The federal government is struggling to renew work authorizations for thousands of undocumented immigrants temporarily protected from deportation by the Obama administration.
Thousands of undocumented immigrants who gained work permits as part of an Obama administration effort to shield young people from deportation are suddenly losing their ability to work legally as the federal government struggles to renew their authorizations on time.
Exactly 11,028 young immigrants have had their Deferred Action for Childhood Arrivals (DACA) status and work permits expire in spite of having applied on time, according to numbers released for the first time to BuzzFeed News by U.S. Citizenship and Immigration Services, the agency that handles the permits. The number of lapsed cases represents roughly 5% of the total number of DACA renewals that USCIS has approved so far.
Yael Pineda, a 19-year-old undocumented student at UCLA, owes her job to DACA, the Obama administration’s 2012 program that gave her a work permit and protected her from deportation because she had arrived in the United States as a child. When her DACA status started nearing the end of its two-year term, Pineda applied to renew well within the window of time recommended by USCIS, according to documents she shared with BuzzFeed News.
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Thursday, April 30, 2015
Wednesday, April 29, 2015
DHS FY2015 Mid-Year Border Security Update
DHS press release with a status update on border security efforts mid-way through FY2015. During the first six months of FY2015, the number of total apprehensions along the southwest border, was 28% lower than total apprehensions during the same period in FY2014.
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Think of Undocumented Immigrants as Parents, Not Problems
LOS ANGELES — SOMETHING happened while the immigration system in the United States got broken, something that should change the way we talk about fixing it. Years went by, and nature took its course. More than 11 million unauthorized immigrants settled into our communities; many formed families and had children. Now at least one of every 15 children living in the United States has an unauthorized parent, and nearly all of those children are native-born United States citizens.
Think of that statistic, one in 15, the next time you drive by a school or a playground. Think of those children living with the knowledge that the federal government can take their parents away. Common sense tells you that the threat of a parent’s deportation will exact a terrible price.
Read more from NY Times
Think of that statistic, one in 15, the next time you drive by a school or a playground. Think of those children living with the knowledge that the federal government can take their parents away. Common sense tells you that the threat of a parent’s deportation will exact a terrible price.
Read more from NY Times
Monday, April 27, 2015
How Much Do Undocumented Immigrants Pay in State and Local Taxes?
Undocumented immigrants—and their family members—are adding value to the U.S. economy; not only as taxpayers, but as workers, consumers, and entrepreneurs as well. If they had legal status, they would contribute even more
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Attorneys at David F. Vedder, P.A. Assist Survivor of Spousal Battery and Extreme Cruelty Obtain Permanent Residence.
On April 14, 2015, after two years of legal procedures, a Jamaican national immigrant woman who previously had been granted deferred action under the Violence Against Women Act of 1994 (VAWA) finally obtained permanent residence in the United States.
VAWA was enacted to provide immigration protection for abused spouses, children and parents of United State citizens or lawful permanent residents, allowing the victim (or survivor) to self-petition based on the abuse they have endured. VAWA self-petitioners may also concurrently or subsequently apply for lawful permanent status.
Attorneys David F. Vedder and Silvia Manzanero prepared a compelling VAWA self-petition for their client, demonstrating that she had suffered both battery and extreme cruelty by her U.S. citizen abusive spouse.
However, this was only the first step in the two-part process. In this particular case, an old agency error jeopardized this immigrant woman’s chances of obtaining permanent residence. At an adjustment of status interview, attorney Manzanero persuasively explained the factual and legal arguments to the U.S. Immigration and Citizenship Services officer, who rightly approved her client’s permanent residence application.
As a self-petitioner spouse of a U.S. citizen who has been battered or subjected to battery and extreme cruelty, Manzanero’s client will be able to apply for citizenship after three years as a permanent resident.
VAWA was enacted to provide immigration protection for abused spouses, children and parents of United State citizens or lawful permanent residents, allowing the victim (or survivor) to self-petition based on the abuse they have endured. VAWA self-petitioners may also concurrently or subsequently apply for lawful permanent status.
Attorneys David F. Vedder and Silvia Manzanero prepared a compelling VAWA self-petition for their client, demonstrating that she had suffered both battery and extreme cruelty by her U.S. citizen abusive spouse.
However, this was only the first step in the two-part process. In this particular case, an old agency error jeopardized this immigrant woman’s chances of obtaining permanent residence. At an adjustment of status interview, attorney Manzanero persuasively explained the factual and legal arguments to the U.S. Immigration and Citizenship Services officer, who rightly approved her client’s permanent residence application.
As a self-petitioner spouse of a U.S. citizen who has been battered or subjected to battery and extreme cruelty, Manzanero’s client will be able to apply for citizenship after three years as a permanent resident.
