Medical Exam (Form I-693) & Immigration Laws

Effective June 1, 2014, certain Forms I-693 or medical exams required under the immigration laws that are submitted to U.S. Citizenship & Immigration Services (USCIS) in connection with adjustment of status applications more than one year prior will no longer be valid.

For more information, email Gail@GailLaw.com or call 1-877-GAIL-LAW or 407-292-7730.
FREE in-office consultation – FREE Live Chat www.GailLaw.com

Copyright © 2014, Law Offices of Gail S. Seeram. All Rights Reserved.

FL Senate & Illegal Immigration: Florida college tuition break for illegal students?

This week, the Florida Senate will consider the Post Secondary Tuition bill and decide whether to grant a tuition break for students who are living in the country illegal.  This issue relating to illegal immigration and college students has greatly divided the Republicans in the Florida Senate.

Democrats, many Republicans, Gov. Rick Scott, several former governors including Jeb Bush and Charlie Crist and many news media outlets have piled on — Scott and Crist once opposed the idea, but now support it.

Some Florida colleges and universities already allow in-state tuition for students in the US illegally. Florida International University, for example, was the first to do so. But the University of Florida doesn’t allow in-state tuition for illegal immigrants because it’s against federal law.

READ MORE….

For more information, email Gail@GailLaw.com or call 1-877-GAIL-LAW or 407-292-7730.
FREE in-office consultation – FREE Live Chat www.GailLaw.com

Copyright © 2014, Law Offices of Gail S. Seeram. All Rights Reserved.

Widow of American Citizen can Self-Petition for Green Card

immigration info 2013

In 2010, a change in the law allows the widow of American citizen married any length of time to self-petition for immediate relative status as a lawful permanent resident, but must still file within two years of the death of the U.S. citizen spouse. Additionally, if the U.S. citizen spouse filed an I-130 prior to the death, the I-130 is automatically converted to an I-360 upon the death of the petitioner. The requirement that the widow(er) not have remarried was not changed.

Requirements to Qualify as a “Widow(er):

The following requirements must be meet for a widow(er)s to self-petition for lawful permanent resident status (or green card) after the death of their U.S. citizen spouse:

  1. He or she was the citizen’s legal spouse;
  2. The marriage was bona fide and not an arrangement solely to confer immigration benefits to the beneficiary;
  3. He or she has not remarried;
  4. He or she is admissible as an immigrant; and
  5. In an adjustment of status case, that he or she meets all other adjustment eligibility requirements and merits a favorable exercise of discretion.

Children of Widow(er)s:

The child of a widow(er) whose self-petition is approved may be included in the widow(er)’s petition as long as they meet the definition for “child” under the immigration laws.  Where the deceased citizen filed an alien relative petition for his or her spouse that was pending at the time of his or her death, and the alien relative petition can now be adjudicated as a widow(er)’s self-petition, the child(ren) of the widow(er) will be included in the widow(er)’s self petition.  An individual qualifies as the “child” of a widow(er) depending on their age when the alien relative petition was filed.

Q. Are my children, who are not the children of my deceased U.S. citizen spouse, covered under this new law?

A. Yes. Regardless of whether your children are also the children of your deceased U.S. citizen spouse, the program covers your children in the United States, as long as they meet the definition of your “child” under the immigration laws.

Q. What if I was legally separated or divorced from my U.S. citizen spouse at the time of his or her death?

A. If you were divorced or legally separated from your U.S. citizen spouse at the time of his or her death, you are ineligible for this program.

Q. What if I am a widow(er) who was removed or departed from the United States while an order of removal was pending?

A. If the widow(er) is outside of the United States and had been ordered removed, U.S. Citizenship & Immigration Services (USCIS) has discretion under the immigration laws to consent to the widow(er)’s reapplication for admission. USCIS will generally exercise discretion favorably and grant an application for consent to reapply for admission once all the requirements are met.

