"Never Say Never"... to Justin Bieber's deportation?

Celebrities such as Lindsay Lohan, Nicolas Cage, and Paris Hilton often make the news when they get on the wrong side of the law. But the recent arrest of Justin Bieber, on allegations of drag racing and driving under the influence of alcohol, marijuana, and prescription drugs, could lead to more serious consequences than just a fine or jail time.

... Except the Miami Beach PD, that is.
Photo used under Creative Commons license from @jiposhy on Flickr.

Bieber is Canadian, and does not hold U.S. citizenship. He is currently in the U.S. on a temporary visa, based on his extraordinary musical abilities. However, because Justin hasn't been formally charged yet, it is unclear whether the offenses would impact his immigration status. Non-citizens in the U.S., such as Bieber, may face deportation or become ineligible for certain types of immigration relief after being convicted of certain crimes. These crimes are formally named "aggravated felonies" or "crimes of moral turpitude" in the law. Although those titles sound serious, some relatively commonplace acts can result in criminal convictions under those categories.

For more news about Justin Bieber's arrest, read this CNN article.

If you are interested in applying for immigration status based on extraordinary ability in the sciences, arts, education, business, or athletics (an O visa), Glickman Turley may be able to help you. Even if you aren't a musical sensation, if you are an immigrant facing criminal charges, or if you are an immigrant who already has a criminal record, then it is important for you to talk to an attorney about your immigration status. Contact us today to see how we may be able to help.

Immigration Relief for Military Families

Photo credit Official U.S. Navy Imagery on Flickr.

Under a new policy released last week, the spouses, children, and parents of active military troops and veterans are now eligible to apply for legal immigration status.

Spouses and relatives of citizens and green card holders could apply for status. But under existing law, undocumented immigrants have to leave the country while their status is pending, sometimes for years at a time. This new policy means that relatives of troops and veterans can apply from within the country under a status known as "parole in place."

Changes to immigration laws have not yet been realized. The Senate passed an immigration reform bill earlier this year, but the House seems unlikely to take action on it. Some have speculated that, because of the lack of Congressional action, President Obama will attempt to reform immigration through smaller policy changes such as this.

For more information, please see this New York Times article and this Associated Press article. 

The right (not to) bear arms

Did you know that when someone applies to be a citizen of the United States, he or she must take an oath to bear arms in defense of the country?

Margaret Doughty, a longtime permanent resident of the U.S., recently risked her chance at U.S. citizenship by objecting to the oath. Ms. Doughty is an atheist who has a moral opposition to war. When she wrote on her application for naturalization that she did not want to take the oath, USCIS responded by asking her to prove it by submitting a note on church stationery stating that she was "a member in good standing" of a nonviolent religious organization.

Ms. Doughty, as an atheist, did not want to join a church just to get citizenship. Instead, she explained her rationale this way:

“I am sure the law would never require a 64 year-old woman like myself to bear arms, but if I am required to answer this question, I cannot lie. I must be honest. The truth is that I would not be willing to bear arms. Since my youth I have had a firm, fixed and sincere objection to participation in war in any form or in the bearing of arms. I deeply and sincerely believe that it is not moral or ethical to take another person’s life, and my lifelong spiritual/religious beliefs impose on me a duty of conscience not to contribute to warfare by taking up arms ... my beliefs are as strong and deeply held as those who possess traditional religious beliefs and who believe in God ... I want to make clear, however, that I am willing to perform work of national importance under civilian direction or to perform noncombatant service in the Armed Forces of the United States if and when required by the law to do so.”

After much media attention and letters from organizations such as the American Humanist Association and Freedom From Religion Foundation, USCIS backed down and allowed Ms. Doughty's objection to stand. Her naturalization ceremony is scheduled for later this week.

Same-Sex Marriage and Adoption in the News

Russia appears poised to expressly deny adoptions of Russian children by same-sex foreign couples.  The measure is in a parliamentary committee, and has the support of President Vladimir Putin.  All Americans, regardless of sexualorientation, are barred from adoption in Russia, a 2012 retaliatory gesture after the US imposed sanctions on Russia for human rights abuses.

France and New Zealand passed same-sex marriage measures this week, as well as the Senate of the US state of Rhode Island, where final approval is imminent.  Rhode Island will mark the 10^th US state to approve marriage equality, and the last of all six New England states. 

While same-sex couples can enjoy certain rights in ten US states and the District of Columbia, there still remain inequalities at the federal level.  LGBT advocates in the US are anticipating a ruling on two cases before the US Supreme Court (Hollingsworth v. Perry and Windsor v. United States) which are direct challenges to the Defense of Marriage Act (DOMA.)