Thursday, April 23, 2015
Attorneys Commitment to Pro Bono Legal Service at AILA’s 2015 Citizenship Day Event, in Jacksonville, Florida
Jacksonville, Florida:
For the second consecutive year, Attorneys Silvia Manzanero and Daniel Ross of David F. Vedder, P.A. volunteered at the Citizenship Day event at Florida Coastal College of Law in Jacksonville on April 18, 2015. The event was sponsored by the American Immigration Lawyers Association (AILA), in conjunction with Florida Coastal School of Law and Jacksonville Area Legal Aid.
Over the course of the day, approximately 100 individuals completed the paperwork necessary to become United States citizens. Attorneys Manzanero and Ross assisted several lawful permanent residents by reviewing their applications and assisting with fee waiver requests. The duo also helped train other attorneys less familiar with the nuances of naturalization law.
We would like to express our gratitude to everyone at Florida Coastal School of Law and Jacksonville Area Legal Aid for once again hosting a stellar event and for providing a venue for attorneys to deliver pro bono legal services.
At David F. Vedder, P.A. we pride ourselves in serving the community. We currently plan on hosting a Citizenship Day event in the Daytona Beach area in September of 2015.
David F. Vedder, P.A. attorneys Silvia Manzanero and Daniel Ross, with Florida Coastal
School of Law Adjunct Professor and Jacksonville Area Legal Aid staff attorney Kara Roberts.
Report: Private Prison Lobbyists Spend Millions To Keep Immigrants Locked Up
In 2010, the Department of Homeland Security adopted a bed quota that required Immigration and Customs Enforcement (ICE) to detain about 34,000 individuals on any given day. The quota certainly did not benefit immigrants -- but it did prove to be extraordinarily lucrative for the private prison companies that picked up the new business.
A report released last week by Grassroots Leadership, a Texas non-profit, details how private prison companies have spent five years lobbying the government, not only to maintain the quota, but to enact conservative immigration reform that would continue to ensure a steady flow of inmates into its detention centers.
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Wednesday, April 22, 2015
Leaders From Across U.S. Urge Court to End Injunction in Immigration Action Case
Multiple legal briefs are being filed today in support of ending the injunction against the Obama Administration’s expansion of deferred action. On February 16, 2015, a Texas federal judge issued a preliminarily injunction against the implementation of the expanded Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parents of Americans and Legal Permanent Residents (DAPA) initiatives. The Obama Administration is appealing that decision and has requested expedited consideration of the appeal. In anticipation, attorneys general, 181 members of congress, 73 mayors and county officials from 27 States, civil rights, and business leaders are all filing legal briefs in support of the Administration’s appeal.
Overall the briefs argue the case challenging executive action, led by the State of Texas, is based on unproven or incomplete presentations to the court and should be reversed
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Overall the briefs argue the case challenging executive action, led by the State of Texas, is based on unproven or incomplete presentations to the court and should be reversed
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Tuesday, April 21, 2015
Four Myths That Sen. Sessions Believes About Immigration to the United States
Nativist ideology is filled with falsehoods, half-truths, and distortions. From the impact of immigrants on the economy to the pace of their integration into U.S. society, the nativist creed more often than not gets it wrong. For example, consider the current chairman of the Senate’s immigration subcommittee, Sen. Jeff Sessions (R-AL). In an opinion piece in the Washington Post, titled “America needs to curb immigration flows,” Sen. Sessions displays four fundamental misunderstandings of the economic and social dynamics of immigration to this country: -
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Monday, April 20, 2015
Marco Rubio’s Complex History with Immigration Policy
This week, Senator Marco Rubio (R-Florida) became the latest candidate to announce his 2016 presidential bid, which he did from the Freedom Tower in Miami, Florida. Known as the Ellis Island of the South, Freedom Tower served Cuban refugees seeking political asylum from 1962-1974 and his presence there sought to highlight his immigrant roots, his parents’ journey from Cuba in the 1950s and their ability to achieve the American Dream. Yet, based on his legislative history and public statements, it’s difficult to determine which policies a President Rubio would advocate for.
See more at: http://immigrationimpact.com/2015/04/17/marco-rubios-complex-history-with-immigration-policy/#sthash.t22Uag8U.dpuf
ICE Director Saldaña Faces Critics in Congress
On Tuesday, new Immigration and Customs Enforcement (ICE) Director Sarah Saldaña, responsible for immigration enforcement inside the United States, testified for the first time to the U.S. House of Representatives’ Judiciary Committee. Saldaña defended ICE’s implementation of its new enforcement priorities, promised to convince local jurisdictions to cooperate with ICE, and received sharp questioning regarding ICE’s detention of Central American families and children fleeing violence, among other issues.
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H1-B Cap Filled in a Flash, Underscores Need for Immigration Reform
Today, U.S. Citizenship and Immigration Services (USCIS) announced that USCIS reached the “H-1B cap” for fiscal year 2016—meaning that in seven days, U.S. employers filed more petitions for an H1-B visa to hire a skilled foreign worker than the entire year’s allocation of visas available under current law.
