See Recent Blog Posts or search the archive.
Obama administration officials unveiled a new provisional unlawful presence waiver rule, ("provisional waiver") on Wednesday, January 2, 2013 that will make it easier for undocumented immigrants who are immediate family members of U.S. citizens to obtain legal permanent residence. The benefit of this rule change is that it will allow the American citizen relatives to avoid long separations from immediate family members, reduce hardship, and ensure family unity.
Now is a great time to be an immigrant entrepreneur in America. Immigrants are natural entrepreneurs and USCIS is hoping to encourage and harness their energy by creating a new initiative that will increase the job creation potential of employment-based and high-skilled visa categories. They have dubbed this program Entrepreneurs in Residence ("EIR"), which is an initiative that uses policy efforts within the framework of existing immigration laws to promote and help grow the U.S. economy and American jobs. The new USCIS outlook on this valuable group may lead to new laws that fix the ill-fitting organization of current Federal laws and policies across the agency.
One of the most popular immigration avenues available right now is for family members to petition for their immediate relatives. Unfortunately, often they are turned away because their immediate relatives are inadmissible to the United States for entering the United States without inspection ("EWI"). The main avenue around this currently is a hardship waiver that must be applied for outside the U.S. For families this means months apart outside the United States with the possibility of a denial hanging over the entire process. USCIS finally sought to make this process easier and announced a proposed rule at the beginning of the year. The proposed rule would allow for waivers to be filed and approved before the relative leaves the country, but after almost a year we are still waiting.
With the Presidential election only weeks away, it reminds us all of one of the largest benefits of being a U.S. Citizen, voting. Only U.S. citizens can vote in Federal elections and most states also restrict voting to U.S. citizens. Aliens cannot run for many elected offices, meaning that they are restricted from having their views heard and being able to represent immigrants like them.
New Deferred Action Relief for DREAMers
On January 9, 2012, the United States Citizenship and Immigration Services ("CIS") announced a proposed rule, Provisional Waivers of Inadmissibility for Certain Immediate Relatives of U.S. Citizens. The proposed rule would streamline the adjudication process of waivers of inadmissibility for immediate relatives of U.S. citizens by allowing aliens to file waiver applications and wait for adjudication in the U.S. This could be beneficial to tens of thousands of families with an immediate relative that entered the U.S. illegally; whereas the alien previously would have had to leave the U.S. for an extended period in order to get a green card, the alien can now wait in the U.S. for preliminary approval and have a much shortened wait abroad.
Grant Konvalinka & Harrison, P.C., serves clients in Tennessee cities such as Chattanooga, Cleveland, East Ridge, Red Bank, Jasper, Collegedale, Athens, Decatur, Altamont, McMinnville, Manchester, Dunlap, Winchester, Fayetteville, Soddy-Daisy, Etowah, Dayton, Charleston, Tullahoma, Fort Oglethorpe, Dalton, Chatsworth, Calhoun, Summerville, Lafayette, Ringgold, Chattanooga Valley, Chickamauga, Tunnel Hill and Trenton.
Counties: Hamilton County, Bradley County, McMinn County, Sequatchie County, Grundy County, Franklin County, Coffee County, Warren County, Dade County, Catoosa County.