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Don’t get too excited! It hasn’t passed, it is still pending. The Reuniting Families Act was introduced by Senator Menendez (D-NJ). If enacted, the Act will eliminate hardship to many family members of U.S. citizens and Lawful Permanent Residents.

No more wait times for children and spouses of Permanent Residents.
The Act will re-classify spouses and children of permanent residents as “immediate relatives.” What does this mean? Right now, a spouse of a permanent resident is classified as “first preference,” which means he has to wait a long time (years) before he can apply for a green card. Spouses of U.S. citizens do not have to wait and are eligible for a green card immediately. That is because they are classified as “immediate relatives.” The act will re-classify spouses and children of permanent residents to that of “immediate relatives.”

No more “widow penalty".
The “widow penalty” is an unfortunate byproduct of our immigration law. Here is an example. Mary is not a U.S. citizen. Bob is. Bob marries Marry and applies for her as an “immediate relative.” Together with Bob’s petition, Mary files for her green card. Bob dies, however, before his petition is approved. Due to his death, the petition is automatically revoked and Mary is deported. That is what is called the “widow penalty.” Under the proposed Act, the petition will not be revoked. The provision would be retroactive, and anyone who has suffered from the “widow penalty” in the past can reapply for the benefit within a two-year period and can be even paroled to the U.S.

Will help undocumented families of U.S. citizens and permanent residents.
I have heard this story way too many times. The child came to the U.S. with family. The family obtained green cards, some even became U.S. citizens, but for some reason the child did not. He is now undocumented and has no way to obtain permanent residence unless he is placed in deportation and is granted very limited relief. Under the Act, undocumented parents, children and spouses of U.S. citizens and permanent residents will be allowed apply for documented status in the U.S. if they can show that refusal to admit them to the U.S. will result in hardship to their parent, son or daughter.

How about those “roll-over” minutes?
The Act will recapture unused employment and family-sponsored visas from 1992 through 2007 and apply them to the next year, which should help shorten some of those waiting times to get a visa number. Right now, waiting times to get a visa number (which makes you eligible to apply for a “green card") last years, often over ten years. The Act should help shorten these times by capturing unused visas and thus creating “extra” visa numbers for that year.

A companion bill was introduced by Rep. Honda (D-CA) and is currently pending in the House of Representatives. See H.R. 6938

S.2840, which passed both the Senate and the House (now waiting for the President’s signature) provides for accelerated processing of naturalization applications for U.S. military personnel.

The key features of the bill include: 1) establishing an office of FBI liaison in the Department of Homeland Security (DHS), which will accelerate FBI clearance of naturalization applications for military personnel, and 2) establishing a 6-month time line for processing such applications.

Currently, there is no “accelerated docket” for processing naturalization applications filed by members of U.S. Armed Forces or their families, although, generally, these applications take less time than other naturalization applications. Nonetheless, this creates a time table for action.

This is particularly important for families of U.S. military personnel, and here is why. Generally speaking, U.S. military personnel currently on active duty can apply for naturalization at any time, regardless of their immigration status in the U.S. Spouses, children or parents of U.S. military personnel can apply for immigration benefits, but timing is everything for them. If the family members apply before the military person becomes a U.S. citizen, they are facing long waiting lines. Once the military spouse/child/parent is a U.S. citizen, however, their beneficiaries can typically receive immigration benefits and work authorization within a relatively short period of time. If the military member is deceased, the family members can apply for posthumous citizenship and receive immigration benefits after citizenship is granted to the deceased. The processing times of citizenship applications are therefore critical to the family’s ability to live, work or receive education in the United States. Creating a time table for the processing lifts a huge burden off the shoulders of our military personnel and their families.

USCIS provides a wealth of information on military naturalizations. Here is a list of useful resources:
USCIS hotline: 1 877 CIS 4MIL (1 877 247 4645)
USCIS website on military personnel: www.uscis.gov/military
USCIS fact sheet on citizenship through the military
USCIS information on naturalization abroad for military personnel and their families
Overseas naturalization eligibility for certain children of U.S. military personnel
Form N-400, application for naturalization
Form N-426, application for certification of military or naval service
Form N-400K, for children who reside abroad and claim U.S. citizenship based on parentage

All right, for those who don’t know what USCIS is, it is the United States Citizenship and Immigration Service.

For those who don’t know about Twitter, it is a cool way to stay connected with people and receive updates about them. If you want, you can get updates on your cell phone. You should check it out.

Anyway, I can now get updates from USCIS on my cell phone. I am surprised that the feds are taking notice of technology and making good use of it. Although USCIS does not follow anyone, it does have followers. Most of its updates are about office closings (boring, but useful).

Other governmental agencies post updates too. One I find interesting is the U.S. Department of State postings on country travel conditions: http://twitter.com/CSIState. Pretty cool.

NASA does posts too, but I don’t get them on my cell phone: there are a lot of posts!

It’s so funny, some states are on Twitter and follow other states. Did you know that Utah follows Kentucky? And on, and on, and on. When is Ohio getting on Twitter? I am going to tweet about that.

The U.S. Department of Homeland Security (DHS) issues advance notice that all federal contractors must use the E-Verify system to confirm employment eligibility of its employees. The requirement comes from Presidential order 12989, mandating that all federal contractors enroll with E-Verify.