Every year, U.S. employers seeking highly skilled foreign professionals submit their applications for the pool of H-1B visas USCIS makes available starting on April 1. Congress has set a statutory limit of 65,000 visas for new hires, and 20,000 additional visas for foreign professionals who graduate with a Master’s or Doctorate from a U.S. university. In recent years demand for H-1B visas has outstripped the supply and the cap has been quickly reached. This year is no exception. USCIS also noted that it received more than the limit of 20,000 H-1B petitions filed under the U.S. advanced degree exemption.
USCIS will use a lottery, on a date yet to be determined, to randomly select the petitions needed to meet the caps of 65,000 visas for the general category and 20,000 for the advanced degree exemption. However, first USCIS will complete initial intake for all filings received during the filing period, which ended today, April 7.
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Saturday, April 18, 2015
Four Things We Know About Rand Paul’s Immigration Policy Views
Senator Rand Paul (R-Kentucky) has entered the 2016 presidential race with the campaign slogan “defeat the Washington machine.” Yet his views and past legislative actions on immigration show that he is more likely to maintain the status quo of leaving reform in limbo rather than push forward meaningful reforms that harness the skills and talents immigrants bring to the U.S. Despite Sen. Paul’s public statements that the GOP needs to “welcome” immigrants, Sen. Paul’s actions during his first-term in congress highlight how he would rather put his energy behind enforcement measures than backing realistic, sensible policies to improve the well-being of all immigrants. Here are four things we know about Sen. Paul’s views on immigration
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Thursday, April 16, 2015
How Families Are Kept Apart by Current Immigration Laws
Family reunification has stood as a central pillar of the U.S. immigration system, dating back to 1965. Despite this, a new study by researchers Cecilia Menjivar and Maria Enchautegui shows that current immigration laws actually work to keep many families apart. Not surprisingly, the authors’ analysis reveals that immigrant households have a “high incidence of persons married with spouses absent, a high share of male-headed households, and high proportions of children not living with their parents or separated from the parents.”
In principle, our immigration law recognizes the right of U.S. citizens and lawful permanent residents to be reunited with close family members born abroad. By doing so, the law embraces the value of family life as a “matter of personal intimacy as much as physical support, of giving and receiving ‘care’ in the broadest sense.” However, a closer look at the actual impact of current immigration laws on families reveals that family reunification is threatened by various legal provisions, some of which reflect competing principles.
Specifically, the authors found that the following provisions sometimes frustrate the goal of family reunification:
Read more: http://immigrationimpact.com/2015/04/10/how-families-are-kept-apart-by-current-immigration-laws/
Wednesday, April 15, 2015
Firm Update: Attorneys Vedder and Ross Represent Albanian Asylee in Signifigant Immigration Court Case
Our attorneys represented the respondent in Matter of E__F__ which commenced in Immigration
Court in Miami; venue was transferred to Orlando. DHS filed charges seeking our client’s
removal for a conviction of a crime involving a controlled substance and a drug trafficking and
illicit trafficking aggravated felony.
The attorneys successfully argued that the conviction, conspiracy to possess cocaine with intent
to sell, is neither an aggravated felony nor a particularly serious crime and therefore respondent’s
asylum status could not be terminated. After spirited advocacy, the Immigration Judge agreed
and ordered proceedings terminated.
We anticipate our client’s release from detention at ICE/Baker in the near term.
Court in Miami; venue was transferred to Orlando. DHS filed charges seeking our client’s
removal for a conviction of a crime involving a controlled substance and a drug trafficking and
illicit trafficking aggravated felony.
The attorneys successfully argued that the conviction, conspiracy to possess cocaine with intent
to sell, is neither an aggravated felony nor a particularly serious crime and therefore respondent’s
asylum status could not be terminated. After spirited advocacy, the Immigration Judge agreed
and ordered proceedings terminated.
We anticipate our client’s release from detention at ICE/Baker in the near term.
Tuesday, April 14, 2015
The Economic and Political Impact of Immigrants, Latinos and Asians By State
Today, the American Immigration Council releases an additional 10 updated state fact sheets with accompanying infographics. Immigrants, Latinos, and Asians constitute large and growing shares of the U.S. workforce, tax base, business community, and electorate. These fact sheets highlight their contributions as workers, taxpayers, and entrepreneurs, as well as their expanding political power.
