Florida Immigration Lawyers Blog

Many if our clients have been calling to inquire if they should indeed go for the prosecutorial discretion route. As always I give my answer depending on the facts of the case. Consider Amy who is in court proceedings because United States CItizenship and Immigration Services( USCIS) denied the I-130 petition of her husband.

Amy filed an appeal to the Board of Immigration Appeals but the appeal is still pending. The immigration Judge has graciously granted Amy a few continuances awaiting the final decision on the appeal. Amy has been married for over ten years and has a valid marriage. But for whatever reason USCIS is not convinced that the marriage is a true and real. Now Amy's husband, the petitioner has been diagnosed with cancer. What should she do? Well the stress of court is getting to her and plus she has has the pressure of taking care of her husband. I think in this situation Amy should apply for prosecutorial discretion since we have no way of knowing how long the appeal process will take. In addition, Amy can always reopen her case with the Immigration Court once her appeal is decided.

Amy has to be sure to document her case properly for the the Department of Homeland Security. She has to be sure to submit to the DHS, all medical records of her husband. She also needs to submit proof that theirs is a good bona fide marriage.

Many of our legal analysts have said that the process does not help. I beg to differ. We are finally giving a chance to people to stay in the United States even if the Immigration Judge in his or her discretion decides that a case is not approvable. Let us now wait for the USCIS to comply and issue the oh so needed work permit.

Prosecutorial discretion is not for everyone. If you have a strong case for cancellation of removal or other forms of relief then by all means proceed with your case which may lead to permanent residence. But speak to your attorney first.

So much for reform!!! Reuters told it straight:

Reuters - President Barack Obama says he backs immigration reform, announcing last month an initiative to ease deportation policies, but he has sent home over 1 million illegal immigrants in 2-1/2 years -- on pace to deport more in one term than George W. Bush did in two.

The Obama administration had deported about 1.06 million as of September 12, against 1.57 million in Bush's two full presidential terms.

This seeming contradiction between rhetoric and reality is a key element of debate over U.S. immigration policy, and stakes are high for 2012's presidential election as Obama faces criticism from both conservatives and liberals.

In 2008, 67 percent of Hispanics voted for Obama over Republicans John McCain and Sarah Palin.

Obama fell short on his promise to have a comprehensive reform bill in Congress in his first year. And despite his push of the DREAM Act in 2010, that bill failed in the Senate at the end of the Democrat-run 111th Congress.

Clarissa Martinez de Castro, Director of Immigration and National Campaigns for the National Council of La Raza, said because Congress is unlikely to consider immigration reform any time soon, "It has to stay there front and center and in the face of folks that are allowing this issue to fester."

The Administration announced its initiative August 18, a step some analysts say gave up on an uncooperative Congress and aimed to appease advocates of more liberal immigration laws.

Some 11.2 million illegal immigrants live and work in the United States today, according to the Pew Hispanic Center. The initiative is expected to help an estimated two million young people who under the stalled DREAM could have achieved citizenship by pursuing higher education or military service.

Under the move, the Department of Homeland Security and the Department of Justice will review and clear out low-priority cases from 300,000 backlogged deportation proceedings.

Since Obama's election in 2008, he has paid only lip service to devising a fair and humane approach towards the issue of immigration. Deportations have gone up and only token gestures of support have been lent to the idea of comprehensive reform. Thus it was all the more surprising when Immigration and Customs Enforcement Director John Morton released a June 17 memo on the exercise of discretion in immigration enforcement, which appears at first glance to be the most definitive--and encouraging--step yet taken toward the reassertion of presidential leadership and sanity when it comes to the issue. After more than two years of shuffling and fumbling, is Obama finally finding his balance on immigration?

The Morton memo, if it's followed, comes close to a de-facto DREAM Act. That's still a big if--the memo, directed to all ICE officers, agents and attorneys, is laced with "shoulds," which are hardly the same as direct orders--but the long list of particulars to be considered in enforcement decisions, and the call for discretion itself, indicate the clearest signs of moderation--and reason--in immigration policy since Obama's election.

