- No one can apply yet as of December 29, 2014. People should be able to apply for Expanded DACA around February 18, 2015. People should be able to apply for the new DAPA program around May 19, 2015.
- Not everyone will qualify. Being the parent of a United States Citizen or Lawful Permanent Resident child alone is not enough to qualify you for the DAPA program. Being a childhood arrival is not enough to show that you qualify for the DACA program. You must meet other requirements
- Before you apply for any program, get legal help. Talk to someone who is qualified to give you legal advice, such as an immigration attorney
- Submitting the wrong information can ruin your chances of being granted Deferred Action. Make sure all the information and documentation is true and correct. You can start collecting supporting documents now.
- Don’t get scammed. There are notarios and other unscrupulous people who are already trying to take advantage of this news. They will make you promises they can’t deliver on, and could make you a target for deportation. Go to www.stopnotariofraud.org for more information.
The American Immigration Lawyers Association (AILA) has come out with a poster (in English and in Spanish) on five things you need to know about President Obama's Immigration Announcement:
The President Obama's Executive Action included provisions to promote the naturalization process for U.S. Lawful Permanent Residents to become U.S. Citizens. Among the provisions would be allowing for the applicants to pay the application fee by credit card, along with the potential for fee waivers for those who qualify. The government wants to promote citizenship education and public awareness. There are many benefits of U.S. Citizenship. Contact a Partner Attorney to find out more.
Schneck & Harley Immigration Law Group, LLP is hiring! We are looking to add a Part / Full Time Legal Secretary at our Pittsburgh Office. If you are passionate about helping Immigrants, possess strong interpersonal skills, have a genuine interest in being of service to others, and have fluency in Spanish, you should consider applying for this position. You can send your application to contact@SHImmigration.com for consideration. Please see the job description and requirements below.
Schneck & Harley Immigration Law Group, LLP is hiring! We are looking to add a Part / Full Time Office Secretary at our Pittsburgh Office. If you are passionate about helping Immigrants, possess strong interpersonal skills, have a genuine interest in being of service to others, and have fluency in Spanish, you should consider applying for this position. You can send your application to contact@SHImmigration.com for consideration. Please see the job description and requirements below.
If you are a United States Citizen, you may petition for a visa for your foreign national fiancé(e), as long as you are both free to marry in the U.S. The petition is called I-129F fiancé(e) petition and the visa is often referred to as the K-1 visa. The visa is a non-immigrant visa so that you may bring your fiancé(e) to the U.S. and marry within 90 days of your fiancé(e)’s entry into the United States.
If you plan to marry a foreign national outside the United States or your fiancé(e) is already residing legally in the United States, you do not need to file for a fiancé(e) visa, but instead would file for lawful permanent residency.
Generally, you will need to have met each other, in person, at least once within 2 years prior to filing your fiancé(e) petition. There are two rare exceptions to the rule for the in-person meeting that require a waiver and we recommend that you consult with an attorney to see if the exception applies to your situation.
The fiancé(e) petition requires proof of a bona fide relationship and generally takes about 6 months to process with the U.S. Citizenship and Immigration Services (USCIS). If your fiancé(e) has children under the age of 21, you can also petition for them. If the child is yours, you would need to consult with an attorney regarding recognizing the child’s status.
Once approved, the petition is then sent to the Consulate in the country indicated with the Department of States, where you as the petitioner will need to show proof that you can support your foreign national fiancé(e). A medical examination before an indicated Civil Surgeon will be conducted and police clearances will be required in order for your fiancé(e) to be granted the visa. The fiancé(e) visa (or K-1 nonimmigrant visa) allows your fiancé(e) to enter the United States for 90 days so that your marriage ceremony can take place.
Once you marry in the U.S., your spouse may apply for permanent residence and remain in the United States while USCIS processes the application. As part of this process, your spouse will need to again see a USCIS Civil Surgeon in the United States and prepare more forms, including further evidence that the petitioner (U.S. Citizen) meets the Affidavit of Support requirements. Some common questions that arise are below:
The spouse cannot obtain a Social Security number until he/she has either the Employment Authorization Document Approval or the Lawful Permanent Residency Card (i.e. green card).
For employment, he/she also cannot work until he/she has either the Employment Authorization Document Approval or the Green Card. It almost always takes the 90 days to process the Employment Authorization document. There is no maximum and sometimes it can take longer.
For travel abroad, he/she cannot do so until he/she has the approved Advance Parole Document or the Green Card. A K-1/K-2 visa is only valid for one entry and leaving before is problematic.
To ensure smooth and fast processing by USCIS, our immigration attorneys can work with you to ensure that all the forms, documents, and evidence are correctly prepared and filed with USCIS and give you the peace of mind that you are correctly following all procedures. Evidence gathering and presentation often will have a significant impact on the processing time. On average it takes about 90 days for the approvals of the work/travel permits and/or the scheduling of the interview if there is one.
Once approved, the Green Card is granted for a conditional period of two years. An application to remove the conditions on the residency will then be required within 90 days of the expiration date. Please contact one of our attorneys if you have any questions regarding the Removal of Conditions petition.