The most recently updated states follow:
Arkansas: http://www.immigrationpolicy.org/just-facts/new-americans-arkansas
Idaho: http://www.immigrationpolicy.org/just-facts/new-americans-idaho
Indiana: http://www.immigrationpolicy.org/just-facts/new-americans-indiana
Kansas: http://www.immigrationpolicy.org/just-facts/new-americans-kansas
Louisiana: http://www.immigrationpolicy.org/just-facts/new-americans-louisiana
Michigan: http://www.immigrationpolicy.org/just-facts/new-americans-michigan
Mississippi: http://www.immigrationpolicy.org/just-facts/new-americans-mississippi
Missouri: http://www.immigrationpolicy.org/just-facts/new-americans-missouri
South Carolina: http://www.immigrationpolicy.org/just-facts/new-americans-south-carolina
Wisconsin: http://www.immigrationpolicy.org/just-facts/new-americans-wisconsin
Additionally, the American Immigration Council has released 11 state fact sheets on the impact of President Obama's executive action on immigration. These fact sheets provide a snapshot of the potential number of applicants for the deferred action initiatives, and the economic benefits DAPA and DACA will bring to these states.
Delaware: http://immigrationpolicy.org/just-facts/immigration-executive-action-impact-states-delaware
Florida: http://www.immigrationpolicy.org/just-facts/immigration-executive-action-impact-states-florida
Indiana: http://www.immigrationpolicy.org/just-facts/immigration-executive-action-impact-states-indiana
Maine: http://immigrationpolicy.org/just-facts/immigration-executive-action-impact-states-maine
Missouri: http://immigrationpolicy.org/just-facts/immigration-executive-action-impact-states-missouri
Montana: http://immigrationpolicy.org/just-facts/immigration-executive-action-impact-states-montana
Nevada: http://www.immigrationpolicy.org/just-facts/immigration-executive-action-impact-states-nevada
North Dakota: http://immigrationpolicy.org/just-facts/immigration-executive-action-impact-states-north-dakota
Ohio: http://www.immigrationpolicy.org/just-facts/immigration-executive-action-impact-states-ohio
Texas: http://immigrationpolicy.org/just-facts/immigration-executive-action-impact-states-texas
West Virginia: http://immigrationpolicy.org/just-facts/immigration-executive-action-impact-states-west-virginia
The most recently updated states follow:
Arkansas: http://www.immigrationpolicy.org/just-facts/new-americans-arkansas
Idaho: http://www.immigrationpolicy.org/just-facts/new-americans-idaho
Indiana: http://www.immigrationpolicy.org/just-facts/new-americans-indiana
Kansas: http://www.immigrationpolicy.org/just-facts/new-americans-kansas
Louisiana: http://www.immigrationpolicy.org/just-facts/new-americans-louisiana
Michigan: http://www.immigrationpolicy.org/just-facts/new-americans-michigan
Mississippi: http://www.immigrationpolicy.org/just-facts/new-americans-mississippi
Missouri: http://www.immigrationpolicy.org/just-facts/new-americans-missouri
South Carolina: http://www.immigrationpolicy.org/just-facts/new-americans-south-carolina
Wisconsin: http://www.immigrationpolicy.org/just-facts/new-americans-wisconsin
Additionally, the American Immigration Council has released 11 state fact sheets on the impact of President Obama's executive action on immigration. These fact sheets provide a snapshot of the potential number of applicants for the deferred action initiatives, and the economic benefits DAPA and DACA will bring to these states.
Delaware: http://immigrationpolicy.org/just-facts/immigration-executive-action-impact-states-delaware
Florida: http://www.immigrationpolicy.org/just-facts/immigration-executive-action-impact-states-florida
Indiana: http://www.immigrationpolicy.org/just-facts/immigration-executive-action-impact-states-indiana
Maine: http://immigrationpolicy.org/just-facts/immigration-executive-action-impact-states-maine
Missouri: http://immigrationpolicy.org/just-facts/immigration-executive-action-impact-states-missouri
Montana: http://immigrationpolicy.org/just-facts/immigration-executive-action-impact-states-montana
Nevada: http://www.immigrationpolicy.org/just-facts/immigration-executive-action-impact-states-nevada
North Dakota: http://immigrationpolicy.org/just-facts/immigration-executive-action-impact-states-north-dakota
Ohio: http://www.immigrationpolicy.org/just-facts/immigration-executive-action-impact-states-ohio
Texas: http://immigrationpolicy.org/just-facts/immigration-executive-action-impact-states-texas
West Virginia: http://immigrationpolicy.org/just-facts/immigration-executive-action-impact-states-west-virginia
USCIS Message on Timing of DACA Renewal Applications
U.S. Citizenship and Immigration Services (USCIS) reminds recipients of Deferred Action for Childhood Arrivals (DACA) that their current period of DACA and employment authorization could expire if they wait too long to request renewal.
We strongly encourage you to submit your renewal request 150 to 120 days before your current period of DACA and employment authorization will expire. Timely filing will help ensure USCIS has sufficient time to consider your request.
On March 27, 2015, USCIS began mailing renewal reminder notices to DACA recipients 180 days prior to the expiration date of their current period of DACA. Previously, these reminder notices were mailed 100 days in advance.
