens of people who gathered outside the State House to protest the Secure Communities program and to encourage lawmakers to pass legislation to limit deportations.

In 2012, Massachusetts joined the Secure Communities program. The program is designed to identify dangerous criminals who are living in the U.S. illegally by matching fingerprints obtained by local law enforcement agencies with federal immigration databases. However, many people say the program is flawed and that authorities end up going after people who are not dangerous criminals.

]]> A bill has been introduced that could lessen the grip federal authorities currently have over local jurisdictions when it comes to detaining suspected illegal immigrants. The proposed legislation would allow local authorities to release individuals in certain situations.

Sen. Jamie Eldridge introduced the bill. He says that the wrong people are being targeted through the Secure Communities program and it is creating fear among immigrant communities.

It can be a frightening experience when a loved one is detained by immigration officials. Most people can't imagine what it would be like to have a family member deported. Unfortunately, many families in Massachusetts are faced with this reality. When a family member has been detained it is usually beneficial to speak with an attorney who has a broad understanding of immigration laws in order to make the most informed decision about the steps to take going forward.

Source: WBUR, "Immigrant Advocates Push Bill At State House Rally," Asma Khalid, March 20, 2013

Companies looking for high-tech talent get creative

2013-03-14T20:35:41Z

Late last month, we alerted readers of this blog to a "virtual march" that leaders of the high-tech world have planned as a way to show their support of immigration reform. Boston residents may be interested to hear that technology entrepreneurs are getting even more creative in an effort to bring in talent from all over the world.

Only 65,000 temporary work visas are issued each year. Because of that, many technology companies aren't able to bring in skilled workers from other parts of the world. In addition, it prohibits some of the brightest people in the world from building technology companies in the United States. Two entrepreneurs think they have found a solution to that problem.

]]> The entrepreneurs plan to anchor a cruise ship 12 miles off the coast of Northern California where international workers could do their jobs. Instead of applying for work visas, ship residents could obtain a business tourism visa that would allow them to step on land every few days.

If all goes as planned, people could begin working on the cruise ship next year. So far, close to 400 companies from all around the globe are looking for a spot on the ship.

Officials with U.S. Customs and Border Protection did not comment on the plans in recent news reports. While the cruise ship idea is unique, some question how feasible it will be.

In addition to the legal issues the creators of the cruise ship project may face, companies may not see the ship as a permanent solution. Many people are hoping that new legislation could help bring in additional high-tech talent to the United States.

Obtaining an employment-based green card can be difficult. To learn more about the process, people in Boston and others elsewhere would be wise to consult with an experienced legal professional.

Source: The Los Angeles Times, "Idea is floated for a start-up colony anchored in the Pacific Ocean," Jessica Guynn, March 13, 2013

•· Our firm works with people looking to obtain employment-based green cards. Check out our Boston employment immigration page to learn more.

Immigration bill could be unveiled next month

2013-03-07T22:51:57Z

Six years ago, federal officials raided a Massachusetts leather goods factory. Around 360 workers were detained after that sweep. According to the Boston Herald, two immigration leaders announced recently that they will fast for three days in protest of that raid.

The leaders' fast was set to begin just a day after a group of senators announced that a comprehensive immigration bill will likely be released in April after Congress returns from a two-week recess. The bipartisan team of lawmakers has been meeting frequently in recent weeks. They originally hoped to unveil a bill this month. However, they said they'd rather take the time to get it right.

]]> The group is hoping to create a bill to address a variety of immigration issues. One of those issues is to create a way for the millions of illegal immigrants living in the country currently to eventually gain U.S. citizenship.

The pathway to citizenship is not always easy. There are a number of requirements that people must meet before they can become a U.S. citizen. For instance, they must be at least 18-years-old. In addition, they must have been a permanent resident in the country for at least five years. They must have lived in the state where the petition is filed for at least three months. They must also have an understanding of the country's history and government.

Immigration-related issues can be complex. People wanting to know more about the naturalization process as well as those with other immigration issues might find working with an experienced immigration attorney to be highly beneficial.

Source: Boston.com, "Senators look to early April for immigration bill," Erica Werner, March 5, 2013

601A Waiver

2013-03-03T13:35:19Z

Beginning today, March 4, 2013, applicants can begin utilizing the new provisional waiver process. The 601A waiver is for immigrant visa applicants who are spouses, children and parents of U.S. citizens and will be used only to waive inadmissibiltiy caused by unlawful presence. Those who are inadmissibable for other reasons such as for criminal convictions or fraud will not be eligible for the 601A waiver.