Read More Obama's Humane Immigration Move.

The battle over Georgia's stringent new immigration enforcement law shifted to the courts Thursday when several civil rights groups filed a lawsuit to stop the measure from ever taking effect.

The American Civil Liberties Union of Georgia, the Southern Poverty Law Center and several immigrant rights organizations and individuals are challenging the law in Atlanta's federal district court. They are arguing the measure is pre-empted by federal law and unconstitutional, and they are asking a federal judge for an injunction, hoping to block the measure before it is set to become law July 1.

Georgia lawmakers said they knew the lawsuit was coming and said they crafted the immigration law so it would stand up in court. "We believe that the provisions of the bill will be vindicated when put to the scrutiny of the court system," said Republican Rep. Matt Ramsey of Peachtree City, the author of the law.

But Omar Jadwa, a staff with the ACLU's Immigrants' Rights Project, called the law "fundamentally un-American."

"We are not a 'show me your papers' country, nor one that believes in making certain people 'untouchables' that others should be afraid to assist, house or transport," Jadwat said. "The courts have blocked Arizona's and Utah's laws from going into effect. Georgia should be prepared for the same outcome."

Read more: Civil rights groups file lawsuit, challenging Georgia's new illegal immigration law

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Democrats and Republicans in the House of Representatives joined together Tuesday to reject by a 2-1 margin an anti-illegal immigration bill.

Republicans mostly complained it was a watered-down version that did nothing to crack down on illegal immigration in the state while Democrats said either they opposed the concept altogether or asked that lawmakers spend more time on the issue.

The House voted 62-31 to reject a conference report on the latest version of House Bill 1446, which is the only anti-illegal immigration measure left alive this session.

The measure's author, Rep. George Faught, R-Muskogee, made a motion to table the bill, a move that would keep the measure alive so it could be brought up again next year.

Read More: House votes down immigration bill.

 Existe una visa de prometido? Claro que si. Solo si es usted ciudadano americano. No aplica a residentes permanentes. Usted puede hacer una petición para traer a su prometido a los EEUU con una visa especial llamada K-1. Con esta visa, su prometido podrá viajar a los EEUU y uds. podrán casarse aquí. Es necesario tener presente que la boda tiene que ser antes de los 90 días, si no su prometido será considerado ilegal. Si la relación no funciona, su prometido tendrá que irse de los EEUU. Su prometido no podrá casarse con otra persona puesto que ya caería fuera de validez y no se le permitirá recibir la residencia. Otra pregunta común es: Es mejor traer a mi prometido con la visa K-1 o seria mejor casarnos en el país de mi prometido y traerlo a los EEUU como mi cónyuge? Eso se lo dejo a su preferencia. La espera es mas o menos la misma con cualquiera de las dos.

The Federal Reserve Bank of Dallas warned Wednesday that the United States is at the risk of falling behind in the global race for talent peoples because of Washington’s current immigration policies. The bank released its 2010 yearly report and says U.S. needs highly-skilled foreign-born workers who actually contribute more to the American economy than take away.

According to latest statistics, immigrants with more than a high school education contributed $105,000 more in taxes than they used in public services, while lower-skilled migrants actually cost $89,000 more than they contributed in taxes during their lifetime. Fed senior economists pointed out that too much focus by Washington on illegal immigration causes federal authorities to miss that the legal system of immigration needs reform as well. He added, “45 percent of medical scientists and 37 percent of computer programmers are immigrants”.

Since 1996 the number of permanent resident visas is unchanged and more than 1 million skilled-workers still waiting from an employment-based green card from the government. Because of this situation, some have given up waiting or applying, while relatives of U.S. citizens and other legal residents or even refugees find it easier to acquire green cards.

