tag:blogger.com,1999:blog-11772528327845442212024-02-08T07:41:11.554-05:00US Immigration EducationNew York immigration attorney, Rachel Baskin, provides educational information and news updates regarding US immigration law and policy, for immigrants and US Citizens.Rachel Baskinhttp://www.blogger.com/profile/16005596051472362257noreply@blogger.comBlogger8125tag:blogger.com,1999:blog-1177252832784544221.post-39049427755064806182016-02-28T22:05:00.000-05:002016-02-28T22:05:17.520-05:00Teach Immigration Classroom Project<br />
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I have been working with the American Immigration Council (AIC) and
the amazing April Francis at Uniondale School District through the Teach
Immigration Project on Long Island, teaching students about immigration
history and policy. <span style="background-color: white;"> AIC published <u><span style="font-family: inherit;"><span style="font-size: small;"><span style="color: #222222; font-style: normal; font-variant: normal; letter-spacing: normal; line-height: normal; text-align: center; text-indent: 0px; text-transform: none; white-space: normal; word-spacing: 0px;">Spotlig<span style="font-family: inherit;">ht on the Teach Immigration Classroom: An Inspiring Teacher, a Motivated Attorney, and 26 Engaged Middle School Students</span></span></span></span></u><span style="font-family: inherit;"><span style="font-size: small;"><span style="color: #222222; font-style: normal; font-variant: normal; letter-spacing: normal; line-height: normal; text-align: center; text-indent: 0px; text-transform: none; white-space: normal; word-spacing: 0px;"> on their recent blog about the project: <a href="http://teachimmigration.blogspot.com/2016/02/spotlight-on-teach-immigration.html"><b>http://teachimmigration.blogspot.com/2016/02/spotlight-on-teach-immigration.html</b></a></span></span></span></span><br />
Rachel Baskinhttp://www.blogger.com/profile/16005596051472362257noreply@blogger.com0tag:blogger.com,1999:blog-1177252832784544221.post-57537228647767517792015-10-05T14:59:00.005-04:002015-10-05T14:59:45.821-04:00Diversity Visa Lottery Now OpenEach year the Department of State conducts a lottery for visas (green cards) for nationals of certain countries with the aim of making the United States more diverse. Applicants can enter the lottery <b>for free </b>on the Department of State's website, <a href="https://www.dvlottery.state.gov/" target="_blank">https://www.dvlottery.state.gov/</a>. Only applicants who are <i><b>born in </b></i><a href="http://travel.state.gov/content/dam/visas/Diversity-Visa/DV-Instructions-Translations/DV-2017-Instructions-Translations/DV-2017%20Instructions%20and%20FAQs.pdf" target="_blank">certain countries</a> qualify to enter the lottery. <br />
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If an applicant born in a qualifying country applies, he/she must be truthful on his/her application, which means listing all spouses and children. Additionally, an applicant will have to show that he/she has graduated high school or works in profession that requires at least a Bachelor's degree (or foreign equivalent).<br />
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Interested applicants can apply now. The deadline to submit an application is<b> 12pm EST on November 3, 2015</b>. Those applicants who are selected will be notified of their selection in the Spring of 2016, and will be eligible to receive their green cards by September 30, 2017.<br />
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<b>Again, there is no fee to enter the lottery, and all selections are made by the Department of State, which notifies applicants directly</b>. Similarly, upon notification, the Department of State does not immediately request fees, but rather provides instructions for further payment and application requirements. <br />
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<br />Rachel Baskinhttp://www.blogger.com/profile/16005596051472362257noreply@blogger.com0tag:blogger.com,1999:blog-1177252832784544221.post-88463063344564742252015-09-20T22:15:00.000-04:002015-09-20T22:18:59.228-04:00USCIS Makes it Easier to Submit Applications for NaturalizationIn an effort to make applying for US Citizenship easier for eligible lawful permanent residents, the US Citizenship & Immigration Service (USCIS) announced on Thursday, among other items, that they will begin to accept credit card payment for N-400, Applications for Naturalization. http://tinyurl.com/p532h3z. The current fee for the application is $680.00, which includes the application filing fee and biometrics (fingerprint) fee. USCIS has advised that the fee can be paid using only one method (i.e., applicants cannot pay part of the fee by check, and part by credit card). This change is certainly welcome, and should assist many lawful permanent residents who are eligible to apply for US Citizenship before the next presidential election.Rachel Baskinhttp://www.blogger.com/profile/16005596051472362257noreply@blogger.com0tag:blogger.com,1999:blog-1177252832784544221.post-2010384383754803412015-05-20T14:49:00.001-04:002015-05-20T14:49:12.037-04:00USCIS Publishes Filing Guidance for Certain H-4 Dependent Spouses | USCIS<a href="http://www.uscis.gov/news/uscis-publishes-filing-guidance-certain-h-4-dependent-spouses#.VVzXIK7XCJ4.blogger">USCIS Publishes Filing Guidance for Certain H-4 Dependent Spouses | USCIS</a>Rachel Baskinhttp://www.blogger.com/profile/16005596051472362257noreply@blogger.com0tag:blogger.com,1999:blog-1177252832784544221.post-62159642099930599522015-01-30T21:48:00.000-05:002015-01-30T21:48:06.943-05:00What Expanded Deferred Action for Childhood Arrivals (DACA) MeansPart of President Obama's Executive Actions announced in November included expanding deferred action to undocumented immigrants who arrived in the US before the age of 16. When he first announced the program in 2012, only those immigrants who were under 32 could apply. The President's announcement in November removed that requirement.<br />
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Today, the United States Citizenship and Immigration Services (USCIS) announced that it would begin accepting such applications for Deferred Action for Childhood Arrivals (DACA) on <b>February 18, 2015</b>; and no earlier (http://www.uscis.gov/immigrationaction#daca). <br />