The provisoinal waiver is significant because individuals who have accrued more than 180 days of unlawful presence while in the United States must obtain a waiver of inadmissibility to overcome the unlawful presence bars under section 212(a)(9)(B) of the Immigration and Nationality Act. Those in the U.S. out of status for 180 days but less than one year are barred from returning to the U.S for 3 years without a waiver and those with 1 year or more of unlawful presence are barred from returning for 10 years without a waiver. Under the new process applciants can obtain a waiver before leaving the U.S., and avoid much of the risk that was involved in the old system of 601 waivers.

United States Citizenship and Immigration Services Website reads:

What You Need to Know

The new provisional unlawful presence waiver process does not change the immigrant visa process. Even if your provisional unlawful presence waiver is approved, you are still required to depart the United States for your immigrant visa interview with a U.S. consular officer abroad.
If a provisional unlawful presence waiver is approved, it will only take effect after:

You depart the United States and appear for your immigrant visa interview, and
A DOS consular officer determines that you are otherwise admissible to the United States and eligible to receive an immigrant visa. NOTE: Do not depart until the National Visa Center (NVC) notifies you of your scheduled immigrant visa interview date and time at the designated U.S. Embassy or Consulate.

DOS may cancel your immigrant visa application process if you fail to appear at your interview.
If you are in removal proceedings, you are ineligible for a provisional unlawful presence waiver unless, at the time you file your Form I-601A, your proceedings are administratively closed and have not been put back on the Department of Justice, Executive Office for Immigration Review (EOIR) calendar to continue your removal proceedings.
While USCIS does not envision placing I-601A applicants in removal proceedings, USCIS will follow current Department of Homeland Security (DHS) and USCIS Notice to Appear (NTA) guidance governing initiation of removal proceedings.

Eligibility Requirements

To be eligible for a provisional unlawful presence waiver you must fulfill ALL of the following conditions:

Be 17 years of age or older.
Be an immediate relative of a U.S. citizen (not a preference category immigrant who has a visa available). An immediate relative is an individual who is the spouse, child or parent of a U.S. citizen.
Have an approved Form I-130, Petition for Alien Relative, or Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant.
Have a pending immigrant visa case with DOS for the approved immediate relative petition and have paid the DOS immigrant visa processing fee.
Be able to demonstrate that refusal of your admission to the United States will cause extreme hardship to your U.S. citizen spouse or parent.
Be physically present in the United States to file your application for a provisional unlawful presence waiver and provide biometrics.
Not have been scheduled for an immigrant visa interview by DOS before January 3, 2013.
Meet all other requirements for the provisional unlawful presence waiver, as detailed in 8 CFR 212.7(e) and the Form I-601A and its instructions.

You are not eligible for a provisional unlawful presence waiver if any of the following conditions apply to you:

You are subject to one or more grounds of inadmissibility other than unlawful presence.
DOS initially acted before January 3, 2013, to schedule your Immigrant Visa (IV) interview for the approved immediate relative petition upon which your provisional unlawful presence waiver application is based, even if your immigrant visa interview has been canceled, you failed to appear for the interview, or your interview was rescheduled on or after Jan. 3, 2013.

Note: The date and time that you are scheduled to appear for your immigrant visa interview at the designated U.S. Embassy or Consulate is not the date USCIS will use to determine if you are eligible to file a Form I-601A. If DOS initially acted before January 3, 2013, to schedule your immigrant visa interview, you are not eligible to file a Form I-601A, even if you failed to appear for your interview or if you or DOS cancelled or rescheduled your interview for a date on or after January 3, 2013.

Instead, you may file a Form I-601, Application for Waiver of Grounds of Inadmissibility, from outside the United States after you have been interviewed for your immigrant visa, and the consular officer has found that you are inadmissible for a ground that may be waived.
You are in removal proceedings that have not been administratively closed.
At the time of filing, you are in removal proceedings that have been administratively closed but have been placed back on the EOIR calendar to continue your removal proceedings.
You do not meet one or more of the requirements, as outlined in the Form I-601A and its instructions.

House Passes Bill for Violence Against Women Act

2013-03-01T20:47:28Z

Immigration News - The newly passed VAWA legislation encompasses various programs to aid victims of domestic and sexual abuse but in regards to immigration specifically, the bill includes various aspects including the survival of the VAWA petition for children of deceased self-petitioners and the extension of protections under the U visa in regards to children who age-out while waiting for applications to be processed. It also provides for training for law enforcement officers on U and T visas which grant critical protections for immigrant survivors of crime and human trafficking.