USCIS continues to accept initial and renewal requests for two-year grants of DACA under the guidelines established in 2012. A federal district court order issued on February 16, 2015, enjoining USCIS from implementing the expanded DACA guidelines did not impact USCIS’ ability to continue processing DACA requests under the 2012 guidelines.
You may request renewal of DACA if you met the initial DACA guidelines and you:
Did not depart the United States on or after August 15, 2012, without advance parole;
Have continuously resided in the United States since you submitted your most recent, approved DACA request, up to the present time; and
Have not been convicted of a felony, a significant misdemeanor, or three or more misdemeanors, and do not otherwise pose a threat to national security or public safety.
Visit uscis.gov/daca or uscis.gov/acciondiferida to get updates and all the information you need to make an initial or renewal request for DACA.
We strongly encourage you to submit your renewal request 150 to 120 days before your current period of DACA and employment authorization will expire. Timely filing will help ensure USCIS has sufficient time to consider your request.
On March 27, 2015, USCIS began mailing renewal reminder notices to DACA recipients 180 days prior to the expiration date of their current period of DACA. Previously, these reminder notices were mailed 100 days in advance.
USCIS continues to accept initial and renewal requests for two-year grants of DACA under the guidelines established in 2012. A federal district court order issued on February 16, 2015, enjoining USCIS from implementing the expanded DACA guidelines did not impact USCIS’ ability to continue processing DACA requests under the 2012 guidelines.
You may request renewal of DACA if you met the initial DACA guidelines and you:
Did not depart the United States on or after August 15, 2012, without advance parole;
Have continuously resided in the United States since you submitted your most recent, approved DACA request, up to the present time; and
Have not been convicted of a felony, a significant misdemeanor, or three or more misdemeanors, and do not otherwise pose a threat to national security or public safety.
Visit uscis.gov/daca or uscis.gov/acciondiferida to get updates and all the information you need to make an initial or renewal request for DACA.
Texas judge accuses DOJ lawyers of 'misconduct' in immigration dispute
Politico reports that Judge Hanen, a federal judge in Texas, ruled yesterday that lawyers defending President Obama's executive actions on immigration engaged in "misconduct" by suggesting that the November 2014 actions had not yet been implemented. Court documents showed that 100,000 people applying or renewing their status under the original DACA program were given the three-year work permits authorized under the revised program.
Judge Hanen also denied the federal government's request for a stay, which was widely expected and is likely of little consequence, since a federal appeals court is scheduled to hear arguments on that issue next week.
Judge Hanen also denied the federal government's request for a stay, which was widely expected and is likely of little consequence, since a federal appeals court is scheduled to hear arguments on that issue next week.
Monday, April 13, 2015
The Court Decision on Deferred Action Everyone Should Be Talking About
Yesterday, in Crane v. Johnson, the Fifth Circuit Court of Appeals (the same court deciding whether or not to keep in place the preliminary injunction blocking the President’s executive actions) unanimously dismissed a lawsuit challenging the original 2012 Deferred Action for Childhood Arrivals (DACA) program. The court held that the plaintiffs in the case–the State of Mississippi and several Immigration and Customs Enforcement (ICE) officers displeased with the DACA program–lacked standing, or a sufficient legal interest, to bring the case. Yesterday’s ruling is a significant victory and could be a sneak preview into how the court will view the Texas-led challenge to the President’s more recent executive actions that are currently before it.
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Sunday, April 12, 2015
Immigrant’s Path to Permanent Residence Paved after Approval of his I-601A Waiver Application
Like thousands of immigrants coming to the United States every year, Sergio entered this country without proper immigration documents, fleeing a grim and dangerous future in Mexico, his country of birth. Sergio has been working ever since, learning English and becoming a contributing member of his local community.
Since Sergio married Allison, a U.S. born citizen, he also became her “personal guardian angel”, and the main income provider for a family that additionally includes Allison’s two young daughters, also U.S. citizens. Sergio and Allison are devoted to each other, to their children, and to their community.
Sergio, however, was not eligible to adjust his status to permanent resident in the U.S. because he was not “inspected and admitted.” Further, since he was unlawfully present in the U.S. for more than one year, Sergio was not eligible to obtain an immigrant visa for 10 years after he leaves the U.S.
This hard-working family, like many in our country, could have been broken apart indefinitely by immigration laws, but for the new I-601A Provisional Unlawful Presence Waiver. This program, implemented by the Obama administration in 2013, was developed with the intent to protect family unity, and to prevent devastating periods of separation often associated with the traditional I-601 waiver process, which requires the applicant to be outside the United States at the time of application and wait for the waiver’s adjudication.
