All posts by Cheng, Cho, & Yee, Immigration Lawyers

Homeland Security is expanding eligibility for I-601A provisional waiver


As of August 29, 2016, the Department of Homeland Security (DHS) has expanded the eligibility of I-601A provisional waivers to include all eligible spouses and adult children of lawful permanent residents. Previously, only the spouses of US citizens and some children of US citizens qualified for the waiver.

Purpose of I-601A waiver

The I-601A waiver significantly reduces the amount of time lawful U.S. citizens must be separated from relatives and minimizes the difficulties involved when a foreign-born individual seeks lawful residency in the United States. Prior to I-601A waivers, these individuals had to remain in their current country until their status was decided. There are many relatives of U.S. citizens who qualify for permanent residency based on their relationship. However, some laws stipulate that these individuals must apply for residency from their home country at a U.S. consulate. If they are already in the United States, they must leave and apply via the method of consular processing. This creates a problem for many people because they may be barred from reentering the United States for as much as ten years. They must seek an unlawful presence waiver to return to the United States. The best immigration lawyers are familiar with the complex requirements of obtaining legal citizenship in the United States. Beginning in 2013, spouses and some children of U.S. Citizens could remain in the United States only if they could show leaving the country caused hardship to a U.S. citizen who was their spouse or parent.

Key changes to I-601A waivers

Prior to the recent expansion by DHS, only immediate family members of U.S. citizens were able to show that hardship. Under the expanded eligibility, spouses and children of legal permanent residents qualify for the I-601A waiver. The I-601A was previously available only to people who did not have any deportation orders against them. Now, people with final orders of removal, deportation, or exclusion can apply for the I-601A. when they have filed a Form I-212. Under the recent expansion of eligibility, there is no more cut off dates to apply. Under the old restrictions, some people already scheduled for interviews in their home country could not file for the I-601A. Some of the best immigration lawyers feel the recently expanded eligibility by DHS for I-601A improves the path to permanent residency and citizenship for many people.

Protectionist Immigration Policies Harm The U.S. Economy

As the rhetoric concerning immigration in the U.S. has become increasingly severe, politicians and the public are ignoring the harmful effects that protectionist immigration policies in the U.S. have on the economy in both Illinois and the rest of the nation. As the rest of the world has rebounded since the recession that happened in the late 2000s, the U.S. economy has improved more slowly. Part of the reason is that instituting severe limitations on the ability of businesses to hire skilled foreign workers for positions that they have difficulty filling has slowed their ability to grow. An immigration lawyer understands the issues that are caused by restrictive immigration policies and works to help businesses get visas for the foreign workers that they need.

Foreign Workers Do Not Take Away American Jobs

One of the ideas that is promoted by politicians is that highly skilled foreign nationals take jobs away from American workers. The flaw in this belief is the assumption that there are a set number of jobs in the country. The number of jobs that are available is fluid and depends on the ability of companies to grow and expand. When businesses have positions available for which they cannot find U.S. workers, foreign workers help those businesses to grow, increase profits and add more jobs in the process.

Immigrants Encourage Job Creation and Economic Growth

When foreign nationals invest money in new ventures in the U.S. and bring their talents here, it stimulates the economy. The strength of the U.S. in the long-term is somewhat dependent on highly skilled workers in the science, technology, engineering and mathematics fields. Many businesses in Chicago need more workers in these particular fields than there are available Americans who have the required education and skills. These businesses have depended on their ability to fill their employment needs with foreign workers who do have the needed skill set. Limits on employment visas and H-1B visas have hampered the economic recovery in the nation, slowing job creation and the flow of money needed to fuel the economy.

Contrary to misconceptions, foreign workers also do not drive down the wages of U.S. workers. Instead, highly skilled workers in the STEM professions tend to make as much or more than do American workers, encouraging wage increases for all in the field. An immigration lawyer may work to get approval for businesses so that they can secure the skilled workers that they need.

E-2 Visas Provide a Path to Entrepreneurship

An E-2 visa makes it possible for entrepreneurs to open businesses in the United States even if they don’t have US citizenship. This makes it one of the most advantageous visas offered to foreign nationals. Over the past 5 years, the US Department of State has issued more than 41,000 E-2 visas. The number of visas issued has increased 112% since 1996. Since there is no limit on the number of E-2 visas in the United States, it is a visa that can be applied for at any time by a Chicago immigration lawyer without worrying about lotteries or caps.

Eligibility Requirements

The E-2 visa process requires applicants to meet strict standards that demonstrate their ability to finance, open, and operate an enterprise in the United States. The applicant does not have to have sole ownership of the business, merely 50% or more.

There is no minimum investment required, and some investments of less than $100,000 may be approved. In fact, many applicants apply when they can show investments of between $100,000 and $200,000. In addition to proving the financial ability to purchase, open, and operate the business, individuals must be able to show the net number of jobs the business will generate.

