Many immigrants sponsored by family members have suffered the tragic loss of their sponsoring family member. Compounding that tragedy is that, until recently, U.S. law provided that a visa petition terminated upon the petitioning family member’s death–devastating families who had often waited years for the opportunity to legalize their status.
That changed in late 2009, when Congress amended the law to provide that petitions who not terminate on the death of the petitioner for persons who were residing in the United States upon the death of their family member. In December of 2010, USCIS issued its final policy guidance concerning this new law.
The law applies retroactively to cases where the family member died prior to the law’s enactment. If you were told in the past that you could not immigrant because of the death of your family member, you should speak to an attorney to learn how this change in law might impact your opportunities for immigration.
Representative Carlos V. Gutierrez introduced a bill in the House of Representatives on December 14, 2009. However, passage of the bill is far from certain, in particular because Speaker of the House Nancy Pelosi (D-San Francisco) believes comprehensive immigration reform should start in the Senate.
Under the proposed legislation, an immigrant must establish presence in the U.S. on December 14, 2009, attest to contributions to the U.S. through employment, education, military service, or other volunteer/community service (with exemptions for minors, persons with disabilities, the elderly, or other unusual circumstances), complete criminal and security background checks and pay a $500 fine, show the absence of a serious criminal conviction.
The law does not immediately provide a green card to applicants. They are given a six-year “conditional permanent residence” in the United States, but may later “adjust status” to lawful permanent residence.
For more information about this bill, please see this article in the New York Times:
http://www.nytimes.com/2009/12/16/us/politics/16immig.html
The Reuniting Families Act, introduced recently in the House of Representatives and the Congress, would make a number of favorable changes to the immigration laws, though it is not the amnesty many had been hoping for.
Among other things, the bill would allow the spouses and children of permanent residents to immigrate immediately, in stead of waiting years as they now do. It would also increase the number of immigrants allowed to enter each year.
It provides important expansions of waivers available for certain types of previous immigration violations. For example, it would partially repeal the decision of the Board of Immigration Appeals in Matter of Briones, which found that persons who unlawfully re-entered the United States after having been here for period of one year or more were barred from gaining permanent residency under Section 245(i) of the Act.
It eliminates the “widow penalty,” allowing the widows of U.S. citizens to becomes permanent residents even after the death of their spouse. It also provides age-out protections for children who immigrate with K visas, expands the definition of “step-child” by not requiring that the individual’s parents have married while he or she was a minor
It also allows gay partners to be recognizes as married couples for the purpose of immigration.
At a time when the focus is on enforcement and what is “wrong” with immigration, it is refreshing to see a compassionate and humanitarian bill that celebrates the place of immigrants within the community of this nation.
For more information, see the website of Rep. Mike Honda:
http://honda.house.gov/rfa/
Attorney Rice is leading the firm’s expansion to Southern California. Marcelle has been with the firm since 2005. She relocated to Los Angeles and now alternates working between Los Angeles and our Oakland OffIce. Marcelle is responsible for most of the firm’s federal court appeals. She also represents many of our clients at the Asylum Office and in hearings before the Immigration Judges. Until recently, we were unable to assist clients in Southern California. Marcelle now represents our clients whose cases appear in the Immigration Court in Los Angeles and clients who are scheduled for asylum interviews at the Asylum Office in Anaheim, California. Persons interested in our firm representing them in the Los Angeles area should call our Oakland office to discuss arrangements.
Lawful permanent residents (people who hold green cards) will qualify to become citizens of the United States after a period of years in that status. This process is called “naturalization” and involves making an application to the U.S. Citizenship & Immigration Services on form N400. The requirements vary depending upon the age of the applicant, the number of years spent as a permanent resident, and whether the applicant is married to a U.S. citizen.
An applicant for citizenship must have been a lawful permanent resident for five years, have been of “good moral character” for that period of time, and have been physically in the United States for at least half of that time. If he is married to a U.S. citizen, he can apply if he meets these same requirements for just three years (the marriage must exist during the three years and the spouse must be a citizen for all three years as well).
An applicant appears for an interview with an immigration officer and must pass a test of U.S. government and history, and an English test. Certain long-time permanent residents who are over certain ages may be able to have the English test waived. Also, those applicants with health problems preventing them from taking the tests may have those waived. Following a recommended approval of the application by USCIS, the applicant takes a citizenship oath, which is the moment that citizenship is formally acquired.
There are many important benefits to U.S. citizenship. Citizens may vote and hold public office (except naturalized citizens cannot become president). With respect to immigration, a U.S. citizen may sponsor parents, spouses, and minor children for rapid immigration. He or she may also sponsor adult children (both married and unmarried) as well as siblings for immigration that will take longer. Permanent residents whose immediate family is waiting to immigrate might speed their arrival by becoming U.S. citizens. Also, U.S. citizens whose children are about to turn 21 may lock in the child’s age for immigration purposes by sponsoring that child before his or her 21st birthday.
Most people are able to attend the citizenship interview by themselves. However, we generally recommend that anyone who has a criminal history at least consult with an attorney prior to applying for citizenship. Many offenses will not disqualify an applicant, but it is important to realize that people can be charged with deportability based on crimes that may have happened decades in the past. A fingerprint check will reveal any criminal history during the application process. A knowledgeable attorney can identify these issues before an application is filed.
We strongly encourage all immigrants to become U.S. citizens if they are eligible. It’s never too early to start studying, even if you are not eligible right now. USICS has materials available at: www.uscis.gov/citizenship.
In 2000, Congress approved a new immigration status for immigrant victims of crime (undocumented and documented) who assist investigators and/or prosecutors.
In 2007,the Department of Homeland Security finally began accepting applications for U status. To qualify, an immigrant must have been the victim of certain serious crimes within the United States. The crime must have caused “substantial” mental or physical harm to the immigrant, and she or he must help the investigation or prosecution of the crime.
An applicant must receive a certification from the agency in charge of investigating or prosecuting the crime. This certification is filed along with the application for U status.
U Status is a “non-immigrant” status that is valid for a maximum of four years. After the third year, a U nonimmigrant may apply for adjustment of status to lawful permanent residence (receiving a green card).
An adult immigrant who receives U status may also petition to give the same status to a spouse and unmarried child under 21 years of age. An immigrant who receives U status and is less than 21 years of age may petition to give U status to her parents, spouse, and unmarried brothers and sisters who are less than 18 years of age.
Another unique benefit of the U visa is that is offers a waiver of inadmissibility that is very broad.
We support Congress’ efforts to ensure that immigrant victims of crime can participate in crime prevention freely and without fear. We also encourage immigrant crime victims to investigate whether this law may help them.
Kevin Crabtree
The DREAM Act (Development, Relief, and Education for Alien Minors) Act is a bi-partisan bill (proposed law) designed to help undocumented students who entered the United States before age 16.
The proposed law requires the student to have been in the U.S. for five years before the enactment of the law, to have graduated high school or have earned a GED, and to be of good moral character. Students would be granted conditional permanent resident status for a maximum of six years. During this time, they would need to either obtain a college degree, complete two years towards a degree, or serve in the military. On completion of one of these requirements, they would be granted full permanent resident status.
We strongly support the DREAM Act. The United States deserves the support of students who, although foreign citizens, know this land as theirs. They deserve our support as well.
Kevin M. Crabtree
We’ve added a slightly more sophisticated blog interface to our website. We hope that this blog will help us to communicate with our clients and others who are concerned about immigrants and their families.