To obtain a provisional unlawful presence waiver, the applicant must be present in the United States, be the immediate relative of a U.S. citizen, and be the beneficiary of an approved immigrant petition giving him an immediately available immigrant visa number. The applicant must also demonstrate that his only ground of inadmissibility is accrued unlawful presence in the United States. No other ground of inadmissibility can be waived by the I-601A provisional waiver.
Finally, the applicant must also demonstrate that his/her U.S. citizen spouse or parent may suffer “extreme hardship” in the event of the applicant’s removal or inability to immigrate to the United States. Developing a convincing “extreme hardship” waiver most often requires the assistance of an experienced immigration attorney, often collaborating with other professionals.
Attorney Silvia Manzanero represented Sergio and Allison in their immigration case seeking espousal classification, a provisional waiver of inadmissibility and immigrant visa issuance.
Manzanero prepared a compelling case that clearly demonstrated the extreme economic, emotional, health hardships that Allison would suffer if Sergio is removed or if this family of four is forced to relocate to Mexico. The United States Citizenship and Immigration Services approved Sergio’s waiver last August 28th, 2014.
On February 3, 2015, Sergio successfully completed the final step in this three-phases process, immigrant visa issuance at the U.S. Consulate in Ciudad Juarez, Mexico. Sergio recently entered the United States, this time lawfully as a resident. Sergio can finally live and work as a permanent resident in this country, with his spouse and their two daughters.
Sergio’s immigration case included one of the numerous inadmissibility waiver applications that attorneys at David F. Vedder P.A., have successfully prepared for clients from all over the world.
Since Sergio married Allison, a U.S. born citizen, he also became her “personal guardian angel”, and the main income provider for a family that additionally includes Allison’s two young daughters, also U.S. citizens. Sergio and Allison are devoted to each other, to their children, and to their community.
Sergio, however, was not eligible to adjust his status to permanent resident in the U.S. because he was not “inspected and admitted.” Further, since he was unlawfully present in the U.S. for more than one year, Sergio was not eligible to obtain an immigrant visa for 10 years after he leaves the U.S.
This hard-working family, like many in our country, could have been broken apart indefinitely by immigration laws, but for the new I-601A Provisional Unlawful Presence Waiver. This program, implemented by the Obama administration in 2013, was developed with the intent to protect family unity, and to prevent devastating periods of separation often associated with the traditional I-601 waiver process, which requires the applicant to be outside the United States at the time of application and wait for the waiver’s adjudication.
To obtain a provisional unlawful presence waiver, the applicant must be present in the United States, be the immediate relative of a U.S. citizen, and be the beneficiary of an approved immigrant petition giving him an immediately available immigrant visa number. The applicant must also demonstrate that his only ground of inadmissibility is accrued unlawful presence in the United States. No other ground of inadmissibility can be waived by the I-601A provisional waiver.
Finally, the applicant must also demonstrate that his/her U.S. citizen spouse or parent may suffer “extreme hardship” in the event of the applicant’s removal or inability to immigrate to the United States. Developing a convincing “extreme hardship” waiver most often requires the assistance of an experienced immigration attorney, often collaborating with other professionals.
Attorney Silvia Manzanero represented Sergio and Allison in their immigration case seeking espousal classification, a provisional waiver of inadmissibility and immigrant visa issuance.
Manzanero prepared a compelling case that clearly demonstrated the extreme economic, emotional, health hardships that Allison would suffer if Sergio is removed or if this family of four is forced to relocate to Mexico. The United States Citizenship and Immigration Services approved Sergio’s waiver last August 28th, 2014.
On February 3, 2015, Sergio successfully completed the final step in this three-phases process, immigrant visa issuance at the U.S. Consulate in Ciudad Juarez, Mexico. Sergio recently entered the United States, this time lawfully as a resident. Sergio can finally live and work as a permanent resident in this country, with his spouse and their two daughters.
Sergio’s immigration case included one of the numerous inadmissibility waiver applications that attorneys at David F. Vedder P.A., have successfully prepared for clients from all over the world.
Thursday, April 9, 2015
Politico: Texas Judge Accuses DOJ Lawyers of 'Misconduct' in Immigration Dispute
Politico reports that Judge Hanen, a federal judge in Texas, ruled yesterday that lawyers defending President Obama's executive actions on immigration engaged in "misconduct" by suggesting that the November 2014 actions had not yet been implemented. Court documents showed that 100,000 people applying or renewing their status under the original DACA program were given the three-year work permits authorized under the revised program. Judge Hanen also denied the federal government's request for a stay, which was widely expected and is likely of little consequence, since a federal appeals court is scheduled to hear arguments on that issue next week. For more information, visit AILA's Resources on Texas v. United States. Read this story and more in AILA's daily immigration news clips.
Read full article here
Read full article here
Hunger-striking immigrant moms and kids allege retaliation
Lawyers and advocacy groups allege that women and children held at an immigrant family detention center in South Texas are now facing retaliation for staging a hunger strike that has garnered national attention.