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While the expansion of the DACA program will certainly help additional individuals who may not have previously qualified due to age restrictions, there are still groups of individuals who will not be eligible to request deferred action under the program. The requirement that an applicant enter the US prior to the age of 16 still remains; thus individuals who were 16 or older when they entered do not qualify.<br />
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Further, the requirement that an applicant was physically present in the US on June 15, 2012 and that he/she was out of status on that day <i style="font-weight: bold;">has not changed</i>. This means that individuals who otherwise qualify for DACA, but who were in valid status on June 15, 2012 and fell out of status after that date are <b>not eligible</b> for this expanded DACA.<br />
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Although expanding DACA certainly increases the number of individuals eligible for deferred action, it should not be viewed as encouraging other individuals to enter unlawfully or overstay their visas. The program will not benefit recent arrivals who were not present and out of status in the US on June 15, 2012.<br />
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The specific requirements to qualify for expanded DACA, as explained by USCIS, require applicants to show the following:<br />
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- They entered the US prior to the age of 16<br />
- They have lived continuously in the US since January 1, 2010<br />
- They have been physically present in the US on June 15, 2012. <br />
- They had no lawful status on June 15, 2012.<br />
- They are in the US at the time of filing for DACA.<br />
- They are currently in school, have graduated, or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the US; <b>AND</b><br />
- They have not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors; and do not otherwise pose a threat to national security or public safety.Rachel Baskinhttp://www.blogger.com/profile/16005596051472362257noreply@blogger.com0tag:blogger.com,1999:blog-1177252832784544221.post-91614815208521975682014-12-08T22:24:00.002-05:002014-12-08T22:24:56.038-05:00Need for Reform: Keeping Families TogetherAs I previously explained, President Obama's announcement that he will take executive action, which will result in undocumented immigrants obtaining work authorization will not permanently fix the immigration system. One of the aims of the president's announcement is to keep families together. This is certainly an important goal, however, our current immigration laws do little to reach this goal in a reasonable amount of time.<br />
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For instance, foreign nationals (immigrants) who marry US citizens are not immediately eligible to come to the US with green cards, as the general public may believe. In fact, if the marriage takes place abroad, the foreign national must wait outside of the US before getting his green card, in a process that can take up to one year (or more)! There is a fiance visa, which some apply for, but that process can take approximately 6 months before an immigrant fiance can enter the US. Even then, the couple must marry within 90 days before the immigrant can apply for his green card, which process can take another 6-10 months depending on where the couple lives. <br />
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Marrying a US citizen while in the US is not an immediate guarantee that a foreign national's green card will be issued immediately either. For instance, if an immigrant entered the US as a tourist, but immediately gets married and files for his green card, the Immigration Service can charge him with fraud (since he entered the US stating that his intentions were to travel and return home, he committed fraud by lying to the officer, getting married, and filing a green card application). Alternatively, if an immigrant entered without going through the inspection process (crossed the border), she is not eligible to apply for her green card in the US. Certainly there are exceptions to these rules, but this is the general law for foreign spouses of US citizens.<br />
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The rules become even more complex, and wait times longer when the familial relationship involves parents of US citizens and spouses of green card holders. For example, if a US citizen's parents live abroad, in Canada for example, the US citizen can file an application for his mother and father to become green card holders. The wait time is the same as for spouse of US citizens (approximately one year). If the same US citizen has a sibling in Canada who is a minor and cannot be without her parents, the US citizen cannot immediately sponsor his sibling, and the parents have to find a way to come live in the US, while simultaneously caring for their younger child. Only when the parents become green card holders can they file an application for their younger child. That application can take up to two years, or more to process, and the child cannot live in the US during that time without valid status (a valid visa).<br />
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Similarly, if a green card holder wishes to file an application for his spouse, the spouse must either have a valid visa (valid status), or wait outside of the US while the application is processing. These applications can also take two years or more to process.<br />
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The above examples are for simple relationships, spouses and parents of US citizens, and spouses of green card holders. However, there is no "simple" way for these families to be together immediately. The process is long, arduous and often frustrating. If our country's goal is to keep families together, certainly we can simplify this system through meaningful reforms.Rachel Baskinhttp://www.blogger.com/profile/16005596051472362257noreply@blogger.com0tag:blogger.com,1999:blog-1177252832784544221.post-52706217932885681682014-11-21T21:16:00.001-05:002014-11-21T22:18:08.515-05:00President Obama's Executive Action: Amnesty vs. Deferred ActionIn the wake of President Obama's announcement last night to extend deferred action initiatives to undocumented immigrants, it is important to understand that such action is not amnesty, nor does it grant legal status to undocumented immigrants as suggested by various media outlets.<br />
