Obama considers relief for undocumented residents with children

President Obama announced that he has instructed the Department of Homeland Security to review deportation policy to see if it can be made more humane.  One possibility would be to suspend deportation of undocumented residents who have children whom were brought to the United States when they were very young. Senator Robert Menendez called on President Obama to "halt needless deportations that are splitting apart our families and communities."  Other advocates urged the President to slow the record number of deportations and halt the need to place children whose parents have been deported in foster care.

For more information, read http://www.nytimes.com/2014/03/14/us/obama-orders-review-of-deportations.html

Immigration reform set to return in 2014

The Republican-controlled House of Representatives wrapped up its work on Thursday with no progress made on immigration reform.  However, both parties gave assurances that they tackle this thorny issue early next year.  Supporters of immigration reform held sit-ins in the Capitol on Thursday and visited with other activists who have been fasting to protest the lack of a vote in the House.

House speaker John Boehner appeared to signal a major break from right-wing conservatives on Thursday after they opposed his efforts to reach a deal with Democrats over the federal budget.  The House has shied away from a comprehensive plan, in favor of a more piecemeal approach.

Experts in immigration reform believe that Boehner is preparing to work with Democrats on the issue in the New Year.  Only last week, Boehner appointed a high-profile immigration expert, Becky Tallent, who worked for senator John McCain when he last tried to pass comprehensive immigration reform under President George W. Bush.  It seems unlikely that Ms. Tallent would have taken the job unless there was a plan in place to move forward on immigration reform in 2014.

The White House has continued to promote reform.  Democrats have hinted at possible concessions they may be willing to make in order to come to an agreement on an immigration reform bill.

Max Sevillia, policy director at the Naleo Educational Fund, said “If Republicans ever want to have a president again, they need to pay attention to the Latinos.”

Let’s hope that the Senate and House make immigration reform a reality in 2014.

For more on this subject, see this article published on Thursday in the New York Times and another one published today in The Guardian. 

Most Americans Support Path to Citizenship, Study Finds

The Public Religion Research Institute found that 63% of Americans supported a path to citizenship for people currently living in the U.S. without legal immigration status. The survey, published today, showed that support is widespread among people of different political parties, religions, and geographic locations within the U.S.

We'd like a path to citizenship, but we're not out of the woods yet.
Photo credit @StooMathiesen on flickr; used under Creative Commons license.

Only about one-fifth of the people surveyed wanted to increase harsh immigration enforcement strategies such as deportations. Even fewer numbers of people liked the idea of allowing undocumented people to gain green cards, but not full citizenship.

More people said they felt that the U.S. immigration system is "completely broken" in response to this survey, conducted in November, than they did in March of this year.

Survey respondents continued to be divided on the question of increased border security and fence construction, with about half in favor and slightly less than half opposed.

To learn more, visit the Public Religion Research Institute's website, and for more information on this survey please read the related article at the New York Times.

Asylum Changes May Come With Immigration Reform

Immigration reform may affect not only people in this country without documents and skilled technical workers, but also people seeking to escape persecution in their home countries. Congress is considering several changes to the law of asylum.

Right now, people who want to apply for asylum status must submit their applications within one year of entering the United States, or else their applications may be denied. This deadline for applications causes trouble for many asylum seekers. The current version of the Senate bill, which was recently approved in committee, would end that deadline. It could also give a second chance to people whose applications have been denied because they did not file their applications on time.

Another provision would take away a grant of asylum from anyone who returns to their home country without a good reason for doing so. Because the Boston bombing suspect Tamerlan Tsarnaev visited Dagestan after receiving asylum in the United States, authorities are worried about visits to conflict-prone areas. However, this could cause lots of trouble for people who return to their home countries, even at great risk to themselves, to visit family or dying relatives.

The Senate bill may also increase asylum officers' power to resolve disputes, and impose stricter checks and security measures on people seeking asylum.

To read more, click here. If you are considering applying for asylum, contact Glickman Turley for information on how we may be able to help.

Possibility of Second Chances for Deportees

Legislators are considering adding a provision to the immigration reform bill that would offer a new opportunity for previously deported people to return to the United States. To qualify, deportees would need to have a child, parent, or spouse with legal permanent resident status or U.S. citizenship, and be free of serious criminal convictions. This group would possibly also include people who first arrived in the U.S. before age 16.

This provision is highly controversial, and some people believe it would give an unfair second chance to people who already broke immigration laws. Others feel it is necessary to enable families to be reunited. Conservative lawmakers are still insisting that border security must be the first priority, and granting paths to citizenship should be conditional on achieving certain targets of border security. However, the bill is far from done; senators have filed at least three hundred potential changes, according to the Washington Post.

