Immigration Law Year in Review - The positives and negatives of 2015

Immigration was a major issue for much of 2015. Despite the negative press, the news was not all bad for immigrants. Last week we covered some of the top developments of 2015 from January to June. Here are the top ones for the rest of the year: July 2015 California moves to allow undocumented immigrants to purchase Obamacare insurance.

New guidance regarding H1-B visas allows spouses of H-1B workers to apply for work authorization for themselves. This means H1-B employees do not have to be the sole support of their families and eases their financial burden. September 2015 The Department of Homeland Security announces Temporary Protective Status (TPS) classification for Yemen for 18 months due to the ongoing armed conflict within the country. The Department of State releases new visa bulletins to help those applying for adjustment of status know when their visa will become available. The new rules implement the White House’s initiatives to modernize and streamline the immigration process. October 2015 The hotly debated EB-5 program gets a temporary extension. The EB-5 program enables foreigners to obtain legal permanent residency in the US through investment in a new commercial enterprise. Although the program brings almost $2 billion into the US annually, it has been subject to ongoing criticism. We expect the issue to be taken up again in December or January. USCIS launches its electronic immigration system allowing immigrants to file certain documents online, such as applications for green card renewals and replacements. November 2015 The U.S. Court of Appeals for the Second Circuit says mandatory detention of undocumented immigrants who commit certain crimes is allowed, but it cannot be indefinite. They have a right to a bail hearing. December 2015 On December 8^th, the House of Representatives overwhelmingly passes a bill imposing new visa waiver restrictions on those traveling to the U.S. Immigration will continue to be a big issue for next year and we expect new challenges as well as positive changes. We will continue to keep you up-to-date on the latest developments and help you understand what it means to you. If you have an immigration question, please contact us for assistance.
Read More Less »

By Ruthie Sanchez | Published December 29, 2015 | Posted in Criminal Issues, Immigration Reform, Your Family, Your Rights | Tagged 2015, immigration

Cancel reply

Considering the upcoming 2016 election, now is a very exciting time to be an immigration lawyer. It’s going to be a huge topic for conversation as people discuss the refugee situation and political candidate stances on the subject. I can’t even predict what’s going to be on 2016’s year-in-review list.

Immigration News from ILW.COM

FAQs

Q: My employer wants to sponsor me to get a green card – can they?
If you entered the United States without visa and are working here without legal documentation, your employer may be able to help you. But it’s important to understand that just because your employer wants to help doesn’t mean you will be able to obtain a green card. The process for obtaining a green card is complicated and depends on many factors, including your prior history (and your family’s prior history) in the United States. So it’s good that your employer wants to help but the first step is to call us for an interview so we can understand more about your situation.
Q: How can I get a work permit?
A work permit is a common way of referring to an Employment Authorization Document (EAD), which is issued by the Immigration Service (which is part of the U.S. Department of Homeland Security). Under U.S. law, you need a work permit or EAD in order to become a legal employee of a U.S. company. Many lawyers will promise to get you a work permit, but you have to be careful about this. The catch is that you can’t simply apply for a work permit or EAD in itself. In order to apply for a work permit you have to make an application for legal status in this country on some other basis. Don’t believe any other lawyer or person who tells you it’s an easy thing to get a work permit. Call us for an interview and we can explain to you how the process and immigration laws in the United States really work.
Q: Can I apply for deferred action now?
As a result of the injunction issued by the District Court in Texas, applications for the expanded DACA program and DAPA are currently on hold. The Department of Homeland Security is not currently accepting requests for the expansion of DACA, as originally planned. Until further notice, it has suspended the plan to accept requests for DAPA.
Q: Does the new executive order or court injunction change Deferred Action protection under existing DACA?
The Court’s order does not affect the existing DACA. Individuals may continue to come forward and request initial grant of DACA or renewal of DACA pursuant to the guidelines established in 2012. This ruling only delays the start of DAPA and the expansion of DACA.
Q: Who can I contact for more help or information?
It’s important that you speak with a qualified attorney who can explain all the options and issues relating to your immigration status. Do not take advice about your immigration case from a notary public or an immigration consultant. The U.S. immigration laws and rules are very complicated and many people take advantage of undocumented immigrants, making promises and charging money without providing honest advice. Contact only a qualified immigration lawyer for legal advice about your case. If you encounter 'notarios' who offer legal advice without a license, report it.
Q; What should I do now?
You can begin preparing now! Even though DHS is not currently accepting applications under DAPA or the expanded DACA programs, individuals who are potentially eligible for Deferred Action status should begin preparing their applications now. It is very likely that the Texas decision will be overturned and there will probably be a rush of applicants when that happens. Individuals should be ready with their applications and start now by gathering the necessary documentation and seeking good counsel to give themselves the best chance for success and to avoid potential problems.
Q: I haven’t seen my mother since I came to the U.S. 10 years ago. Can I apply for a visa so she can join me here?
If you are a U.S. citizen or have a Green Card, then yes, you can apply for a visa for your family members. But the process can take a long of time, depending on your own status. If you’re a U.S. citizen, it might take 8 months to a year to process the application. The waiting time will be much longer if you’re a Green Card holder. Generally, the sooner you start the process the better, so contact one of our attorneys now to get started or browse our site to learn more about the different types of visas available for family members.
Q: My grandma is sick back home – can I go visit her?
Whether you can travel abroad depends on your immigration status. If you have been granted DACA or if you have a Green Card in hand – you still must ask for advanced permission in order to leave the country. This is called advanced parole. Obtaining advance parole is relatively inexpensive. But it is not without risk, because there is really no way to guarantee that you will be able to return. Your return is ultimately within the discretion of the authorities at the point of your reentry to the U.S.
Q: Can our company sponsor an employee to get a green card?
If one of your employees entered the United States without visa and is working here without legal documentation, you may be able to help this person obtain legal immigration status. This doesn’t necessarily mean they will be able to obtain a green card. The process for obtaining a green card is complicated and depends on many factors, including a person’s prior history (and their family’s prior history) in the United States. It’s definitely helpful to their case if you, as their employer, are willing to help, but the first step is to have the employee call us for an interview so we can understand more about their situation.
Q: What is a work permit?
A work permit is a common way of referring to an Employment Authorization Document (EAD), which is issued by the Immigration Service (which is part of the U.S. Department of Homeland Security). Under U.S. law, an employee needs a work permit or EAD in order to become a legal employee of a U.S. company. Many lawyers will promise to get undocumented immigrants work permit. But you have to be careful about this. The catch is that you can’t simply apply for a work permit or EAD in itself. In order to apply for a work permit a person must make an application for legal status in this country on some other basis. So don’t let your employees get gulled into believing that it’s easy to get a work permit by some lawyer or hustler on the street corner. Call us for an interview and so we can explain to your employees how the process and the immigration laws in the United States really work.

our attorneys

Conrad E. Pollack, Esq.

Managing Partner; Head of Immigration Department

View Biography

Nelson A. Madrid, Esq.

Partner

View Biography

Allen E. Kaye, Esq.

Of Counsel

View Biography
Yi Zhao, Esq.

Immigration Attorney

View Biography

Shruti Bali, Esq.

Business Immigration Attorney

View Biography

Alexandra D. Bondikov, Esq.

Immigration Attorney

View Biography