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.

H-1B Quoate Reached (again!)

USCIS Reaches FY 2015 H-1B Cap

Release Date: April 07, 2014

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced today that it has received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year (FY) 2015.  USCIS has also received more than the limit of 20,000 H-1B petitions filed under the U. S. advanced degree exemption.  
Before running a random selection process, USCIS will complete initial intake for all filings received during the filing period which ended today. Due to the high number of petitions, USCIS is not yet able to announce the date on which it will conduct the random selection process.
A computer-generated process will randomly select the number of petitions needed to meet the caps of 65,000 visas for the general category and 20,000 under the advanced degree exemption. USCIS will reject and return filing fees for all cap-subject petitions that are not selected, unless found to be a duplicate filing.
The agency will conduct the selection process for the advanced degree exemption first. All advanced degree petitions not selected will become part of the random selection process for the 65,000 limit.
USCIS will continue to accept and process petitions that are otherwise exempt from the cap. Petitions filed on behalf of current H-1B workers who have been counted previously against the cap will not be counted towards the congressionally mandated FY 2015 H-1B cap. USCIS will continue to accept and process petitions filed to:

• Extend the amount of time a current H-1B worker may remain in the United States;
• Change the terms of employment for current H-1B workers;
• Allow current H-1B workers to change employers; and
• Allow current H-1B workers to work concurrently in a second H-1B position.

U.S. businesses use the H-1B program to employ foreign workers in occupations that require highly specialized knowledge in fields such as science, engineering and computer programming.

H-1B VISA APPLICATIONS - GET READY NOW!

H1B visa is a non-immigrant work visa which permits employees in specialty occupations to work for U.S. employers. The law limits how many new cap-subject H-1B visas can be allotted in each given year. Currently, the USCIS can grant 65,000 H-1B visas per fiscal year plus an additional 20,000 for workers with a master's or higher degree awarded by a U.S. institution (often referred to as Master Cap).

In the past few years, the H-1B cap was reached immediately after the H-1B cap season opened. Last year, the USCIS counted all the applications filed between April 1st and April 5th as the "first day" filings and because they received more than the allowed numbers, the USCIS conducted a lottery.

It is crucial that anyone interested in getting H-1B visa starts the process right now and applies as early as possible - that is, on APRIL 1st, 2014. The predictions are that the cap will again be reached in the first days. Prospective H-1B employers and employees need to take into consideration the time it takes to prepare the H-1B filing. For example, one of the requirements for properly filed H-1B is a Labor Condition Application (LCA) which usually takes 7 days to obtain from the Department of Labor.

H-1B cap will typically apply to F-1 students currently working on OPT, those who are in the US in another visa category, those currently living outside of the United States, etc.

There are certain instances where H-1B applicants are exempt from the cap, such as: H-1B transfers for those currently working under cap-subject H-1B, certain physicians receiving J-1 waivers, and employees working at institutions of higher education, a related or affiliated non-profit entity, etc.

Our firm can assist you with H-1B filing and we urge you to start the process now. Contact us by phone at (512) 476-7163 or E-MAIL us.

ACT NOW!

DACA RENEWAL - GUIDANCE FOR ICE-GRANTED DACAs

DACA (Deferred Action for Childhood Arrivals) program started in 2012 and granted a two-year deferred status and employment authorization for thousands of young people. This year, many of those DACA recipients will be looking to renew their DACA status. Although the USCIS has not issued a final guidance on how they will handle renewal applications for applicants who filed directly through the USCIS, the agency today announced procedures for those DACA applicants who were granted their status through ICE. The guidance does not apply to those who received their status through USCIS but it provides a glimpse of what to expect.

If your DACA status expires this year, the time to get ready for the renewal is now. Our office will be glad to help you. Contact us.

S-Comm Protesters Arrested in Austin by ICE

Local news story at http://www.kvue.com/news/local/Six-arrested-during-Travis-County-Jail-immigration-protest-243347001.html

Will Justin Bieber Face Deportation?

Justin Bieber's latest claim to fame involving his run-in with the law may end up costing him more than he ever bargained for - a removal from the United States. But it is too early to tell.

The wishes of over 225,000 people who have signed the petition to deport Justin Bieber could come true, depending on the outcome of Bieber's criminal case. (By the way, less than 1,000 people as of this writing have signed the petition to keep Justin Bieber in the United States).

Under immigration law, certain crimes result in very serious immigration consequences, including removal from the United States. On top of that, the distinctions between removable and non-removable crimes do not always seem logical. For example, an assault could be an "aggravated felony" under immigration law even when a state law calls is a misdemeanor. This is because in the immigration law, the length of sentence makes a difference. Similarly, a theft crime can have less or more serious immigration results depending on the sentence imposed. Often times, you can take two cases side by side and it will be clear to you which crime is more serious - yet the person with more serious crime can have an effective lawyer who negotiates the sentence down so as not to trigger "aggravated felony" conviction while another with less serious conviction cannot afford a lawyer who could help (a good example is the case of Mr. Pacheco whose misdemeanor crime of stealing cigarettes and some Tylenol was classified as aggravated felony because he was sentenced to more than 1 year in prison for it). I am sure Justin Bieber's legal team will make sure that he avoids anything even close to an aggravated felony.

The criminal charges that could really trouble Justin Bieber are those related to drugs. The news sources report that Mr. Bieber tested positive for marijuana and prescription drugs.  Immigration law comes down hard on drug crimes. The law makes an exception for single(!) possession of 30 grams or less of marijuana, but most other drug convictions are likely to result in deportation.

Then there is the problem with having two or more crimes for Justin Bieber - another ground of removability when those crimes involve moral turpitude.

If Justin Bieber wants to avoid deportation, he should have an expert immigration lawyer on his legal team as well as a very good criminal attorney. Until his criminal cases play out though, we will have to wait on the future of his immigration status in the United States. Stay tuned!

President Obama on Immigration in His State of the Union Speech

In his State of the Union speech last night, President Obama called for immigration reform, urging Congress to "fix our broken immigration system." He pointed out that immigration reform would grow our economy and shrink our deficits by about $1 trillion in the next two decades - two issues that have been of concern for most of his presidency so far. His speech, however, did not offer any specific solutions.

A meaningful immigration reform will require bipartisan support - something that has eluded the Congress so far. A new House Republican proposal offers some solutions but keeps many without an option to seek permanent residency or citizenship in the future. This is unlike the Senate bill proposed in June 2013, which offers path to citizenship to many currently undocumented immigrants.

Will 2014 by the year when we finally see a fix for our broken immigration system and will it offer meaningful solution that will keep families together and keep our economy going? We certainly hope so.