Supporters of the nearly 300 women and children currently held at the Karnes County Residential Center allege that the mothers have faced tactics of intimidation and isolation since launching what they call a Holy Week Fast earlier this week. At least three women were singled out and taken to the medical infirmary with their children, ages 11, 10 and 2.
Immigration and Customs Enforcement denies that any hunger strike is underway at Karnes, and said the agency is not aware that any women have fully refrained from eating at either the dining hall or in common living areas.
Read more from MSNBC
Wednesday, April 8, 2015
USCIS Message: Be Aware of Immigration
Dear Stakeholder,
As you may know, a federal district court in Texas issued a temporary injunction on February 16,
2015, which prevents USCIS from implementing expanded guidelines for Deferred Action for
Childhood Arrivals (DACA). Until further notice, the court order prevents U.S. Citizenship and
Immigration Services (USCIS) from accepting requests under the expanded DACA guidelines, which was originally planned to begin on February 18. The temporary injunction also requires USCIS to
suspend plans to accept requests for Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) beginning this May.
Given the court order, USCIS urges customers and stakeholders to beware of scammers who may
spread false information and mislead people by charging for unnecessary services. These scams can
occur in person or over the telephone or Internet. In some cases they can even be tied to legitimate
services. Protect yourself and your loved ones from an immigration services scam. To learn how to recognize, avoid, and report scams, and how to find authorized legal assistance, go to uscis.gov/avoidscams. You can also find educational resources that you can share in your community.
If you believe you have been the victim of an immigration services scam, please report this scam to the U.S. Federal Trade Commission at ftccomplaintassistant.gov.
Kind Regards,
Public Engagement Division
US Citizenship and Immigration Services
As you may know, a federal district court in Texas issued a temporary injunction on February 16,
2015, which prevents USCIS from implementing expanded guidelines for Deferred Action for
Childhood Arrivals (DACA). Until further notice, the court order prevents U.S. Citizenship and
Immigration Services (USCIS) from accepting requests under the expanded DACA guidelines, which was originally planned to begin on February 18. The temporary injunction also requires USCIS to
suspend plans to accept requests for Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) beginning this May.
Given the court order, USCIS urges customers and stakeholders to beware of scammers who may
spread false information and mislead people by charging for unnecessary services. These scams can
occur in person or over the telephone or Internet. In some cases they can even be tied to legitimate
services. Protect yourself and your loved ones from an immigration services scam. To learn how to recognize, avoid, and report scams, and how to find authorized legal assistance, go to uscis.gov/avoidscams. You can also find educational resources that you can share in your community.
If you believe you have been the victim of an immigration services scam, please report this scam to the U.S. Federal Trade Commission at ftccomplaintassistant.gov.
Kind Regards,
Public Engagement Division
US Citizenship and Immigration Services
Monday, April 6, 2015
The H-1B Visa Program: A Primer on the Program and its Impact on Jobs, Wages, and the Economy
Washington D.C.– Today, the American Immigration Council releases The H-1B Visa Program: A Primer on the Program and its Impact on Jobs, Wages, and the Economy<http://wfc2.wiredforchange.com/dia/track.jsp?v=2&c=yOsiQljDsyfjsYfL7gGVXCdnzh7KXWJo>. This fact sheet provides an overview of the visa and application process and discusses the important role that H-1B workers play in our economy.
Today also marks the day that U.S. employers seeking highly skilled foreign professionals can start submitting their petitions for H-1B visas. If recent history is any indication, the available pool of H-1Bs will run dry in a matter of days. The statutory limit for H-1Bs stands at 65,000 for new hires, plus an additional 20,000 for foreign professionals who earn a graduate degree from a U.S. university. This numerical cap, which dates back to 1990, falls far short of demand—which is unfortunate given the contributions that H-1B workers make to the U.S. economy. H-1B workers are associated with higher wages and lower unemployment for native-born workers—and they add billions of dollars to the U.S. Gross Domestic Product (GDP).
To view the fact sheet, see:
* The H-1B Visa Program: A Primer on the Program and its Impact on Jobs, Wages, and the Economy
Today also marks the day that U.S. employers seeking highly skilled foreign professionals can start submitting their petitions for H-1B visas. If recent history is any indication, the available pool of H-1Bs will run dry in a matter of days. The statutory limit for H-1Bs stands at 65,000 for new hires, plus an additional 20,000 for foreign professionals who earn a graduate degree from a U.S. university. This numerical cap, which dates back to 1990, falls far short of demand—which is unfortunate given the contributions that H-1B workers make to the U.S. economy. H-1B workers are associated with higher wages and lower unemployment for native-born workers—and they add billions of dollars to the U.S. Gross Domestic Product (GDP).