Disclaimer: Published on April 11, 2014 with latest available information. This is a blog article for general education and is not intended as legal advice. Please contact our attorneys for legal advice.
As of April 2014, there are fourteen states (California, Connecticut, Delaware, Iowa, Maine, Maryland, Massachusetts, Minnesota, New Hampshire, New Jersey, New York, Rhode Island, Vermont, and Washington) that permit same-sex marriage. Washington, DC also recognizes same-sex marriage.
The countries of Argentina, Belgium, Brazil, Canada, Denmark, France, Iceland, the Netherlands, New Zealand, Norway, Portugal, South Africa, Spain, Sweden, and Uruguay also currently recognize same-sex marriages.
Thus, same-sex couples who marry in one of these states or countries can apply for U.S. immigration benefits based upon this marriage. Please contact our attorneys if you have any questions.
Published on April 16, 2014 with latest available information. This is a blog article for general education and is not intended as legal advice.
This final rule adds Chile to the list of countries authorized to participate in the Visa Waiver Program. Accordingly, beginning March 31, 2014, eligible citizens and nationals of Chile may apply for admission to the United States at U.S. ports of entry as nonimmigrant visitors for business or pleasure for a period of ninety days or less without first obtaining a nonimmigrant visa, provided that they are otherwise eligible for admission under applicable statutory and regulatory requirements.
Contact our law firm if you have questions.
The Original notice can be found in English on the USCIS website here . Below, please find our Spanish translation of this notice as an information service for our Spanish speaking clients. The content below is NOT the official translation by USCIS and Should not be construed as legal advice. If you need legal assistance for Deferred Action application for renewal or guidance, please contact our law firm.
ICE- Orientación para la Renovación de DACA Otorgada
Este aviso contiene información renovada solo para aquellos individuos que han sido concedidos DACA por el Servicio de Inmigración y Control de Aduanas de Estados Unidos (U.S. Immigration and Customs Enforcement o ICE) desde junio 15, 2012 hasta agosto 15, 2012, cuando USCIS comenzó a recibir solicitudes. Nuestros datos indican que este aviso solo le aplica a una fracción pequeña de la populación de DACA. Este aviso no le aplica a ningún individuo que ha recibido acción diferida al realizar una petición a USCIS utilizando la Formulario I-821D en o antes de Agosto 15, 2012. En los próximos meses, USCIS emitirá orientación sobre el proceso de renovación para este grupo.
RE: Formulario 1-797C, Aviso de Acción
Tipo de Caso: Formulario 1-821D, Consideración de Acción Diferida para los Llegados en la Infancia.
This is a re-post of the USCIS blog from January 30, 2014. The original blog post can be found here: http://blog.uscis.gov/2013/08/scam-alert-caller-id-spoofing.html
WARNING: We have received several reports of the following scam in just the past few days!
In recent weeks, we learned of a new telephone scam targeting USCIS applicants and petitioners. Scammers are using a technique called “Caller ID spoofing” to display a misleading or inaccurate phone number in a recipient’s Caller ID.
The scammer poses as a USCIS official and requests personal information (such as Social Security number, passport number, or A-number), identifies supposed issues in the recipient’s immigration records, and asks for payment to correct these records. Often, scammers will threaten victims with deportation or other negative consequences if they do not pay.
If you receive a call like that, USCIS urges you to hang up immediately.
USCIS never asks for any form of payment or personal information over the phone. Do not give payment or personal information over the phone to anyone who claims to be a USCIS official. In general, we encourage you to protect your personal information and not to provide details about your immigration application in any public area.
If someone claiming to be from USCIS calls making threats such as deportation and tells you to make a money transfer or go to a store or drug store to purchase a money order, voucher or make some other type of money exchange, payment or withdrawal - do not go along with it - hang up and report it!
If you have been a victim of this telephone scam, please report it to the Federal Trade Commission at https://www.ftccomplaintassistant.gov/, or report it to an appropriate state authority. (Visit www.uscis.gov/avoidscams for information on where to report scams in your state.)
If you have a question about your immigration record, please call the National Customer Service Center at 1-800-375-5283, or make an InfoPass appointment by visiting our website at http://infopass.uscis.gov/.
posted by USCIS Blog Team @ 9:40 AM
By Mark Harley, Schneck & Harley Immigration Law Group, LLP
Note: The author is the immediate past chair of the Pittsburgh Chapter of the American Immigration Lawyers Association and is a partner in Schneck & Harley Immigration Law Group, LLP. He also served as an Immigration Advisor to a Member of Congress.
The United States Congress has recently taken up the issue of Immigration Reform. Some may recall that this was a hot topic several years ago, and was a key agenda item of former President George W. Bush. However, due to a number of reasons that proposed reform stalled and never became law.
After the elections of 2012, both Democrats and Republicans again turned to the topic of Immigration Reform and it looked like the government was finally going to act. Both parties recognized that the present immigration system is crippled and needs overhauled. The question is how to do so?
Immigration Law Firm