One of those possible changes would allow U.S. citizens to petition for their same-sex spouses to get green cards. This would allow same-sex couples to have equivalent ability to petition for their spouses as opposite-sex couples have, regardless of what happens with the Supreme Court decision on DOMA.

Lawyers at Glickman Turley LLP are closely following the immigration bill, and we look forward to advising immigrants of their options under the new law.

Administrative Appeals Office gives some consideration to "extreme hardship" faced by applicant's domestic partner of 17 years

In a recent decision, the Administrative Appeals Office sustained an appeal of a waiver application of a Mexican man who presented false documents to enter the country in 1993.  In order to obtain a waiver of inadmissibility under 212(i), an applicant has to show that the bar to admission imposes "extreme hardship" on a qualifying relative, which in the case of fraud can only be a parent or spouse of the applicant.  

Even though the applicant had a domestic partner of 17 years, the court's primary focus was on the hardship to his mother.  However, the applicant's counsel did present evidence that the domestic partner would suffer emotional and physical hardship. The court explained, "The AAO may give some consideration to the applicant's relationship as a family tie to the United States.  In this case, however, impacts to the applicant may not be considered except for the indirect impacts they have on qualifying relatives, in this case, the applicant's mother.  The AAO finds it reasonable to accept that the applicant's mother views her son's relationship with his domestic partner as a marriage, and it finds it equally reasonable to expect that she would experience an emotional impact due to her son being separated from his partner."  

Hopefully, immigration reform and/or or a decision by the Supreme Court will finally address these kinds of disparities in the treatment of heterosexual and homosexual couples.  

AILA Warns of Notario Fraud

The American Immigration Lawyers Association (AILA), the national bar association for immigration attorneys, has set up a website dedicated to educating the public about the dangers of immigration fraud.  The website is www.stopnotariofraud.org. 

Only licensed lawyers or accredited representatives are authorized (and qualified) to assist clients with their immigration matters.  An accredited representative is not a licensed lawyer but can provide limited assistance in immigration matters work for a recognized organization and are authorized by the Board of Immigration Appeals (BIA).  

In Latin American countries, “notario publicos” are qualified lawyers who can provide a variety of consumer and legal services.  They issue judicial opinions, ensure payment of taxes, and certify legal documents such as wills, deeds and real estate purchases.  In the United States, however, people posing as notarios lack licenses and training.  Using a Notario on an immigration case can be very damaging.  Making mistakes on an asylum or residency application could lead to someone's deportation.  Trying to undo the mistakes that someone has made can be very complicated and end up costing someone a lot of money. 

With comprehensive immigration reform in the news, there is a very real possibility that notarios and other unauthorized consultants will try to take advantage of the public.  AILA warns that people should be wary of people claiming that the new law is already in place.  Check out these FAQs for more information.  If you have questions or concerns about your immigration case, please contact us to set up a consultation.

First Draft of Immigration Reform Bill

On Wednesday this week, a bipartisan group of Senators filed an 844 page immigration bill on the Senate floor, setting the stage for months of public debate over the proposal.  The bill, called the Border Security, Economic Opportunity and Immigration Modernization Act of 2013, is complicated and full of mechanisms meant to tackle border security, the allocation of visas, methods of employment verification and the much-debated citizenship path.

The first part of the bill focuses on border security with the stated goal of achieving and maintaining effective control in high-risk sectors along the Southern border.  The bill would appropriate significant funding for border security, including revamping surveillance systems and detection capabilities, hiring additional border patrol agents, using unmanned aerial systems to patrol the border, and erecting additional fencing.

The second part of the bill addresses legalization and legal immigration.  The bill would allow undocumented immigrants to adjust their status to the legal status of Registered Provisional Immigrant (RPI).  An individual would be eligible if they resided in the U.S. prior to December 31, 2011 and maintained continuous presence since then.  RPIs would have to pay a $500 penalty fee (except for DREAM Act eligible students) and assessed taxes, in addition to the application fee.  Applicants would be ineligible if convicted of a felony, three or more misdemeanors or an offense under foreign law; if they had unlawfully voted; or if they are inadmissible for other criminal, national security, public health or morality grounds. 

Spouses and children of people in RPI status could derive status from the principal applicant, but would have to be living in the U.S. at the time of application.  Individuals currently in removal proceedings and with removal orders would be allowed to apply.  Interestingly, it also allows individuals outside of the U.S. who were previously here before December 31, 2011 and were deported for non-criminal reasons to reapply to re-enter the U.S. as an RPI if they were the spouse, parent or childe of a U.S. Citizen or Lawful Permanent Resident.