Q. What if I am in removal proceedings?

A. Your attorney or accredited representative is in the best position to advise you about your specific case.

 

For more information, email Gail@GailLaw.com or call 1-877-GAIL-LAW or 407-292-7730.
FREE in-office consultation – FREE Live Chat www.GailLaw.com

Copyright © 2014, Law Offices of Gail S. Seeram. All Rights Reserved.

Latino immigrants are majority population in California

In March 2014, for the first time ever, the official population of California will be 39-percent Latino immigrants, nudging past the 38.8-percent of state residents who are white non-Hispanic and far more than the comparatively small Asian American and African American demographics.  California has become the second state to undergo such a shift in population after New Mexico.  CLICK HERE to read more.

For more information, email Gail@GailLaw.com or call 1-877-GAIL-LAW or 407-292-7730.
FREE in-office consultation – FREE Live Chat www.GailLaw.com

Copyright © 2014, Law Offices of Gail S. Seeram. All Rights Reserved.

Deportation for Minor Crimes in Immigration Court

A New York Times analysis of internal government records shows that since President Obama took office, two-thirds of the nearly two million deportation cases involve people who had committed minor infractions, including traffic violations, or had no criminal record at all. Twenty percent — or about 394,000 — of the cases involved people convicted of serious crimes, including drug-related offenses, the records show.  CLICK HERE to read more.

For more information, email Gail@GailLaw.com or call 1-877-GAIL-LAW or 407-292-7730.
FREE in-office consultation – FREE Live Chat www.GailLaw.com

Copyright © 2014, Law Offices of Gail S. Seeram. All Rights Reserved.

Deportation for Minor Crimes in Immigration Court

immigration info 2013

A New York Times analysis of internal government records shows that since President Obama took office, two-thirds of the nearly two million deportation cases involve people who had committed minor infractions, including traffic violations, or had no criminal record at all. Twenty percent — or about 394,000 — of the cases involved people convicted of serious crimes, including drug-related offenses, the records show.  CLICK HERE to read more.

For more information, email Gail@GailLaw.com or call 1-877-GAIL-LAW or 407-292-7730.
FREE in-office consultation – FREE Live Chat www.GailLaw.com

Copyright © 2014, Law Offices of Gail S. Seeram. All Rights Reserved.

H-1B Work Visa Limit of 20,000 Reached for 2015

Today, U.S. Citizenship & Immigration Services (USCIS) received sufficient H-1B work visa petitions to reach the statutory cap for fiscal year (FY) 2015.  USCIS has also received more than the limit of 20,000 H-1B petitions filed under the U. S. advanced degree exemption.

Before running a random selection process, USCIS will complete initial intake for all filings received during the filing period which ended today. Due to the high number of petitions, USCIS is not yet able to announce the date on which it will conduct the random selection process.

A computer-generated process will randomly select the number of petitions needed to meet the caps of 65,000 visas for the general category and 20,000 under the advanced degree exemption. USCIS will reject and return filing fees for all cap-subject petitions that are not selected, unless found to be a duplicate filing.

U.S. businesses use the H-1B program to employ foreign workers in occupations that require highly specialized knowledge in fields such as science, engineering and computer programming.

For more information, email Gail@GailLaw.com or call 1-877-GAIL-LAW or 407-292-7730.
FREE in-office consultation – FREE Live Chat www.GailLaw.com

Copyright © 2014, Law Offices of Gail S. Seeram. All Rights Reserved.

Immigrants Enrollment in Affordable Care Act

As the March 31, 2014 deadline draws near for many in the United States to sign-up for health insurance under the Affordable Care Act (ACA), many immigrants (legal and illegal) are confused whether they are subject to this deadline and fines for non-enrollment.  This article will address Immigrants enrollment in Affordable Care Act.  The ACA’s health insurance “marketplaces” is available only to U.S. citizens and people who are “lawfully present” in the United States.  Undocumented immigrants and DACA recipients are excluded from the ACA programs but may be eligible for emergency Medicaid or state-funded programs.