A young woman was deported to Peru along with her parents. At first all seemed hopeless after living in the United States for almost twenty years since the age of four. Her boyfriend who was born in the United States went to Peru, got married to her and filed the petition for her. The hard part was not the petition but the waiver which we filed explaining to the American Embassy that she needed to be here in the United States to be with her new husband who was suffering from severe depression. So there is hope even when someone gets deported.  Doing a good affidavit is really the key . The citizen spouse must show health issues if applicable, financial difficulty, lack of educational opportunities and lack of family ties.  Congratulations to our latest couple who were reunited!

The R visa is a religious visa for persons who would like to work in a church or religious organization. Who would apply for a R visa? Priests, ministers, religious workers. As in all visas you would need a job offer from a Church or religious organization in the United States. You must have training as a religious worker in your home country that is in the form of religious education or studies or experience working in a religious capacity. My experience is that religious studies and experience is always more favored  by the USCIS.  I often get this question: Can I work with any company with my R visa? No you must work with the Church or religious organization that sponsored you. You cannot work for a hospital or a school with the R visa. What about the residence or green card ? Well, after working for 2 years with the R visa you may apply for  your residence. It is very important to show pay stubs, taxes etc.  In other words, you must be able to show that you were making a salary.

Is there such a visa? Sure there is . But only if you are a citizen of the United States. Not a legal permanent resident. You can petition to bring your fiance to the United States with a special visa called a K-1. With this visa, your fiance will be able to come to the United States and you can have your big wedding here. Remember though that the marriage must take place within 90 days, if not, your fiance will be considered illegal or "out of status".  Also if the relationship does not work out, your fiance must leave the United States. Your fiance will not be able to marry someone else because that would make your fiance fall out of status and he or she will not be be allowed to receive their residence. So, the big question often times is : which is better? Bringing my fiance over on a K visa or should I just marry my fiance in his or her home country and bring them over as a  spouse? I say this is a matter of preference. It really is up to the individual to decide what they would prefer. Some people do the fiance visa so that they are able to have their wedding in the United States. As far as length of time, the time frame is about the same if you do a fiance visa or a spousal petition.

Which family member can sponsor you? A parent and  spouse  of course. A child who is a citizen of the United States can also sponsor his or her parents. What about a brother and  sister? Only if they are citizens. A  U. S. citizen can sponsor a child who is married but a legal permanent resident cannot. And remember an aunt, uncle or grand parent cannot sponsor you.

Many people have contacted us regarding the emails that they have been receiving regarding the lottery program. The emails state that they are winners of the lottery program and are eligible to become residents of the United States. The Department of  State does not send anyone emails to advise them of their approval.  Applicants from last year who won the lottery will get a letter and applcants who would like to find out if they were chosen this year must go to the website : www.dvlottery.state.gov. This is very important. Please do not send any moeny to any locations mentioned in the emails

First lady, Michele Obama said on Latin TV that the Latin community should put pressure on the Republicans to pass Immigration Reform. It seems to me that we should put pressure on all members of Congress. No one from either party has introduced any kind of bill for immigration reform.  It would be wonderful if the First Lady could be a champion for immigration reform. She has been so effective in promoting healthy eating for our young children in addition to exercise and healthy school lunches.  Send me your comments on how we can put our efforts together to get the First Lady on our side to push for immigration reform.

I am impressed at the many doctors who have contacted us from different countries. The United States is in need of doctors. Many doctors find it easier to get a J visa which allows you to work and receive training from a U.S. hospital.  The restriction is that sometimes there is a requirement that after training is received you will need to return to your home country to work and and use your "training" that you received in the United States. Of course there are times when this restriction is not required of you. Send out many resumes to local hospitals.  There are hospitals in under privileged areas that might be  be more willing to employ you if you apply.

The P visa is for you. I know that there is a big question. How can I apply? Yes you do need a job offer from a company, agent or an organization here as a sponsor.  Maybe you just want to perform at an event or in the case of an athlete play at an important tournament in the United States. But it is important to get the "event"to send you a letter of invitation.  This is not at all impossible, the internet is there for us to do our research and find good sponsors. There are always company looking for good talent.