The proposed application period to apply for RPI status would be 1 year with the possibility of an additional 1-year extension.  RPIs would be allowed to work for any employer and travel freely outside of the U.S.  RPI status would last for a 6-year term and would be renewable so long as the immigrant did not commit any act that would render him/her deportable.  The RPI would have to pay another $500 fine in order to renew. 

After 10 years, RPIs would be able to adjust to Lawful Permanent Resident Status as long as they had maintained continuous physical presence, paid all taxes owed during the period they were RPIs, worked regularly in the U.S., demonstrated requisite knowledge of Civics and English, and paid a $1,000 penalty.  People in DREAM Act Status and the Agricultural Program would be able to get their green cards in 5 years.  DREAM Act children would be eligible for citizenship immediately after they got their green cards.

The bill addresses a number of other areas of immigration reform.  It purports to eliminate the backlog for family and employment-based immigrants.  It also establishes a merit based visa after 5 years of enactment.  The bill is far too dense to discuss it in full in this posting.  It is certainly a good starting point, but also something that needs to be discussed further, nurtured and improved upon. 

Senators May File Immigration Bill Today

Today the "Gang of 8" lawmakers may release their draft bill. Even Sen. Marco Rubio is said to support this negotiated compromise to immigration reform.

The bill is rumored to address topics previously reported in the media, including a ten-year waiting period for undocumented immigrants; a multi-million dollar increase in border security funding; and special provisions for "DREAMers," or children who do not have legal status but have been raised and educated as Americans. The bill may also include special provisions for agricultural and other workers. Businesses are pushing for increased visa eligibility for engineers and tech workers, which would help immigrant entrepreneurs. Unfortunately, the bill could also end the "diversity visa" program and reduce the availability of visas for family members of U.S. citizens.

However, even when the Senate bill is released, this first draft could look significantly different from the final version. A poll by the Washington Post shows popular support for a "path to citizenship," but that issue is still contentious within Congress.

Immigration Reform Needs to Include Everyone

As Congress debates, negotiates, and writes immigration reform legislation, various groups of people are working to make sure their interests are included.

Tech companies are interested in making sure they can hire the best immigrant workers. LGBT couples would like specific provisions to ensure family unity. Supporters of the "DREAM Act" want to make sure that undocumented students and young people have the opportunity to gain legal status. It is unclear whether Congress will emphasize family connections or work skills in deciding who gets priority in becoming a citizen.

Do you have opinions on how immigration reform should proceed? What would you like included? Click here to find out how to contact your Senator and Representative. If you have questions about your rights under current immigration law, contact us.

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 Long Will We Wait for Immigration Reform?

Congress continues to negotiate immigration reform, and there is no clear timeline on when its members will come to an agreement. Senators are divided on whether they will actually make an agreement on language for an immigration reform bill by the end of the week, as hoped. They are focusing currently on plans to give agricultural workers and farmworkers a path to citizenship. However, Senator Marco Rubio of Florida has still not given any strong indication of his support for any proposed bill. In the House, a group of representatives wrote a bill aimed at using technology and data to improve border security.

Immigration reform is critical right now for everyone, but especially for gay and lesbian immigrants. If the Supreme Court creates federal same-sex marriage, this will have far-reaching immigration consequences for gay and lesbian partners of American citizens.

Read more here:
http://thecaucus.blogs.nytimes.com/2013/04/09/timing-of-senate-immigration-bill-remains-unclear/

The House Proposes Three Pathways to Citizenship

On April 2^nd, The New York Times reported on a bipartisan immigration proposal being prepared in the House of Representatives.  This proposal would offer three distinct pathways to citizenship for the nation's estimated 11 million undocumented immigrants.  This is in contrast to the Senate plan, which would provide one pathway to citizenship for undocumented immigrants already in the country.

The House plan would basically divide undocumented immigrants into three groups.  The first group would include undocumented youth (also known as “dreamers”), who were brought to the US as children, and low-skilled agricultural workers.  This group would qualify for expedited legal status.  It would be interesting to know what "expedited" really means - weeks, months, years?

The second group would include undocumented immigrants who would otherwise be able to apply for legal status through a family member or employer, except that they are currently out-of-status (expired visa) and are subject to a 3 or 10 year bar if they leave the country.  The House bill would supposedly ease the 3/10 year waiting period, but would still require them to return to their country at some point in order to apply for adjustment of status.  Without more detail, it is hard to see how this portion of the House plan differs all that much from the current law.

The last group includes all undocumented immigrants who do not fall into groups 1 or 2.  This group would have the longest pathway to citizenship.  They would be allowed to apply for provisional legal status if they came forward, admitted to breaking the law, paid fines and back taxes, and learned to speak English.  This provisional status would allow them to work and live in the U.S. legally.  After ten years, they would be allowed to apply for a green card.  Ten years is a long time to wait, especially if you've already been living in the U.S. for a while.  