E-Verify is an on-line free, voluntary program for employers to quickly verify employment eligibility of its employees. Those who wish to take advantage of this program must enroll and follow the program rules. For example, once an employer is enrolled with E-Verify, it must use it for all its employees.

Here is a link to the DHS press release.

Here is a link to the E-Verify Manual.

The United States Citizenship and Immigration Service (USCIS) has published guidance for adjudicators in processing petitions for adjustment of status (basically, a green card petition) filed by battered spouses of abusive U.S. citizens. According to the guidance memo, under the Violence Against Women Act (VAWA), even those petitioners who entered the U.S. illegally are eligible to become permanent residents if they prove they were battered or subjected to extreme metal cruelty.

By way of explanation (and in plain-spoken English), under the U.S. immigration laws, a spouse of a U.S. citizen can become a permanent resident (green card). The caveat is that both spouses have to file the petition. Under VAWA, a battered spouse can file a petition on her own behalf (without the husband’s signature) if she/he was battered or subjected to extreme mental cruelty. However, someone who entered the country illegally (i.e. without an inspection at the border) is typically not admissible into the U.S. and is not eligible to adjust his/her status. The memo explains that this ground of inadmissibility is not applicable to VAWA applicants.

Historically, USCIS has denied adjustment of status to VAWA petitioners solely on the basis that the petitioner entered the U.S. illegally. According to the memo, those petitioners whose petitions were denied can file a motion to reopen, Form I-290B, without having to pay the filing fee, to have their I-485 reconsidered.

Here are some links:
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=95be2c1a6855d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3faf2c1a6855d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD.
Form I-290B (motion to reopen).
USCIS fact sheet on VAWA applications.
USCIS guidance memorandum on VAWA applications.

VAWA applicants who need assistance with filing motions to reopen are welcome to contact our office for more information.

The United States Immigration and Customs Enforcement (ICE) reports that ICE special agents arrested 11 individuals, one of whom is a local restaurant manager, for conspiring to harbor illegal aliens smuggled into the US to work in Mexican restaurants.

The raid targeted restaurants in NY, PA, W.Va, and Ohio. The News Release lists the names of all those arrested and charged as well as specific restaurants targeted in the raid.

Harboring or conspiring to harbor illegal aliens is a serious federal crime and carries hefty fines and imprisonment. Under the United States Code, specifically 8 USC 1324, harboring or conspiring to harbor illegal aliens for purposes of commercial gain is punishable by a fine and up to 10 years in prison.

Much debate revolves around the impact of immigrants on the U.S. economy. Some argue that immigrants are a burden to public resources and the U.S. economy at large. But what are the hard facts behind this debate?

Stephen Moore, Senior Economics Writer at the Wall Street Journal and Richard Vedder, Distinguished Professor of Economics at Ohio University, provide some hard numbers in a forthcoming Immigration Policy Center report. The report is based on data from the 2005 Census Bureau Reports and other sources. Quoting from the Immigration Policy Center, immigrant households and businesses paid close to “$300 billion in federal, state and local taxes.”
Further, “depending on skills and level of education, each immigrant pays, on average, between $20,000 and $80,000 more in taxes than he or she consumes in public benefits.” According to the report, this is attributed to the fact that immigrants come to the U.S. after they obtain education abroad and they benefit the Social Security system by entering the U.S. in their prime wage-earning years. See the report for more information.

Personally, I am a first-generation immigrant. Anyone who says immigrants are a burden to the U.S. economy has no clue. My tax bill this year alone speaks for itself! (Joking…..kind of). Most immigrants that come here are highly educated, disciplined and self-sufficient. They don’t mooch off the public benefits or strip equally qualified employees of jobs. Some of our youths should look to immigrants for an example of self-discipline, work ethic and core values. Our immigrants are what makes the American Dream a hard-earned reality.

But, this is my opinion, look for the report and judge for yourself! After all, it is a free country, and we are all entitled to our opinions, however ill-informed some of them may be.

Cleveland Immigration Court has launched its own website at
http://www.usdoj.gov/eoir/sibpages/cle/geninfo2.htm. The website contains information
about court staff, hours of operation, local operating procedures, directions, forms and frequently asked questions.

The Executive Office of Immigration Review (EOIR) swears in 11 new judges for immigration courts throughout the country. Cleveland is not on the list. Until recently, all immigration hearings from Cleveland Ohio were conducted by video conference as Cleveland did not have its own immigration judge. Honorable Judge Evans was appointed as a judge in our own local immigration court. Since then, the case volume has increased dramatically, and I am sure the judge and court staff could use some more help. Maybe next year…

Click here if you would like to see the names and brief bios of the new judges.

The American Immigration Lawyers Association (AILA) is sponsoring National Citizenship Day, to take place all over the country, including Cleveland, Ohio. Immigration lawyers, paralegals and assistants will be on-hand at Cleveland Legal Aid Society on Saturday, April 19th, from 9:00 a.m. to 4:00 p.m. to provide free assistance with filling out citizenship applications.

The local event will be at Legal Aid Society 1223 West Sixth Street, Cleveland, OH 44113. With questions, please call Legal Aid Intake: (216) 687-1900.

Take advantage of this opportunity if you need help filling out your citizenship applications!