Should DOMA be overturned, Glickman Turley looks forward to assisting bi-national same-sex married couples in negotiating equal access to immigration laws.  We also look forward to the day when our services for same-sex, co-parent adoption are no longer necessary.

Border Security is the Compromise for a Path to Citizenship

The Senate has come to a compromise on bill language, the New York Times reported today. In exchange for a path to citizenship for many immigrants currently in the US, the senators want to strengthen border security, at huge expense to taxpayers. The estimated $3.5 billion plan includes a mandatory worker verification system, an electronic visa system at all entry and exit ports to the US, and surveillance capabilities along the entire length of the U.S. border.

While the plan does offer undocumented immigrants an opportunity to apply for green cards, this plan would also make them wait ten years before they could begin to apply. Even worse, the availability of applications may depend on whether the border security programs are operational.

The senators seem to agree with the idea that undocumented immigrants should be given a way to become American citizens. However, this plan seems to thwart that goal. How will people manage to work when there is a mandatory verification system? Will they be able to visit their families during the 10-year waiting period, or will they be blocked by the electronic visa system? This bill is in its early stages, and there is no guarantee that the final result will have any of these provisions.

How to Read a USCIS Processing Time Report

The United States Citizenship and Immigration Services (USCIS) publishes a monthly report on processing times at its service centers.  The Service Centers may vary according to which type of application you are submitting.  In New England, a variety of applications are processed at the Vermont Service Center, which released a new Time Report on April 3 with processing dates as of 2/28/13. 

So, how do you read a Time Report?  There are four columns:  “Form,” “Title of Form,” “Classification or Basis for Filing,” and “Processing Timeframe.”  Make sure you have the right form number and classification.  The processing dates represent the receipt dates of petitions and applications currently being processed by the Service Center.  If a certain type of application is being completed within USCIS target timeframes, the timeframe of days, weeks, or months will be shown.  If a USCIS service center doesn't meet the target timeframe, a date will be shown (January 1, 2009) to indicate what cases they are currently processing. 

For example, USCIS set a goal to complete an I-765 Employment Authorizations for Asylum Seekers within 3 weeks, and the service center is meeting this goal, so the processing report shows “3 weeks.”  Notice that the processing times may vary greatly for the same form, but a different classification.  For example, the processing time for an I-765 for someone who has a pending adjustment of status application (I-485) is three months.

For an example where USCIS is not meeting its processing goal, look at the processing time for an I-130 Petition for a U.S. citizen filing for a spouse, parent, or child under 21.  In the column for “Processing Timeframe,” the date listed is “August 6, 2012,” which means that USCIS is processing applications received on August 6, 2012.  

Most Americans In Favor of Immigration Reform

Most Americans support immigration reform, according to a new study by the Public Religion Research Institute. The study found that only seven percent of Americans believe that the immigration system is generally working, and even more conservative groups showed surprising support for immigration reform. A majority of Republicans, Democrats, and independents all reported that they would support an earned path to citizenship for people who are currently undocumented but want to stay in the United States.

The survey showed that most Americans care about the same values in changes to immigration laws, including keeping families together, national security, and promoting personal dignity.  Nearly two-thirds of Americans supported the core provisions of the DREAM Act: that undocumented immigrants should be able to gain legal permanent resident status if they join the U.S. military or go to college. Vice President Joe Biden, in a recent speech, also encouraged policies that would allow undocumented people a legal path to citizenship, and spoke in favor of granting green cards to STEM (science, technology, engineering, and math) graduates.

Younger Americans, especially those between the ages of 18 and 29, agreed with positive statements about immigration more often than older people did. Significantly, nearly 7 in 10 people under age 30 said that immigrants strengthen American culture. Younger Americans were also more likely to say that immigrants who have a gay or lesbian spouse currently living in the U.S. with legal status should be given priority in immigration.

Read more about the survey at the New York Times.

Obama Agrees to Stop Deportation of Many Young Immigrants

The Obama administration announced Thursday that it would suspend deportation proceedings against many illegal immigrants who pose no threat to national security or public safety, according to a recent New York Times article.

The purpose of this policy is to allow the Department of Homeland Security's (DHS) Immigration and Customs Enforcement (ICE) agency to devote its resources to deporting high-priority immigrants, such as those with criminal records.

This relief will allow many immigrant children to remain in the United States, especially if they have lived in the U.S. for many years and have gone to school or want to go to school in the U.S.

Glickman Turley attorneys represent immigrants in all immigrantion matters. We represent immigrants in deportation and removal proceedings on applications for cancellation of removal, asylum, withholding of removal, protection under the United Nations Convention Against Torture, adjustment of status, voluntary departure and other matters.

Please contact us if you would like to discuss your immigration status. We will continue to follow this excellent delevelopment for young immigrants and hope for more progress in reforming the immigration system.