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.

Immigration Reform in the House

Today the House Judiciary Committee is holding a full committee hearing on “America’s Immigration System: Opportunities for Legal Immigration and Enforcement of Laws against Illegal Immigration.”  Today’s hearing will have two witness panels. The first panel will examine the current legal immigration system and ways to improve it. The second panel will discuss the extent to which immigration laws have been enforced. 

The Chairman of the Committee, Mr. Goodlatte (a Republican), has opposed measures in the past that he regarded as amnesty for illegal immigrants.  In a statement released Monday, however, he noted that it would be important to carefully examine the current system in order to understand what isn’t working and how the system could be changed to work more efficiently and fairly.  “Reforming our nation’s immigration laws,” he said, “is a massive undertaking and is too important to not examine each piece in detail.” 

You can find the House Judiciary Committee press release here and an article in the New York Times here.

New Immigration Rule for Immediate Relatives of US Citizens

On January 3, 2013, The United States Customs and Immigration Services ("CIS") issued a new rule allowing immediate relatives of United States Citizens who are without documentation or have unlawful presence to apply for a waiver of the unlawful presence in the United States before having to return to their home country.  This will allow those immigrants to seek a green card with a waiver while remaining in the United States and if the waiver is granted, they will only have to return to their home country for a short stay to get their green cards.   The applicant will still need to prove hardship to the U.S. citizen to qualify for the waiver.  This new rule is to take effect this March 2013.

"United We Dream"

"United We Dream"

United We Dream (unitedwedream.org) held its annual congress to celebrate its recent gains in helping young people who live in the United States without documentation.  The group cited the recent Obama administration program of deferred action for young educated immigrants to remain in the United States without fear of deportation and recent laws in California and Maryland expanding access to state colleges and universities.   United We Dream will be very active in supporting comprehensive immigration reform promised by the President and members of Congress.

For representation on immigration matters, please contact Glickman Turley LLP at 617-399-7770.

Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, trademark law, probate matters including wills, powers of attorney, health care proxy, same-sex co-parent adoptions, guardianships, animal law, or LGBT legal matters.

Immigration Reform Proposed by Hispanic Caucus

The Congressional Hispanic Caucus has proposed comprehensive immigration reform.  The proposed legislation includes a path to citizenship for undocumented immigrants, more visas for highly skilled math and science workers, a guest worker program and immigrant verification and enforcement.  Both Democrats and Republicans state that they are interested in passing immigration reform next year.


For representation on immigration matters, please contact Glickman Turley LLP at 617-399-7770.

Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, trademark law, probate matters including wills, powers of attorney, health care proxy, same-sex co-parent adoptions, guardianships, animal law, or LGBT legal matters.

The Potential for Post-Election Immigration Reform

An editorial published today by Bloomberg  highlighted that support for immigration reform is inevitable now that President Obama has been re-elected. The editorial stated that Latinos, known to be a socially conservative demographic, comprised 10 percent of the total vote, giving "Obama almost three votes for every one earned by Romney." 

President Obama campaigned on immigration reform that would address the nearly 11 million illegal immigrants in the US. Republican Speaker John Boehner has stated that he is "confident that the president, myself, other can find the common ground to take care of this issue once and for all." 

The editorial further noted that: "Standard & Poor’s has found that cities with high immigration levels show improvements in credit ratings, tax bases and per-capita incomes. High-skills immigrants, meanwhile, not only increase productivity but also generate jobs."

For representation on immigration issues, please contact Glickman Turley LLP at 617-399-7770.

Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, trademark law, probate matters including wills, powers of attorney, health care proxy, same-sex co-parent adoptions, guardianships, animal law, or LGBT legal matters.

Former Gov. Jeb Bush Encourages GOP To Embrace Broader Approach Toward Immigration

Former Governor Jeb Bush (R-Florida) questioned the Republican Party's immigration policies at a breakfast with the press hosted by Bloomberg View in Manhattan on Monday. Gov. Bush said that his father, President George H.W. Bush and President Ronald Reagan would have "struggle[d] with 'an orthodoxy that doesn't allow for disagreement,'" according to an article in The New York Times.

The report said that the Bush family "for all their differences, believe the system should be more humane for hardworking and law-abiding Hispanic families," and that the Republican Party today needs to ramp up efforts to connect with the community. Gov. Bush expressed his support for a broader approach to immigration reform compared to Governor Mitt Romney who "referred to the tough immigration law in Arizona as 'a model.'"

Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, trademark law, probate matters including wills, powers of attorney, health care proxy, same-sex co-parent adoptions, guardianships, animal law, or LGBT legal matters.