President Obama on Executive Action on Immigration

President Obama announced plans for executive action to provide relief for nearly 5 million immigrants living in the United States. Among the changes announced are:

• Expansion of DACA (Deferred Action for Childhood Arrivals or "dreamers") to include additional population who have been present in the United States since January 1, 2010. It would also eliminate the upper age limit.
• Allowing parents of US citizens and lawful permanent residents who have been present in the US since January 1, 2010 to request deferred action and employment authorization.
• Making improvements and changes to employment-based immigration (such as allowing work authorization for spouses of H-1B visa holders, allowing more job flexibility, etc.)

Remember that these plans have not yet been implemented and the USCIS is not accepting any applications at this time. Do not become a victim of a scam!

We will be posting information as things develop. However, to get the most up to date information, call our office at (512) 476-7163 or e-mail us.





  

NEWS: TPS for Liberia, Guinea and Sierra Leone

Due to the Ebola outbreak, the U.S. Department of Homeland Security just announced designation of Temporary Protected Status (TPS) to Liberia, Guinea, and Sierra Leone. Nationals of these countries might be able to apply for TPS status and an employment authorization card if they were present in the United States on November 20, 2014 and continuously reside in the United States since that date.

To apply for TPS, those eligible must submit an application with the USCIS. Note that the registration period ends on May 20, 2015.

This comes as a welcome news and relief for the citizens of West African countries most seriously impacted by the Ebola outbreak.

To find out more about today's announcement, go to http://www.uscis.gov/news/dhs-announces-temporary-protected-status-designations-liberia-guinea-and-sierra-leone

For assistance, contact our office at (512) 476-7163.

Diversity Visa Lottery – Win a Green Card

Every year the Department of State conducts a lottery for a green card. Under the program, 50,000 green cards are issued every year to applicants who register and who are selected through the DV program.

The registration for this year’s diversity visa lottery (DV-2016) opens on October 1, 2014, and will close on November 3, 2014. Applicants who are selected must meet certain requirements, such as having either a high school education (or its equivalent) or two years of work experience within the past five years in an occupation requiring at least two years of training or experience to perform.

 

Natives of some countries are not qualified for the lottery, including natives of Bangladesh, Brazil, Canada, China (mainland-born), Colombia, Dominican Republic, Ecuador, El Salvador, Haiti, India, Jamaica, Mexico, Nigeria, Pakistan, Peru, Philippines, South Korea, United Kingdom (except Northern Ireland) and its dependent territories, and Vietnam. However, note that there are two ways to still be able to register even if you were born in one of these countries – first is if your spouse was born in an eligible country or you can be “charged” to the country of birth of either of your parents as long as neither of your parents was born in or a resident of your country of birth at the time of your birth (an example would be if your parents were visiting a country where you were born but they were not citizens or residence of that country).

Entries for the DV-2016 DV program must be submitted electronically at www.dvlottery.state.gov. You can submit your entry from anywhere in the world. So even if you are currently in the United States, you can submit your entry online if you otherwise qualify. Only one entry per person is allowed. Individuals with more than one entry will be disqualified.

How will you know if you won? You will be given a confirmation number and you must use your confirmation number to access the Entrant Status Check at www.dvlottery.state.gov starting May 5, 2015 through at least June 30, 2016. Make sure your confirmation number is in a safe place because it is the only way to check your status.

Cost: There is no cost to register for the DV Program. Be wary of e-mails trying to scam you into sending them money or providing your personal information.

If you are selected as a winner of the diversity visa lottery, you should consider hiring an immigration attorney to make sure your case moves through the system in a timely an efficient manner. You do not want to delay the application – the Department of State selects more than 50,000 entries to ensure that all of the available DV visas are issued since it is likely that some of the first 50,000 persons who are selected will either not qualify for visas or will not pursue their cases. If you wait too long, you may not make it into the 50,000 visas permitted.

