CSPA: Derivative “Child” Gains Permanent Residency on Uncle’s Petition Following Visa Retrogression
On November 19, 2012, the USCIS granted permanent residency under the Child Status Protection Act (CSPA) to a twenty-five and-a-half year old man from Panama who immigrated under the family fourth preference immigrant petition of his uncle for his mother. Owing to a four-year wait in processing the immigrant petition, he still qualified as a “child” under the CSPA calculations of Immigration and Nationality Act § 203(h)(1) on the date visas first became available. He and his mother satisfied the one-year “sought to acquire” requirement by filing for adjustment of status within four months of initial eligibility, but visa availability retrogressed less than two months later--before they were able to complete their adjustment of status process. Having qualified as a “child” at the time of initial visa availability, he remained a child for immigration purposes despite the nearly two-y
AILA Calls on President Obama to Move Forward on Bipartisan Immigration Reform
Washington, DC - As the dust settles after a hard fought campaign, the American Immigration Lawyers Association (AILA) calls on President Obama to fulfill his promise and move forward on legislation that will improve the economy and build on America's history as a nation of immigrants. Our nation's patchwork of immigration policies and procedures needs an overhaul to offer aspiring Americans a chance to make a better life for their families, and to ensure that the economy benefits fully from the contributions of new and aspiring Americans.
Deferred Action - Applications Release August 15, 2012
Recently, President Obama announced a new immigration policy called Deferred Action. This new policy benefits young people who entered the United States as children and still reside here. Those applicants who qualify for Deferred Action will not be deported and may obtain Employment Authorization. Please watch the following videos for more information on the requirements for deferred actions and some of the risks associated with applying for deferred action.
Recent Success: Waiver of Inadmissibility after 6 Months of Immigration Detention
On April 22, 2012, one of our clients was finally granted permanent residence after spending six months in immigration detention.
Deferred Action Opportunity for Undocumented Young People Who Have Graduated from High School or Served in the Military
On June 15th, the Department of Homeland Security announced that it will exercise prosecutorial discretion to permit under 30-year-old, undocumented aliens who entered the United States as children and who meet certain conditions to have Deferred Action on a renewable basis and be eligible to apply for employment authorization. Secretary Napolitano stated:
"Under this directive, individuals who demonstrate that they meet the following criteria will be eligible for an exercise of discretion, specifically deferred action, on a case-by-case basis:
1.) Came to the United States under the age of sixteen;
2.) Have continuously resided in the United States for a least five years preceding the date of this memorandum and are present in the United States on the date of this memorandum;
Successes at Froman Law Firm - April 2012
Recent successes at Froman Law Firm. Violence Against Women Act, I-601 Waiver of Inadmissibility, and Child Citizenship Act.
USCIS Announces Temporary Protected Status for Syria
Yesterday, the USCIS announced that it will designate Syria for Temporary Protected Status for 18 months. Temporary Protected Status or “TPS” allows nationals of Syria present in the United States as of March 29, 2012, who can prove continuous residence and physical presence in the United States and meet the other requirements to apply for this status. TPS will allow eligible individuals to remain in the United States temporarily and to obtain employment authorization. For more information you may link to the USCIS website through our “Resources” page. The application period extends to September 25, 2012. For assistance with a TPS application or to discuss whether you meet the eligibility criteria, call or email us through our “Contact Us” page.
Important Changes to I-601 Waiver Processing
The USCIS published a Notice of Intent for proposed rulemaking in the Federal Register on Monday, January 9, 2012. This notice outlined the agency's proposed plan to transfer the adjudication of certain I-601 waiver applications from USCIS overseas to stateside processing. This adjudication would take place before the applicant leaves for consular processing, thus eliminating the waiting time abroad and the uncertainty of the adjudication outcome.