August 15 2013 marked the one-year anniversary of the launch of the Deferred Action for Childhood Arrivals program otherwise known as DACA. DACA was launched by the Obama Administration as a solely executive branch action, meaning it was created by regulation and policy and not by a statute which requires Congressional action. As such, DACA… Read more »
Posts Categorized: Family Immigration
Defense of Marriage Act Struck Down: Same-Sex Couples Can Qualify for Immigration Benefits
The Supreme Court today struck down the federal law, Defense of Marriage Act or DOMA, passed in 1996 by former President Bill Clinton and Congress. DOMA barred the federal government from recognizing same-sex marriage despite the fact that state laws may have allowed same-sex marriage. A majority of the court (5-4) determined that the Federal… Read more »
Provisional Waiver Update: USCIS Elaborates on How it Will Determine Criminal and Other Issues
On April 11, 2013 the American Immigration Lawyers Association (AILA) representatives met with USCIS on a variety of topics including the I-601A provisional waiver. AILA inquired into how USCIS was going to make the decision if disqualifying criminal issues or other issues that prevented a person from obtaining a green card – what are known… Read more »
The Proposed Achieve Act for Certain Undocumented
In November 2012, two Senate Republicans introduced the Achieve Act, legislation that could offer renewable work permits to undocumented young people living in the United States. Senators Kay Bailey Hutchison and Jon Kyle, both of whom are retiring in the near future, introduced the bill with support of Congressional Republicans but to a lukewarm response… Read more »
Provisional Waiver Process Becomes Effective
DHS announced today, that the long-awaited provisional waiver process – announced back in April 2012 – has been finalized and will become effective March 4, 2013. The provisional waiver allows for the filing of a new form, I-601A, for qualifying relatives of US citizens present in the US PRIOR to a departure to attend an immigrant… Read more »
Deferred Action Update: Immigration Reform in Obama’s 2nd Term
Some immigrants are celebrating the reelection of President Barack Obama as the continuation of the Deferred Action for Early Childhood Arrivals (DACA) program, a popular Obama initiative that provides work permits for undocumented immigrants who came to the United States as children and who meet several other specific requirements. According to the United States Department… Read more »
2nd Circuit Ruling on Defense of Marriage Act (DOMA)
The U.S. Court of Appeals for the Second Court recently struck down Section 3 of the federal Defense of Marriage Act (DOMA) as being unconstitutional and discriminatory. The section of the law defines marriage as being between a man and a woman. Historically, same-sex marriages, regardless of whether they were legal in the jurisdiction performed,… Read more »
Deferred Action Oct Update — Pending Elections
As most readers know, on June 15th the Obama administration announced a new immigration program — Deferred Action for Childhood Arrivals. While there is not much new information to report, the USCIS FAQ page was updated on Sept. 14, 2012 to provide additional answers to common questions. New questions & answers are highlighted in red with… Read more »
Update: Provisional I-601A Extreme Hardship Waiver
Many are still waiting for further news on the Provisional I-601A Extreme Hardship Waiver. To date, the I-601A waiver is not yet in place, but USCIS still anticipates the proposed regulation to be complete by the end of the year. Background: I-601A Provisional Waiver On March 30, 2012, the United States Citizenship and Immigration Service (USCIS) requested public comments on… Read more »
K-1 Visa Process
Sometimes, people meet their soul mate while on vacation or when visiting friends/family abroad. As an experienced Denver immigration attorney, I see how online dating has spurred more international relationships with an increase in clients wanting to have their significant other close by. The K1 (Fiance) Visa is therefore an option you might want to… Read more »
USCIS Now Allows Filing of I-601 Waivers in the US
On June 4, 2012, USCIS officially began to accept I-601 applications for applicants who previously had to file the I-601 abroad. The I-601 can now be submitted to a “lockbox” and the addresses are all posted on the USCIS website. An I-601 application refers to the waiver process required for those who have triggered an… Read more »
USCIS Updates on New Provisional Waivers and Centralization for I601s
Here are some updates based on Pilar Peralta Mihalko, Branch Chief International Operations Division, International, who spoke at the American Immigration Lawyers Association Texas Chapter Conference in Albuquerque New Mexico on April 13, 2012: Centralization of all I-601s Underway USCIS is in the process of centralizing ALL I-601 extreme hardship waivers that are filed by… Read more »
USCIS Comes out with Provisional Family Waiver Details
On March 30, 2012, U.S. Citizenship and Immigration Services (USCIS) posted a Notice of Proposed Rulemaking (NPRM) in the Federal Register to create an alternative process for certain immediate relatives of U.S. citizens to apply for and receive a provisional waiver of the unlawful presence ground of inadmissibility while still in the United States. The… Read more »
Big News on I601 “Extreme Hardship” Waiver or Pardon: Some Are Moving Stateside
On January 12, 2012, the US Department of Homeland Security announced a proposed changed in a regulation governing the process for I601 “extreme hardship” waivers or “pardons” as they are referred to sometimes. This proposed change is HUGE and positive, given the byzantine nature of how it currently works today. First, an I601 Waiver is… Read more »
International Dating – What is the Advantage of a K-1 Fiance Visa?
With economic globalization and social networking in full effect, dating has spilled across national borders over the past decade. An increase in multinational and multicultural relationships is on the rise and working for many folks. How does one bring a loved one to the US? One option is a fiance (K-1) visa. A K-1 fiance… Read more »