Immigration Reform: The President's Plan vs. the Gang of Eight

February 1, 2013, 3:04 pm

The president and Senate "gang of eight" introduced their proposals for comprehensive immigration reform this week.

De-Mystifying the 11 Million undocumented immigrants living in America! Who are they?

January 31, 2013, 1:13 pm

New Provisional Waivers! The wait is over....

January 7, 2013, 10:07 am

Last week the USCIS announced some exciting changes to Immigration Law and Waivers for Unlawful Presence! This new law will benefit applicants for a green card who have an approved I-130 Petition for Alien Relative and are immediate family members of a US citizen (spouses, parents and certain children).  Prior to this law going into affect if you had accrued unlawful presence over the 180 days you would be subject to a 3 year or 10 year bar upon departure from the United States for your visa interview.  Thus you or your family member would have to wait for a waiver which would sometimes take years to be approved.   Now the immigrant would know prior to leaving the country if they were approved or not.  The waiver would be provisionally approved and if no new violations or evidence is discovered then the waiver would be approved and the applicant would only need to remain outside the United States for a matter of weeks.  The goal of this new procedure is to limit the time families are separated by immigration violations and awaiting their visas approval. 

Applicants will be able to start applying March 4, 2013 if and only if they have an approved I-130.  Please keep in mind: According to USCIS the applicant must be physically present in the United States, and not already have a scheduled interview at a U.S. consulate abroad.  Also, the provisional waiver is only available if the sole issue holding up a case is unlawful presence.  Applicants who have criminal issues or other immigration violations cannot use the provisional procedure.

The immigration process can take months, even years, and government filing fees and other expenses are significant—it’s best to know your options before investing time and money.  A thorough legal consultation should look at all aspects of your immigration history to find the best solution for your family, not just evaluate eligibility for a provisional waiver.  Always work with a licensed immigration attorney.  Never trust legal advice from an unregulated consultant or notario. Consider consulting with Palm Beach immigration attorney Jacqueline Delgado at (561) 342-1429 and visit her website www.immigrationpalmbeach.com for more information.

Temporary Protected Status For Haitian Immigrants Extended

October 4, 2012, 12:35 pm

DHS Secretary Janet Napolitano announced on Wednesday plans to extend
temporary benefits for eligible Haitian immigrants for an additional eighteen
months. Eligible Haitians who were displaced by the 2010 earthquake may now
continue to be designated under Temporary Protected Status through July 22, 2014.

The Secretary’s office stated in a notice to the Federal Register that, “there
continue to be extraordinary and temporary conditions in Haiti resulting from
the devastating effects of the January 2010 earthquake that prevent Haitians
from returning to their country in safety. Permitting eligible Haitians to remain
temporarily in the United States is not contrary to the national interest of the United
States.”

The re-registration period is set to begin October 1, and will continue through
November 30. According to U.S. Citizenship and Immigration Services, beneficiaries
of TPS status “are not removable from the United States, can obtain an employment
authorization (EAD),” and “may be granted for travel authorization.”

If you or someone you know qualifies for Temporary Protected Status contact Palm
Beach immigration attorney Jacqueline Delgado at (561) 342-1429 and visit her
website www.immigrationpalmbeach.com for more information.