To view the fact sheet, see:
* The H-1B Visa Program: A Primer on the Program and its Impact on Jobs, Wages, and the Economy
Friday, April 3, 2015
Changes to U and T Nonimmigrant Visa Categories as Part of President Obama’s Action Initiative.
The Obama administration has included two important changes with respect to U and T visas for victims of crime in the workplace and trafficking as part of its administrative reform, by expanding the DOL’s U visa certification protocol to include three additional qualifying criminal activities, and committing to certification of T visas. It has also established an interagency task force to protect immigrant workers from employers who exploit their immigration status when they seek to exercise their workplace rights.
The DOL has posted a fact sheet here: http://www.dol.gov/dol/fact-sheet/immigration/u-t-visa.htm. The fact sheet specifies that these changes will be enacted in 2015.
Among the DOL’s changes include:
• Expand its existing U visa certification program by certifying requests that include: extortion, fraud in foreign labor contracting, and forced labor. (Although forced labor is not specifically enumerated in the U visa statute, it should be considered substantially similar to involuntary servitude. See, e.g. United States v. Bradley, 390 F.3d 145 (1st Cir. 2004)).
• Certify applications for trafficking victims seeking T visas when human trafficking activity is detected in the course of the Wage and Hour Division’s workplace investigations. The DOL will publish a Federal Register notice delegating authority to issue T visa certifications and will amend procedures and protocol to reflect these changes.
The Obama administration has also announced the establishment of an interagency working group addressing consistent enforcement of federal labor, employment, and labor laws, which will seek to ensure that federal enforcement authorities are not used to undermine worker protections through the use of immigration authorities in labor disputes, and strengthening processes for staying the removal and providing temporary work authorization for undocumented workers asserting workplace claims. See: http://www.dol.gov/dol/fact-sheet/immigration/interagency-working-group.htm.
The DOL has posted a fact sheet here: http://www.dol.gov/dol/fact-sheet/immigration/u-t-visa.htm. The fact sheet specifies that these changes will be enacted in 2015.
Among the DOL’s changes include:
• Expand its existing U visa certification program by certifying requests that include: extortion, fraud in foreign labor contracting, and forced labor. (Although forced labor is not specifically enumerated in the U visa statute, it should be considered substantially similar to involuntary servitude. See, e.g. United States v. Bradley, 390 F.3d 145 (1st Cir. 2004)).
• Certify applications for trafficking victims seeking T visas when human trafficking activity is detected in the course of the Wage and Hour Division’s workplace investigations. The DOL will publish a Federal Register notice delegating authority to issue T visa certifications and will amend procedures and protocol to reflect these changes.
The Obama administration has also announced the establishment of an interagency working group addressing consistent enforcement of federal labor, employment, and labor laws, which will seek to ensure that federal enforcement authorities are not used to undermine worker protections through the use of immigration authorities in labor disputes, and strengthening processes for staying the removal and providing temporary work authorization for undocumented workers asserting workplace claims. See: http://www.dol.gov/dol/fact-sheet/immigration/interagency-working-group.htm.
Thursday, April 2, 2015
The H-1B Visa Program: A Primer on the Program and its Impact on Jobs, Wages, and the Economy
Washington D.C.– Today, the American Immigration Council releases The H-1B Visa Program: A Primer on the Program and its Impact on Jobs, Wages, and the Economy. This fact sheet provides an overview of the visa and application process and discusses the important role that H-1B workers play in our economy.
Today also marks the day that U.S. employers seeking highly skilled foreign professionals can start submitting their petitions for H-1B visas. If recent history is any indication, the available pool of H-1Bs will run dry in a matter of days. The statutory limit for H-1Bs stands at 65,000 for new hires, plus an additional 20,000 for foreign professionals who earn a graduate degree from a U.S. university. This numerical cap, which dates back to 1990, falls far short of demand—which is unfortunate given the contributions that H-1B workers make to the U.S. economy. H-1B workers are associated with higher wages and lower unemployment for native-born workers—and they add billions of dollars to the U.S. Gross Domestic Product (GDP).
To view the fact sheet, see:
The H-1B Visa Program: A Primer on the Program and its Impact on Jobs, Wages, and the Economy (April 2015)
Today also marks the day that U.S. employers seeking highly skilled foreign professionals can start submitting their petitions for H-1B visas. If recent history is any indication, the available pool of H-1Bs will run dry in a matter of days. The statutory limit for H-1Bs stands at 65,000 for new hires, plus an additional 20,000 for foreign professionals who earn a graduate degree from a U.S. university. This numerical cap, which dates back to 1990, falls far short of demand—which is unfortunate given the contributions that H-1B workers make to the U.S. economy. H-1B workers are associated with higher wages and lower unemployment for native-born workers—and they add billions of dollars to the U.S. Gross Domestic Product (GDP).
To view the fact sheet, see:
The H-1B Visa Program: A Primer on the Program and its Impact on Jobs, Wages, and the Economy (April 2015)
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