Recently in Immigration News Category

Some good news out of the White House on the topic of comprehensive immigration reform.  Over the past few months, many immigration advocates had begun to lose faith in the Obama administration's commitment to reforming our current immigration system.  I, myself, had become concerned with the direction that the administration was moving in after reading a New York Times article on current policies being asserted by the Department of Homeland Security.  However, a recent meeting between White House officials and key interest groups concerned with the country's immigration system has re-affirmed the administration's commitment to immigration reform. 

There are a few key points from the meeting that I feel are worth mentioning.  The first, and perhaps most important piece of news, is that Obama aide Nick Shapiro actually came out and stated that immigration reform will be pursued this year.  Recently, it had been widely speculated and acknowledged that immigration reform would be postponed until next year, taking a back seat to the current health care debate.  I firmly believe that it would be unwise to delay attacking the currently flawed immigration system, as it has been documented that immigration reform could potentially help kickstart the nation's struggling economy. 

Another aspect of the meeting that is noteworthy is the diverse set of groups that were in attendance.  The interests that were represented at the meeting can be divided into 5 groups: law enforcement officials, labor representatives, business leaders, immigration advocates and the faith-based community.  While much can be made of the measures that should be included in immigration reform legislation, the most important issue is that the legislation drafted must have a chance at passing through Congress.  The only way that immigration reform legislation will have a shot at passing is if input is sought from all groups that have an interest in new policies.  Providing an opportunity for groups like law enforcement and business leaders to reconcile differences with the immigration advocacy community is the best way to achieve consensus and compromise, and to put forth a bill that Congress will pass. 

News of this meeting is an encouraging sign for those who had been disheartened by current DHS policies. 

For answers to your immigration questions and problems, please contact us at www.portnerandshure.com

I read an interesting article recently in the New York Times documenting the evolution of the Obama administration's immigration policy. 

The majority of activity by the administration has involved toughening enforcement measures against undocumented aliens.  Janet Napolitano and the Department of Homeland Security (DHS) have expanded a number of programs designed to assist in identification of the undocumented.  One program that DHS has pushed hard over recent months is the E-Verify program.  E-Verify is a program that is designed to allow employers to identify the immigration status of prospective employees prior to hiring.  Proponents of expansion of this program point to the fact that over the past year only 0.3% of 6.4 million E-Verify checks have lead to false denials of jobs.  However, opponents believe that the program is loaded with inaccuracies, and point out that the 0.3% false denial rate still means that 19,000 U.S. citizens and prospective employees have been denied a job under false pretenses.  Other recent activity by DHS has included promotion of programs designed to increase cooperation between Federal and State authorities, and prosecution of immigration violators at higher levels than in years past. 

While DHS has worked hard to stiffen enforcement, little to no progress has been made toward providing the millions of undocumented aliens currently in the U.S. with a path to securing legal status.  The other side of the equation in fixing our broken immigration system is to grant undocumented aliens a discerable path to legal status, so that enforceable wage and labor standards can apply to all workers in the U.S.  Without the creation of a path to legal status for undocumented aliens, the American worker will continue to suffer as employers exploit undocumented laborer for wages far below our minimum standards.  Enforcement measures are critical in solving the immigration crisis, but enforcement measures should target employers who continually employ the undocumented and avoid paying their workforce a fair wage. 

An added benefit of creating a path to legal status for undocumented aliens is that the government would see a large increase in tax revenue.  Allowing the undocumented a way to become legal gives the government the right to regulate them in a fair manner.  The Obama administration has taken some noticeable actions regarding our immigration policy thus far, but until the importance of a path to legal status is understood, our immigration system will still be a broken one.  Here's hoping that heightened enforcement will be complemented with providing the undocumented a way to get legal in the near future.

For answers to your immigration questions, please visit our website at www.portnerandshure.com.    

On June 9, 2009, a new rule was implemented by the Department of Homeland Security (DHS) to provide interim relief for surviving spouses of deceased U.S. citizens and their children.  Among other benefits, this new rule creates a new process by which the surviving spouse or child of a deceased U.S. citizen may apply for deferred action.

Prior to the implementation of this new rule, widows of U.S. citizens were placed in a precarious position if their spouse died before the second anniversary of their marriage.  If an I-130 petition filed by a U.S. citizen on behalf of a widow had not been approved, or if no petition was filed prior to the citizen's death, the spouse of the deceased U.S. citizen was left without any possible immigration relief.  Even where an I-130 petition had been approved, the approval would be revoked and the surviving spouse's only possible form of relief would be to apply for reinstatement of the revoked petition on humanitarian grounds. 

The new rule implemented by Secretary Janet Napolitano has addressed these issues in a number of ways.  Beneficiaries who have had an approved I-130 revoked based on the death of their U.S. citizen spouse should now have less difficulty having their petitions reinstated.  The new rule has indicated that discretion on humanitarian reinstatement of I-130 petitions should be exercised favorably, and that a presumption should be made that the humanitarian reasons given by the beneficiary support the request. 

Couples who submitted concurrently filed I-130/I-485 applications, only to have the U.S. citizen petitioner pass while the application was pending, will have their applications held in abeyance until further guidance is given by DHS.  While the application is being held in abeyance, the beneficiary is eligible to receive employment authorization and advance parole permitting travel outside of the U.S.

Where an I-130 is pending and not concurrently filed, has been rejected due to the death of a U.S. citizen petitioner, or has not yet been filed, a surviving spouse of a deceased U.S. citizen can seek deferred action.  To obtain deferred action, the surviving spouse must file Form I-360, a $375 filing fee, along with the required documents in support of the application.  The documentation that should be submitted includes a death certificate for the U.S. citizen spouse, a marriage certificate between the applicant and the U.S. citizen spouse, and divorce decrees for all prior marriages. 

If Form I-360 is approved, the applicant will receive a grant of deferred action for a period of two (2) years.  While under deferred action, the applicant will not be deemed unlawfully present in the U.S if currently here illegally or out of status.  Additionally, a recipient of deferred action is permitted to apply for employment authorization once their I-360 is approved.  In order to gain employment authorization under deferred action, an applicant must demonstrate economic necessity.

It is important to note that this new rule only applies to a specific group of people.  Surviving spouses of deceased U.S. citizens who are not currently in the U.S., or who are remarried, are not eligible for deferred action.  Additionally, a surviving spouse is not eligible for deferred action if the I-130 petition filed on behalf of the surviving spouse was denied for reasons outside of the death of the U.S. citizen spouse.

If you believe that you may be eligible for deferred action, or if you would like more information on the benefits available to widows of U.S. citizens, please visit our website.