GLF Articles
SPOUSES AND CHILDREN OF PERMANENT RESIDENTS UNDER 21 YEARS (NOT MARRIED) CAN NOW GET THEIR GREEN CARDS
July 23rd, 2013
The Visa Bulletin for August 2013 that summarizes the availability of immigrant visas for the month of August 2013 is now CURRENT FOR THE PHILIPPINES for spouses and children of permanent residents under 21 years of age and not married.
This means that the husbands or wives and children of permanent residents under 21 years of age and not married WHO HAVE APPROVED PETITIONS CAN NOW APPLY TO ADJUST THEIR STATUS and APPLY FOR THEIR GREEN CARDS if they are presently in the United States and have a lawful immigration status. For those spouses and children of green card holders waiting in the Philippines should have received a notice from the US Visa Center that their green cards are now available for consular processing at the U.S. Embassy in Manila.
IT IS IMPORTANT THAT THOSE WHO HAVE APPROVED PETITIONS MUST APPLY ON OR BEFORE AUGUST 31, 2013 AS THE VISA CATEGORY FOR SPOUSES AND CHILDREN UNDER 21 MAY CHANGE OR RETROGRESS AFTER AUGUST 31, 2013.
Attorney SID GARBANZOS is a graduate of the City University of New York School of Law and is admitted to practice in New York and Washington, D.C. Practice areas include: Civil Litigation, Landlord-Tenant, RN & Medical Profession License Defense and Immigration. Please note that this article is written for a gratuitous purpose only and no attorney-client relationship is created in this publication. This article is not, nor intended to be legal advice. The reader should consult with a reputable lawyer based on his or her individual circumstances. Please call Garbanzos Law Firm at (718)725-7324 if you have any questions about this article.
Tags: SPOUSES AND CHILDREN OF PERMANENT RESIDENTS UNDER 21 YEARS (NOT MARRIED) CAN NOW GET THEIR GREEN CARDS
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U.S. SENATE PASSES IMMIGRATION REFORM BILL: WHO ARE ELIGIBLE TO APPLY FOR “PROVISIONAL GREEN CARDS” AND WHAT SHOULD IMMIGRANTS PREPARE TO DO?
July 3rd, 2013
The U.S. Senate passes their version of the immigration reform bill that would include a path to citizenship for most of the 11 million illegal immigrants in the country, increase the number of visas available for those who have approved petitions to reduced the backlog from countries like the Philippines, Mexico, China and India as reported in the New York Times and Washington Post on June 26, 2013.
Some Democratic and Republican members of Congress anticipate that the current proposal will be enacted into law by September of this year 2013.
The Senate’s immigration bill include fines, the payment of back taxes, criminal background checks and other hurdles for immigrants who would apply to legalize their status. The Senate version would only allow those who are here illegally to apply for permanent green cards 10 (ten) years after the bill is enacted into law. For the young “dreamers” (those who were brought here as children), they would be able to apply for “green cards” two (2) years after the bill becomes law.
Under the Senate bill, those “illegals” or “out of status” who would apply for ”permanent green cards” would be granted “provisional or temporary status,” known as Registered Provisional Immigrants or RPI, issued working permits and would be allowed to travel outside the United States. Under the Senate version, only those immigrants who are “illegals” or “out of status” who are here on or before December 31, 2011 can apply. If those immigrants are eligible, the same immigrants can be granted “provisional status” for 10 years and can apply for citizenship three (3) years after that time.
The Senate bill also allows those in the country who have been working legally for 10 years (such as those in temporary H1B/H2B status) can be granted green cards or legal permanent residency if those immigrants apply.
More importantly, the Senate bill increases the family and employment visa caps to reduce the back log of countries like the Philippines, India, China and Mexico whose family members have been waiting in some cases for more than 15 years. The Senate version, however plans to eliminate the category where a US citizen can petition for a sibling brother or sister.
The Senate bill would also allow highly skilled immigrants and those who graduated from U.S. universities with degrees in science, technology, engineering and math (STEM) to stay and apply for “green cards.” The plan would also impose a nationwide verification of legal status for all newly hired workers and would also create some form of guest-worker program to bring in low-wage immigrants in the future.
WHAT SHOULD IMMIGRANTS PREPARE TO DO? Below are few pointers provided by the experts from the National Immigration Forum and the ILRC Network:
1. HAVE A RELATIVE OR EMPLOYER FILE A PETITION IF YOU QUALIFY BECAUSE CONGRESS WILL ALLOCATE VISAS TO THOSE ALREADY IN LINE. QUALIFYING RELATIVES INCLUDE BROTHER OR SISTER, MOTHER OR FATHER AND SON OR DAUGHTER.