 

USCIS Issuing Duplicate Biometrics (ASC Appointments) in Error

On August 27, 2014, the USCIS advised the American Immigration Lawyers Association (AILA) that certain applicants for permanent residency who have already completed their biometrics were scheduled for a second biometrics appointment in error. The USCIS stated to AILA that if the applicant already attended an ASC appointment and had biometrics captured, it should not be necessary to attend the second appointment. However, applicants should write to the ASC office (address will be listed on the notice under "Request for Rescheduling") stating biometrics were already taken, including a copy of the stamped earlier notice, and requesting USCIS schedule a new appointment if required.

Our Law Firm Ranked as one of the 2014 "Best Law Firms" in Immigration Law in Texas

We are proud to announce that our law firm, G. Wellington Smith, P.C., has been ranked in the 2014 "Best Law Firms" list by U.S.News – Best Lawyers® in the area of Immigration Law in Texas.

Immigration law firms listed as the 2014 "Best Law Firms” are recognized for professional excellence with consistently impressive ratings from clients and peers. Achieving a ranking signals a unique combination of quality law practice and breadth of legal expertise. The 2014 Edition of "Best Law Firms” includes rankings in 74 national practice areas and 120 metropolitan-based practice areas. The U.S. News – Best Lawyers “Best Law Firms” rankings, for the fourth consecutive year, are based on a rigorous evaluation process that includes the collection of client and lawyer evaluations, peer review from leading attorneys in their field, and review of additional information provided by law firms as part of the formal submission process. Clients and peers were asked to evaluate firms based on the following criteria: responsiveness, understanding of a business and its needs, cost-effectiveness, integrity and civility, as well as whether they would refer a matter to the firm and/or consider the firm a worthy competitor.

 

We are pleased to be included on the list again this year and commit ourselves to continuously providing excellent legal work for our clients.

 

Read more at: http://bestlawfirms.usnews.com/

Work Authorization for H-4 visa holders

On May 6, 2014, the US Department of Homeland Security issued a press release which announced that certain spouses of H-1B visa holders will soon be eligible for work authorization. The new rule will not apply to all H-4 visa holders - the work permits will be limited to those whose H-1B spouses are either:

• Beneficiaries of an approved I-140 immigrant visa petition, or
• Have been granted H-1B extensions beyond their 6th year.

This comes as a welcome news for the families whose green cards sponsored through employment visa can often take many years. Not only will the work authorization allow both spouses to work to make it easier to financially sustain their families, but the US economy will certainly benefit from additional skilled workers who often times hold advanced degrees.

It is important to remember that the final rule has not yet been published and no applications should be filed at this time.

We will keep you updated with the developments - stay tuned!

E-mail us if at any time you have questions about immigration or need legal assistance.

This is often very challenging to the spouse, and challenging to families who must sustain themselves on a single income. Such conditions go against the White House’s stated goal of retaining highly-skilled workers, and do nothing to encourage the U.S. economy,
Read more at http://www.indiawest.com/news/18771-spouses-of-h-1b-visa-holders-finally-allowed-to-work-dhs.html#zt3GgRSwMbLyvhBi.99

DACA Renewal - Update from USCIS

On April 9, 2014, USCIS updated information relating to renewals of Deferred Action for Childhood Arrivals (DACA). The update emphasizes that to renew DACA and Employment Authorization document (EAD), applicants will have to wait until the new I-821D form is released in late May 2014. USCIS recommends that renewal applications be filed around 120 days prior to the expiration of the current DACA status and EAD. In no case should the application be filed more than 150 days prior to the expiration date. USCIS also provides a glimpse as to what documentation will be required, stating that applicants will need to submit only documents pertaining to removal proceedings or criminal history not previously submitted. (Note that there will certainly be other documents that must be submitted, such as filing fees, copies of EADs, etc.). To view USCIS update, click HERE.

If you would like more information or are looking for assistance with your DACA (whether initial or a renewal), contact our office through e-mail or at (512) 476-7163.