Could you and your spouse pass an immigration interview?

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Photo credit @Matt Metz on flickr.
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How well do you know your spouse? Buzzfeed has compiled a list of possible questions that an immigration officer might ask at an interview for marriage-based green card applicants.

Please note that this is not an exhaustive list, and it won't tell you whether or not you are actually eligible for a green card. Buzzfeed says: "The following are potential questions that could be asked, culled from newspaper articles, immigration lawyers, and testimonials. So, you know, don’t treat this an official preparation of any kind because there are a lot of different factors that go into that interview." 

Although it's not official, it's still fun. To take the quiz, click here.

And if you have any questions about family-based immigration, please contact us to see if we can help!

Bruins Goalie Tuukka Rask Has “Extraordinary Skills"

The Bruins dominated Game 3 of the Stanley Cup Finals last night!  Goalie Tuukka Rask had an amazing game, stopping all 28 shots for his third shutout of the postseason.

 

My admiration of the Bruins goalie got me thinking about his immigration status (pretty geeky, I admit).  Tuukka Rask hails from Finland, a far off Nordic country that is cold and dark in the winter and light all day long in the summer.  According to his Wikipedia page, he started playing in a youth league in his home town of Savonlinna, Finland.  He then progressed to Ilves, Jr., a Finnish Junior League.  In 2005, he was drafted by the Tronto Maple Leafs, then traded to the Bruins.  Tuukka spent most of his time with the Providence Bruins, quietly making a name for himself.  Rask’s big break came when he was named as the starting goalie for the Bruins before the 2012-2013 season lockout, replacing Tim Thomas. 

When a foreign player is drafted under contract with an NHL franchise, the player applies for a P-1A visa, which is a temporary work visa.  P-1A visa may be issued for up to 5 years initially and permits NHL players to be traded between NHL teams generally without interrupting the player’s ability to play.  It also allows the professional hockey player to travel in and out of the country with the team as required.

P-1 visas are generally dependent upon the player being actively on the ice.  So if the player is no longer playing, the P-1A visa will be invalidated, meaning the player falls “out of status,” and would normally have to leave the United States.  In order to prevent this from happening, many NHL players and franchises initiate the Permanent Residence (aka “Green Card”) process for players on the active roster who wish to make the United States their permanent home after their playing days are over.  For most foreign-born professional athletes, this means obtaining a green card through the employment-based preference category called EB-1, which is a category set aside by the United States Citizenship and Immigration Services (“USCIS”) for “extraordinary ability” workers in the sciences, arts, education, business or…you guessed it…athletics.

To qualify, the athlete must be able to prove that during his career, he has been able to demonstrate sustained national or international acclaim and achievements that are recognized in the field.  Simply playing in the NHL does not satisfy the USCIS regulatory requirement for “extraordinary ability.”  Instead, the player must prove that he is “elite” in comparison to his peers in professional hockey.  The most obvious way for the player to do this is to receive a major internationally recognized award, such as being named an NHL All-Star, winning an Olympic medal, or being on the Stanley Cup-winning Team. 

So, while winning the Stanley Cup finals would be a tremendous career high for Tuukka, it would also increase his chances of getting permanent residence in the U.S.  Something to think about that when you’re cheering for the Bruins during the finals.

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. 

Glickman Turley Wins Case Allowing Immigrant to Return to US as LPR

Glickman Turley successfully defended a Brazilian green cardholder who the Department of Homeland security claimed had abandoned her green card when she was working in Angola.  The Immigration Court Judge, after trial, determined that the immigrant always intended to return to the United States, had close family living in the US and had secured employment upon returning.  The Court terminated the removal proceedings and re-admitted the immigrant as a returning legal permanent resident.

USCIS: Proposed Rule Could Greatly Benefit Immigrants

United States Citizens and Immigration Services ("USCIS") issued a proposed rule which could greatly benefit immigrants who are in the United States without legal status (including those who entered the US without a visa) and who have an approved I-130 petition filed by a US citizen immediate relative (US citizen spouses, US citizen parents if the immigrant is between 17 and 21 years old, or US citizen children over 21) who wish to sponsor the immigration for legal permanent residence (a green card).   


The immigrant would have to present an approved visa petition (I-130) and seek an I-601 waiver of the unlawful status in the United States that shows hardship to a US citizen spouse or parent. (Note that hardship to a child cannot be the basis for the waiver.) If the waiver is granted, the immigrant would then return to her home country for a short period of time for processing of the application for a green card.   This would relieve the immigrant of the present requirement that the waiver be applied for at the time of the immigrant visa interview at the United States embassy/consulate of the home country. This new waiver procedure is ONLY available to immigrants whose only inadmissibility issue deals with unlawful presence. Provisional approval of the I-601 does not guarantee approval of the immigrant visa at the US embassy/consulate.

The proposal was issued on March 30, 2012 and comments will be accepted by USCIS until June 30, 2012.   Once the comment period is over, USCIS will review the comments and may issue the rule or a revised version of the rules as a final rule. 


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 parent adoptions, guardianships, animal law, or LGBT legal matters.  

US Supreme Court Decision: Vartelas v. Holder

The US Supreme Court held that a lawful permanent resident who was convicted of a crime of moral turpitude before the enactment of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) has a right to reenter the United States after a short period of time travelling abroad. In this case, the Court concluded that the IIRIRA does not govern a pre-1996 criminal conviction - the appropriate application of the law would be the legal regime in force at the time of the conviction. 


For more, click here to read Vartelas v. Holder. 


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 parent adoptions, guardianships, animal law, or LGBT legal matters.