DREAM ACT LAW PASSES HOUSE

DREAM ACT LAW PASSES HOUSE.  

Today, the House of Representatives passed the Dream and Promise Act, H.R. 6, by a vote of 237-187, pretty much along party lines. This bill would do the following:

• allow eligible young immigrants to apply for lawful permanent resident (LPR) status if they came to the United States before the age of 18 and have been in the United States for at least 4 years (this is considerably broader than DACA
• The bill provides “conditional” LPR status for up to 10 years to young immigrants who meet certain basic educational benchmarks.
• Full LPR status is made available to those who reach more advanced professional or career milestones related to education, military service, or employment history.
• The bill would also establish a path to LPR status for individuals who had, or were eligible for, Temporary Protected Status (TPS) or Deferred Enforced Departure (DED, so long as they have been here for a least 3 years.

It’s not clear at all whether this law will get sufficient votes in the Republican-controlled Senate or even be allowed for a vote by Mitch McConnell.  Trump has also promised to veto similar laws. 

A poll released this week  found overwhelming support for similar legislation in 3 battleground states.  The poll determined that  78 percent of people surveyed in Michigan, 74 percent in Colorado, and 71 percent in Pennsylvania thought the federal government should offer a path to citizenship for DACA recipients and TPS holders. 

Para leer en español: https://kpbinmigracion.blogspot.com/2019/06/daca-ley-pasa-la-camara-de.html

Sources:

https://www.washingtonpost.com/powerpost/house-poised-to-pass-immigration-bill-that-would-protect-dreamers/2019/06/04/bac5cf98-86d7-11e9-a491-25df61c78dc4_story.html?utm_term=.a38568aede14

https://www.vox.com/2019/6/4/18650672/house-democrats-dream-and-promise-act

https://thehill.com/latino/445397-immigration-bills-move-forward-amid-political-upheaval

https://www.inquirer.com/news/daca-tps-trump-immigrants-path-to-citizenship-20190528.html

THINGS TO CONSIDER ABOUT GETTING A GREEN CARD AT A U.S. CONSULATE ABROAD…Before you go.

By Christopher Kerosky, Esq.

It has always been the case that many immigrants end their permanent residence process having to go to a U.S. Consulate abroad in their home country to finalize the case and get their green card.  This is a process known as Consular Processing. 

Since 2013, thousands of undocumented immigrants have been able to obtain permanent residence after obtaining a "provisional pardon" (I601a) within the United States and then traveling for a consular interview in their country of origin.

Now, even more immigrants are therefore going abroad to finish the process at a U.S. Consulate.

This process, which also includes a family petition and an affidavit of support, should be prepared with great care given that the final decision on eligibility is issued outside the country, so a procedural problem could delay or even prevent issuance of the Immigrant Visa ( Green Card).

Here’s some important tips to know and consider before going abroad:

Issues and Documents Important to Success at the Interview.

·       Information related to contacts with immigration authorities: Immigration and Customs Enforcement (ICE) arrests or deportations within the United States or by Customs and Border Patrol (CBP) at the border of the country may cause an applicant to be ineligible for this process.

Share all this information with your attorney, as well as any records you may have related to these incidents.

·       Criminal Record: The immigrant who seeks a pardon is seeking permanent residence so the moral character of this person will be evaluated by the US Citizenship and Immigration Service (USCIS) before issuing a decision. Any criminal arrest and / or conviction either within the United States or outside the country must be made known to the lawyer.

·       Multiple entries: Those who entered the United States illegally more than once must be careful as they may not be eligible for this pardon.  These rules, covered by the law known as the “Permanent Bar”, are complicated and whether they would make you ineligible for permanent residence depend upon the dates of exits and entries into the U.S.  Please discuss all trips outside the U.S. and into the U.S. carefully and honestly with your lawyers.

·       245i Eligibility. Those immigrants who have filed a labor certification or family petition before April 30, 2001 should consider the possibility of applying within the U.S. for a green card and paying a $ 1,000 fine rather than using the pardon process and seeking their status at a Consulate.

The Consular Interview.

Once the pardon is approved, the applicant should complete an Affidavit of Support with the National Visa Center, which will eventually send the case to the applicant's Embassy or Consulate.

The interview process consists of several stages and certain factors must be considered:

·       Potential penalties for those who crossed the border illegally with children: Applicants who at some point brought their children across the border illegally could be charged with “alien smuggling”, which would delay the process and require a new pardon to be obtained outside the country.

