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Hot Topics in CIR and Family Immigration

http://www.shusterman.com This presentation explains the proposed Comprehensive Immigration Reform (CIR) bill. Schedule a legal consultation (by Skype, telephone or in person) at https://shusterman.com/intake-secure.html. The CIR bill passed by the US Senate in 2013 offers a pathway to citizenship for the 11 million undocumented immigrants in the US, mandatory employment verification, border security, entry and exit systems, and visas for both low and high-skilled workers. One major step toward eliminating backlogs would be to recapture unused visa numbers from 1992-2013 to be added to the numbers available for fiscal year 2015. While the bill would decrease the number of annual FB green cards from 226,000 to 161,000, it would expand the immediate relative category to include spouses and children of permanent residents. For more information please visit our Comprehensive Immigration Reform bill page at http://shusterman.com/immigrationreform2013.html

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Hot Topics in CIR and Family Immigration

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  1. Hot Topics in Immigration Reform and Family Immigration Law Immigration Attorneys Carl Shusterman Anu Joshi

  2. Proposed Immigration Reform Bill (S.774) Passed by the Senate on June 29 What will happen in the House? No single bill as yet Forcing a Vote? Discharge Petition?

  3. Legalization • Entered U.S. before 12/31/2011 • Registered Provisional Immigrant (RPI) • Pay a penalty, back taxes • Receive work authorization • May travel abroad • LPR after 10 years • Citizen after 3 more years • Generous provisions for DREAMers, agricultural workers

  4. Family-Based System Move FB-2A into immediate relative category Allow for derivatives of immediate relatives Eliminate the FB-4 category Married children of U.S. citizens eligible until 31 Return of the V visa

  5. Employment-Based System • Exempt from quotas: • EB-1 immigrants • Doctoral degree holders, • Physicians who have completed the foreign residency requirement • Derivatives • EB-6 category for certain start-up investors

  6. Temporary Workers W-1 visa for lesser-skilled workers W-2 visa for contract-based workers W-3 visa for "at-will" E-B workers W-2/W-3 visas to replace H-2A program

  7. Asylum Eliminate the one-year filing deadline Authorize asylum officers to grant asylum during credible fear interviews

  8. Mandatory E-Verify All employers to be on the system after 5 years “Biometric Work Authorization Card” “Biometric Green Card”

  9. H-1B Visas • Increase general cap to 110,000. 180,000 max • Raise advanced degree cap to 25,000 • Limited to STEM grads • Recruitment requirement for all H-1B LCAs • EADs for spouses • 60-day grace period after H-1B job termination

  10. Fraud Crime to knowingly defraud an immigrant or falsely claim to be an attorney or accredited representative ID required for individuals helping immigrants with their forms Attorney General to prosecute fraudulent "immigration service providers" at federal level

  11. Deferred Action for Childhood Arrivals (DACA) • What is DACA? • Not a Law, Does Not Lead to Green Card or U.S. Citizenship • Not the DREAM Act • DHS Prosecutorial Discretion

  12. Who is Eligible to Apply? • Under Age 31 on June 15, 2012 • Came to U.S. before 16th Birthday • Resided Continuously in the U.S. since June 15, 2007 • Physically Present in the U.S. on June 15, 2012 and Day Application is Made • EWI or Overstay before June 15, 2012 • In School, Completed High School or GED, or Military Veteran • No Conviction or Felony, Significant Misdemeanor, or 3 Misdemeanors

  13. Immigration Forms • Forms • I-821D, Consideration of DACA • I-765, Employment Authorization • I-765 Worksheet • Fee: $465 • DACA and Work Permit • Travel Permits Only in Limited Circumstances • Background Checks

  14. Absences from U.S. Permitted • Brief, Casual, and Innocent • Not Due to Deportation, Exclusion, or Removal Proceedings • Not for an Unlawful Purpose

  15. Criminal Convictions • Felony only if Punishable by Term of Imprisonment Exceeding One Year • Significant Misdemeanors Include Crimes of Domestic Violence, Sexual Abuse or Exploitation, Burglary, Unlawful Possession or Use of a Firearm, Drug Distribution or Trafficking, DUI or where Sentence was for 90+ days

  16. Criminal Convictions • 3 Misdemeanors • Traffic Violations including Driving without a License are not Misdemeanors • Expunged or Juvenile Convictions are not Necessarily Disqualifiers • Public Safety Threat – May Include Gang Membership or Criminal Activities

  17. Acceptable Evidence • Official Records: Financial, Medical, School, Employment, and Military Records, etc… • 2 or More Affidavits May be Acceptable to Close Gaps in Documenting Continuous Residence and Physical Presence Requirements • Affidavits not Acceptable to Prove Other Requirements • Circumstantial Evidence

  18. Removal Proceedings and Detention Bars • Persons in Removal Proceedings May be Eligible • Persons with Pending Applications for Relief from Removal Okay • Persons in Detention Need to Apply for DACA with ICE, not USCIS

  19. What if an Application is Denied? • No Appeal • No Motion to Reopen or Reconsider • Review of Certain Denials Based on RFEs Permitted • Reapply?

  20. Questions?

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