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The term "amnesty" means a pardon or forgiveness. Past immigration amnesties were pardons, forgiving undocumented immigrants who were in the United States, providing them a pathway to become green card holders first, and eventually US Citizens. <br />
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Deferred action is <i>not </i>a pardon or forgiveness. In fact, it does not provide a pathway to obtain permanent resident status (green card) or US Citizenship. Simply put, in this context, it is the government's decision not to place certain undocumented immigrants in immigration court, (deportation or removal proceedings). It is an act of prosecutorial discretion. While undocumented immigrants who qualify for this prosecutorial discretion will be eligible to apply for work authorization, they will not be entitled to other government benefits as they would be if they were granted amnesty.<br />
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Accordingly, stating that these undocumented immigrants who will benefit from President Obama's actions will be given legal status and be pardoned for their immigration violations is inaccurate. They will merely be protected for a set period of time from deportation, with no clear path to obtain permanent legal status in the United States.Rachel Baskinhttp://www.blogger.com/profile/16005596051472362257noreply@blogger.com0tag:blogger.com,1999:blog-1177252832784544221.post-43765832021279747332014-11-16T21:13:00.000-05:002014-11-21T22:17:53.823-05:00Defining "Illegal Immigrants"<div class="MsoNormal">
As the discussion about immigration reform and presidential action continues, it is important to accurately classify the immigrants in the United States, and the benefits for which they may already qualify. This is especially important for the media, which is reporting on the proposed changes to immigration law and policy. For instance, <i>The Wall Street Journal </i>published an article recently discussing possible changes to immigration policy (<a href="http://online.wsj.com/articles/obama-may-cut-deportations-1414626089">http://online.wsj.com/articles/obama-may-cut-deportations-1414626089</a>), using the term "illegal immigrant" to define the class of immigrants with no lawful status in the United States<span style="mso-spacerun: yes;">. </span></div>
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Unfortunately, "illegal
immigrant" has become a common term for someone who does not have the
appropriate authorization to be in the United States, such that it leads to
errors in reporting.<span style="mso-spacerun: yes;"> </span>Specifically, articles often refer to “illegal immigrants” who would obtain some benefit from President
Obama’s expected executive action on immigration. <span style="mso-spacerun: yes;"> </span>In doing so, reports often fail to make critical distinctions regarding illegal immigrants, who are more appropriately
called undocumented or unauthorized.<span style="mso-spacerun: yes;"> </span></div>
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There are two types of undocumented immigrants in the United
States.<span style="mso-spacerun: yes;"> </span>The first class is those who
entered the United States legally, going through procedures with Customs and
Border Protection, but have stayed in the United States beyond the time granted
to them when they entered (generally referred to as an “overstay”).<span style="mso-spacerun: yes;">
</span>The second class includes those individuals who entered the United
States unlawfully, crossing borders, without being inspected by a Customs and
Border Protection officer.<span style="mso-spacerun: yes;"> </span></div>
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This distinction is important for several reasons, most
importantly, the class of undocumented immigrants who enter the US lawfully can
generally become green card holders in the United States, barring other
immigration or criminal violations, so long as they have an immediate relative
(U.S. citizen spouse, parent, or child) who can file an application on their behalf.<span style="mso-spacerun: yes;"> </span>Simply put, their immigration violation of
overstaying is forgiven and in many cases these undocumented immigrants can immediately apply for a green card while in the United States.<br />
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For the class of unauthorized immigrants who crossed the
border unlawfully, they cannot obtain legal
status by marriage to a US citizen, or by a petition filed by a US parent or child, unless they return to their home country. Previously, the regulations required that this class of undocumented immigrants wait for a significant time outside the US before returning, as they had to request forgiveness for their previous immigration violations (entering the US unlawfully and remaining here).<br />
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However, the Department of Homeland Security established regulations in 2012, which went into effect in the beginning of 2013 that
allow undocumented immigrants who entered the US unlawfully, and marry a US
citizen or have a US citizen parent to submit an application, an advanced waiver, so that they do not
have to spend significant time waiting in their home country.<span style="mso-spacerun: yes;"> This waiver is available to undocumented immigrants whose only immigration violation is remaining in the United States without lawful status, and who are married to US citizens or have US citizen parents.</span><br />
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Given the complexity of immigration law, and the debates that ensue when discussing
the need for comprehensive reform or potential executive action, it is critical that the public understand
some basics so we can move forward in finding a workable solution that benefits
the United States.</div>
Rachel Baskinhttp://www.blogger.com/profile/16005596051472362257noreply@blogger.com0