2. KEEP RECORDS OF YOUR PRESENCE IN THE U.S. such as Checking or Savings Account, Money Remittances (Western Union), Money Order Receipts, Cell Phone or Cable Bills, Credit Card Bills, Utility Bills such as Electric or Gas, Medical Records (doctor’s/hospital bills/children immunization records), Lease, School Records (Transcript of Records), Your Children’s School Records (Report Cards), State Issued driver license or State ID even if expired or Passports issued by your Country’s Embassy or Consulate in the United States
3. DO NOT LOSE YOUR I-94 ARRIVAL DOCUMENTS
4. GET A PASSPORT FROM YOUR CONSULATE OR EMBASSY AND OBTAIN A CERTIFIED COPY OF YOUR BIRTH CERTIFICATE AND MARRIAGE CERTIFICATES (If Married)
5. AVOID USING PHONY NAMES ON OFFICIAL DOCUMENTS
6. LEARN ENGLISH. Attend English as Second Language (ESL) Class.
7. PAY TAXES. YOU CAN OBTAIN AN INCOME TAX IDENTIFICATION ITIN) NUMBER IF YOU DO NOT HAVE A SOCIAL SECURITY NUMBER.
8. IF YOU WERE ARRESTED, GET AN ARREST DISPOSITION FROM THE CLERK’S OFFICE OF THE COUNTY WHERE YOU WERE ARRESTED
9. BEWARE OF IMMIGRATION SCAMS
10. SAVE FOR FEES AND PENALTIES (Fees and Penalties could be up to $5,000 or more)
Attorney SID GARBANZOS is a graduate of the City University of New York School of Law and is admitted to practice in New York and Washington, D.C. Practice areas include: Civil Litigation, Landlord-Tenant, RN & Medical Profession License Defense and Immigration. Please note that this article is written for a gratuitous purpose only and no attorney-client relationship is created in this publication. This article is not, nor intended to be legal advice. The reader should consult with a reputable lawyer based on his or her individual circumstances. Please call Garbanzos Law Firm at (718)725-7324 if you have any questions about this article.
Tags: U.S. SENATE PASSES IMMIGRATION REFORM BILL” WHO ARE ELIGIBLE TO APPLY FOR "PROVISIONAL GREEN CARDS" UNDER IMMIGRATION PROPOSAL BY CONGRESS AND WHAT SHOULD IMMIGRANTS PREPARE TO DO?
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U.S. SUPREME COURT DECISION ALLOWS SAME SEX COUPLES TO FILE GREEN CARD PETITIONS FOR THEIR SPOUSES
June 26th, 2013
The decision of the US Supreme Court today (June 26, 2013) to strike down the Defense of Marriage Act or DOMA as unconstitutional because it violates the 5th Amendment Equal Protection Clause of the Constitution has a profound impact on same sex couples in the context of immigration law.
The ruling of the Supreme Court effectively allows same sex couples to receive federal benefits meaning A U.S. CITIZEN OR LEGAL PERMANENT RESIDENT CAN NOW PETITION THEIR FOREIGN BORN SAME SEX SPOUSES FOR PERMANENT RESIDENCY OR GREEN CARD.
Minutes after the Supreme Court ruling, an Immigration Judge in the New York district immediately stopped the deportation proceedings of a gay man from Colombia who is legally married to a U.S. Citizen. Prior to the Supreme Court ruling, DOMA only recognizes a marriage between a man and a woman; so when Sean Brooks filed a green card petition for his Colombian spouse Steve, it was denied by the U.S. Citizenship and Immigration Services (USCIS) because the marriage was not recognized by the USCIS under DOMA placing Steve in deportation proceedings.
The ordeal for the couple started in 2011 when Sean, the American citizen tried to file a green card petition for his husband based on their same-sex marriage. This left Steven in a visa limbo and vulnerable to deportation. Steven, who had not been back to Colombia for twelve years, applied to have his deportation cancelled based on the hardship that his deportation would incur on his spouse. The request was denied because federal law does not let the immigration judge recognize their marriage as valid (Source: Esther Yu-Hsi Lee, The DOMA Project).
As seen in the immediate cessation of Steve’s deportation, the ruling has a profound impact on the gay and lesbian community, not least of which 24,700 other binational same-sex couples can now breathe a sigh of relief, knowing that they will not be torn away from the people they want to spent the rest of their lives with. For a population of about 267,000 undocumented gays and lesbians, the Supreme Court ruling comes as a future goal post to look forward to now that federal laws has ended the discrimination against their right to marry. It also will finally allow the federal government to treat all gay and lesbian families equally by allowing them access to federal benefits and protections.
WHAT SHOULD SAME SEX COUPLES PREPARE TO DO WHILE WAITING FOR USCIS to implement the new law allowing their US Citizen spouses to file for green cards for their foreign born husbands or wives?
It will most certainly take at least (90) days to implement the new law so in the meantime, same sex couples should start gathering proof of their marriage such as: marriage certificate, pictures of the marriage and family gatherings or trips, joint bank accounts, joint property ownership such as cars or a home, leases under both names, cell phone bills under both names, money remittances or bank transfers to spouses or partners and insurances naming a spouse or partner as beneficiary.
Sources: New York Times, The Washington Post, The DOMA Project, C-SPAN, supremecourt.gov
Attorney SID GARBANZOS is a graduate of the City University of New York School of Law and is admitted to practice in New York and Washington, D.C. Practice areas include: Bankruptcy, Civil Litigation, Landlord-Tenant, Criminal Defense and Immigration, Please note that this article is written for a gratuitous purpose only and no attorney-client relationship is created in this publication. This article is not, nor intended to be legal advice. The reader should consult with a reputable lawyer based on his or her individual circumstances. Please call Garbanzos Law Firm at (718)725-7324 if you have any questions about this article.
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