An applicant’s citizenship or immigration status will be verified using government databases. The verification’s purpose is to determine the applicant’s eligibility for health insurance, not for immigration enforcement. Applicants who are U.S. citizens will have their citizenship verified with the Social Security Administration (SSA) using their SSN. For naturalized citizens, in the event that SSA’s information is not up-to-date, citizenship will be verified by U.S. Citizenship and Immigration Services (USCIS).  If there are people on your application who aren’t applying for health coverage, you don’t need to provide their citizenship or immigration status.

The following list of immigrants are considered “lawfully present” and eligible for ACA: lawful permanent resident (LPR/Green Card holder), asylee, refugee, Cuban/Haitian entrant, paroled into the U.S., conditional entrant granted before 1980, battered spouse, child, or parent, victim of trafficking and his or her spouse, child, sibling, or parent, granted Withholding of Deportation or Withholding of Removal, under the immigration laws or under the Convention against Torture (CAT), individual with non-immigrant status (including worker visas, student visas, and citizens of Micronesia, the Marshall Islands, and Palau), Temporary Protected Status (TPS), Deferred Enforced Departure (DED), Deferred Action Status (Deferred Action for Childhood Arrivals (DACA) isn’t an eligible immigration status for applying for health coverage.), Special Immigrant Juvenile Status, Adjustment to LPR Status with an approved visa petition, Victim of trafficking visa, Asylum who has either been granted employment authorization, OR is under 14 and has had an application for asylum pending for at least 180 days.), and certain individuals with employment authorization document for Registry applicants, Order of supervision, Applicant for Cancellation of Removal or Suspension of Deportation, Applicant for Legalization under IRCA, Applicant for Temporary Protected Status (TPS), Legalization under the LIFE Act, Lawful temporary resident, and Granted an administrative stay of removal.

Here’s a list of the documents that can be used to show your immigration status: Permanent Resident Card, “Green Card,” (I-551), Reentry Permit (I-327), Refugee Travel Document (I-571), Employment Authorization Card (I-766), Machine Readable Immigrant Visa (with temporary I-551 language), Certificate of Eligibility for Nonimmigrant Student Status (I-20) Certificate of Eligibility for Exchange Visitor Status (DS2019), and Notice of Action (I-797).

If you’re not sure which status applies to you (or someone on your application) or what documents must be presented, call the Marketplace Call Center at 1-800-318-2596 for help with this section of the application.  The website to enroll is https://www.healthcare.gov

Health Care for Immigrants under Obamacare – Enrollment under Affordable Care Act

 As the March 31, 2014 deadline draws near for many in the United States to sign-up for health insurance under the Affordable Care Act (ACA), many immigrants (legal and illegal) are confused whether they are subject to this deadline and fines for non-enrollment.  This article will address health care for immigrants under Obamacare and immigrants enrollment in Affordable Care Act.  The ACA’s health insurance “marketplaces” is available only to U.S. citizens and people who are “lawfully present” in the United States.  Undocumented immigrants and DACA recipients are excluded from the ACA programs but may be eligible for emergency Medicaid or state-funded programs.

CLICK HERE for more information.

For more information, email Gail@GailLaw.com or call 1-877-GAIL-LAW or 407-292-7730.
FREE in-office consultation – FREE Live Chat www.GailLaw.com

Copyright © 2014, Law Offices of Gail S. Seeram. All Rights Reserved.

DACA Renewal of Deferred Action for DREAMers (Young Immigrants)

Those individuals granted DACA (Deferred Action for Childhood Arrivals) by U.S. Immigration and Customs Enforcement (ICE) during the period of June 15, 2012 until August 15, 2012 may submit a request for DACA renewal of their status and renew their employment authorization.

CLICK HERE for more information.

For more information, email Gail@GailLaw.com or call 1-877-GAIL-LAW or 407-292-7730.
FREE in-office consultation – FREE Live Chat www.GailLaw.com

Copyright © 2014, Law Offices of Gail S. Seeram. All Rights Reserved.