·       Death or divorce and the family petition.The relationship upon with the Family Petition was based must continue to exist: if the marriage or other relationship no longer exists at the time of the interview, the applicant may not qualify for the visa. Examples are divorce or separation of those who petitioned their spouses or death of those who sponsored their parent or children.  Under certain circumstances, a waiver is available.  Consult an attorney. 

·       Alcohol or drug abuse can be an impediment to consular processing.  Each applicant will undergo a medical examination in their home country, and it is possible that the process will be delayed if the applicant has had drug or alcohol abuse problems.

·       Gang Tattoos can cause obstacles to permanent residence: Any tattoo that can be interpreted as belonging to and / or affiliated with a gang could delay or even eliminate the possibility of obtaining residence.

·       Record with Immigration and / or Criminal Authorities: the Embassy and / or US Consulate in the home country will also review records of any criminal charge or arrest and any prior contacts with immigration, so discuss with your attorney if there are any changes in the information you shared with your representative before sending the pardon application.

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CHRISTOPHER A. KEROSKY of the law firm of KEROSKY PURVES & BOGUE has practiced law more than 25 years and has been recognized as one of the top immigration lawyers in Northern California for 9 years by“Super Lawyers” www.SuperLawyers.com .   He graduated from University of California, Berkeley Law School and was a former counsel for the U.S. Department of Justice in Washington D.C.  His firm has offices in San Francisco, Los Angeles and six other locations in California. 

WARNING: The foregoing is an article discussing legal issues. It is not intended to be a substitute for legal advice. We recommend that you get competent legal advice specific to your case.

HOW DO I GET MY GREEN CARD IF I MARRY A U.S. CITIZEN?

Under present law, a person who came to this country on a valid visa can apply for permanent residency if they marry a US citizen.  If the person came to the US on a fiancee visa, they must marry within 90 days to the person who sponsored their visa in order to qualify for adjustment of status to permanent residence in this country. 

All other persons can apply for adjustment of status to permanent resident in this country based upon marriage to a U.S. citizen, as long as they entered the United States on a valid visa and have not committed a crime or some other act which makes them ineligible. 

Of course, the marriage must be a valid and bona fide one.

Also persons who qualify for a special law called Section 245i can also file for a green card here in the U.S. based on marriage – even if they came here without a visa.  You only qualify for Section 245i if you had a family member or employer file to sponsor you for permanent residence before April 30, 2001.  Many persons who have been sponsored by parents or siblings and have been waiting many years for their case to be “current” can file instead through a U.S citizen spouse under Section 245i.  (However, it is very important to get good legal advice before filing to make sure you are eligible.)

There are many necessary forms and documents necessary to submit with the marriage petition, including photos, birth and marriage records and other immigration forms.   It generally takes only 9-15 months to finish the adjustment of status process.  There is an interview at the end of the application process, which both spouses must attend. 

In order to prove that the marriage is valid at the interview, it is necessary to provide certain documentation.  This includes financial records such as leases with both spouses names, joint bank account statements, joint credit cards, utility bills and other evidence that the couple is living together.  It is also helpful to bring photographs of the couple together, including photos of the wedding.  Other personal documents such as correspondence before marriage or even personal mementos can be helpful to show the immigration officer.

The interviews generally last approximately one hour or less and are intended to determine whether the marriage is legitimate or not.  If there is any significant doubt about whether the marriage is real, the applicants are required to come for a second, more intensive interview.  In these second interviews, the spouses are separated and questioned at greater length by trained officers. 

If the officer is satisfied the marriage is bona fide, and all other requirements for permanent residence are met, the adjustment of status application is approved.  If the marriage is less than two years old, the immigrant is given conditional permanent residence.  This status gives the immigrant all the same rights as a permanent resident except that it expires after 24 months. 

Two years after the granting of conditional permanent residence, a new application must be submitted to the immigration service, documenting that the marriage still exists. 

For those persons who came here without a visa and do not qualify to change their status here under 245i, there is a possibility to apply at the U.S. Consulate in your home country, and request a pardon of the penalty for being here illegally.  One should definitely seek legal advice before applying in this manner for a pardon.

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CHRISTOPHER A. KEROSKY of the law firm of KEROSKY PURVES & BOGUE has practiced law more than 25 years and has been recognized as one of the top immigration lawyers in Northern California for 9 years by“Super Lawyers” www.SuperLawyers.com .   He graduated from University of California, Berkeley Law School and was a former counsel for the U.S. Department of Justice in Washington D.C.  His firm has offices in San Francisco, Los Angeles and six other locations in California. 
WARNING: The foregoing is an article discussing legal issues. It is not intended to be a substitute for legal advice. We recommend that you get competent legal advice specific to your case.