Processing & Duration of Visa

The E-2 visa can be issued for periods of 2, or 5 years. In most cases, it takes 2-4 weeks to process the application prepared by a Chicago immigration lawyer. However, this can be longer depending on the consular post, the need for additional documents, etc. Individuals may renew their visas at the end of these periods provided they are still operating the business and the business generates enough revenue to support the investor and their family. Children of E-2 visa holders may remain in the US until they are 21, at which time they will need to apply for another visa status.

Permanent Residence

The E-2 visa does not provide a path to permanent residency for the business owner or their family, however, E-2 holders can apply for an EB-5 visa down the road. This requires an investment of $1 million, or $500,000 if the investment is made within a rural area, or in an area with high unemployment.

Currently, the minor children (under 21 years of age) of E-2 and EB-5 visa holders can apply for student visas when they’re ready to enter college, however, they don’t qualify for in-state tuition. However, there are legislative proposals that would change this that are worth paying attention to.

Green Card Blues

The grass is always greener on the other side, and for many individuals born outside of the United States, the other side is gaining permanent resident status in the U.S., and being able to legally live and work toward their dreams in America.  The ticket to eventual citizenship is a green card.  Unfortunately, this goal is not simple to obtain, but there are advantages in knowing what to expect.

Qualifications

There are a number of ways that an individual may qualify for a green card.  Some of the most common avenues are:

  • Through immediate family members who are already legal permanent residents or citizens of the U.S.
  • Sponsorship from an employer
  • Business entrepreneurs with at least $500,000 to invest in U.S. businesses
  • Asylum or refuges who are escaping persecution

Application

The rules and procedures for obtaining a green card are complex.  Not only are the immigration laws difficult to understand, they include many exceptions, and are frequently inconsistent.   There is a great deal of paperwork to fill out and prepare during the application process.  The instructions must be strictly followed when completing the forms, and there are specific fees required when the application is submitted.  If there are errors in the paperwork, immigration authorities may return the application for correction, but this often includes delays, and in some cases, denials if the application is not returned in a timely manner.  To be successful, applicants must meet all deadlines, supply all required documentation, and attend an interview for their green card.

Inadmissibility Issues

Individuals that may be qualified in other areas to obtain a green card may be denied by the immigration authorities.  There is a lengthy list of grounds of inadmissibility that cause applications to be denied.  The most common grounds of inadmissibility include:

  1. Immigration Violations

Any person who has committed fraud to get a visa, entered illegally, or helped smuggle aliens across the border will have their application denied.  This may be a permanent condition.

  1. Drug Use or Drug Trafficking

Drug trafficking, and drug use is cause for an application to be denied.  A conviction is not always required, as admission of drug abuse can be enough for rejection.

  1. Economic Grounds

Family or employment sponsors must file an Affidavit of Support guaranteeing to financially support the immigrant for a period of years.  The level of income and assets required by the Petitioner are updated annually, but must be enough to support the family and the immigrant at 125% above the poverty line.

End Of TPS Arrangements Less Than A Year Away For Some Foreign Nationals

As part of the Immigration Act of 1990, Congress created TPS, or temporary protected status, for foreign nationals who are unable to return home due to civil war, disaster, or other harmful circumstances. For thousands of foreign nationals currently in the United States, the TPS status of their home country is set to end within the next 12 months, making them susceptible to deportation.

TPS Status

Foreign nationals from countries that have been granted TPS status enjoy a myriad of benefits. Chief among the benefits is that they may not be removed from the United States, even if they arrived in the country illegally. An immigration lawyer in Chicago may also fight for employment authorization and travel permissions for residents with identified TPS status.

TPS status is only a temporary designation for foreign nationals, and is not a pathway to citizenship or permanent resident status; however, residents with TPS status can use their time to seek alternative methods to remain in the United States after the TPS arrangement ends.

Permanent Residency

Residents with TPS status typically apply for permanent residency in one of three ways.

Marriage To A US Citizen

One of the oldest ways to receive permanent resident status is to marry or become engaged to an American citizen. Spouses may file an immigrant visa petition on behalf of the non-citizen spouse, while engaged couples can file a fiancé/fiancée visa before the ceremony.

Employer Sponsored Visas

The employment authorization permitted under TPS status enables foreign residents to establish a relationship with employers who might be willing to sponsor an employment visa. There are five levels of employment based visas, EB-1 to EB-5, with the highest priority given to those who qualify for EB-1 visas.

Asylum

Residents from many countries that currently have TPS status may also qualify as asylum seekers. People who have experienced violence and discrimination from foreign groups due to race, religion, nationality, social status, or political stance may apply for asylum with Form I-589. An immigration lawyer in Chicago can help residents with TPS status complete the paperwork for a change to asylum seeker status.

Foreign nationals from countries like: Guinea, Haiti, Liberia, Nepal, Sierra Leone, Somalia, Sudan, South Sudan, Syria, and Yemen have less than a year to file the proper paperwork to request a change in status and seek permanent residency. Failure to do so may lead to deportation and further obstacles to immigration.