"Gang of 8" Senators and President Obama Offer Immigration Reform Plans

Yesterday, a bipartisan group of eight senators offered a framework for comprehensive immigration reform. Today, the President laid out his vision for immigration reform in Las Vegas, NV. There are also reports that a bipartisan group of Congressmen from the House are also hammering out their own version of immigration reform. What does all this mean? Well, for one, comprehensive immigration reform is around the corner and will include, what some consider controversial, a "path to Citizenship" for the more than 11 million undocumented immigrants in the United States. Both proposals also include providing temporary legal status for the undocumented immigrants. Hopefully, whatever plan is hashed out, will also include stronger border security, more efficient and speedier visa processing, and a makeover of this Nation's complicated immigration laws.

Comprehensive immigration reform is a divisive topic - there are many out there that do not want to provide legal status, let alone Citizenship, to those who are technically in violation of US federal law. However, comprehensive immigration reform is not "amnesty", as the 1986 immigration law, signed by Ronal Reagan, is often considered to be. This time around, leading authorities believe it will different.

First, the wait times are expected to be lengthy. No, not 5 years, maybe not even 10. Both the President's and Senator's proposals envision a tough path to Citizenship, not a passport handout. Both plans call for undocumented immigrants "to go to the back of the line" of prospective immigrants. And as most immigration law practitioners know, the wait time for certain relatives from Mexico and the Philippines are long - 16 and 23 years respectively for brothers and sisters of these US Citizens. Second, both proposals call for applicants to learn and speak English. Third, expect extensive background checks with numerous disqualifying criteria. And last, applicants will be expected to know US civics, pay any back taxes owed, show current and past work history, among many other expected requirements.

So all in all, comprehensive immigration reform, as controversial as it is, will more than likely become a reality. But the reality is this: the "path to Citizenship" will be arduous, very long, and demand much of anyone seeking to stay here legally and permanently. One can only hope this is the last time immigration reform needs to be passed.

If and when comprehensive immigration reform becomes law, it is almost a necessity that applicants use the services of a qualified immigration attorney. When that time comes, I hope you consider using my services. Please visit my website at www.kpimmigrationlaw.com for more updates on comprehensive immigration reform or call 949-440-3240 to schedule a consultation on this, or any other immigration matter.

Amazing, Unbelievable Victory

Great news to report. A client of mine, with over 8 criminal convictions, ranging from multiple DUIs to battery to a controlled substance violation, won his Cancellation of Removal case in Salt Lake City, UT. This was a very time-consuming, laborious case with extremely difficult odds. But I am proud to say that the Honorable Immigration Judge sided with us and my client is now out of ICE custody and is a free man again.

USCIS approves I-601 Provisional Waiver

On January 2, 2013, Secretary of Homeland Security Janet Napolitano announced the posting of the final rule regarding the I-601 Provisional Unlawful Presence Waiver to the Federal Register. The new rule is set to take effect on March 4, 2013 (USCIS will not adjudicate these waivers before this date).

Under the current law, immediate relatives of US Citizens who have entered illegally or overstayed their visas, and who are seeking LPR (Lawful Permanent Resident) status must leave the United States and obtain an immigrant visa abroad (in addition to qualifying for the I-601 Waiver of Inadmissibility). This process can take many months and the resulting separation can be distressing. Further, in order to qualify under the current and future law, the applicant must demonstrate that there will be an extreme hardship to a qualifying US Citizen relative.

Commencing March 4, immediate relatives must still depart the US for the consular visa processing; however, they can obtain the waiver prior to departing the US and greatly speed up the process.

For more information on this long overdue program, visit:

http://tinyurl.com/aggdedh (USCIS)

And,

http://ailaleadershipblog.org/2013/01/04/six-things-you-need-to-know-about-stateside-processing-of-i-601a-waivers-2/

When the new program is implemented, be sure to give our office a call at 949-440-3240 or visit www.kpimmigrationlaw.com to see how we can assist in your I-601 Waiver application.

Record Number of Deportations in 2012

The Obama Administration set a new record in 2012, deporting more illegal aliens than in any prior year. While ICE's  (Immigration and Customs Enforcement) policy is to deport only those who've committed serious crimes, nothing could be further from the truth, as the agency still detains and deports those who've committed minor criminal violations, such as driving without a license. ICE Director John Morton issued a "memo" in 2011 directing his attorneys to exercise "prosecutorial discretion" when determining whether to proceed with removal (deportation) hearings.  However, in my experience, the use of prosecutorial discretion has and continues to be used inconsistently, and varies by each ICE field office. It can be frustrating to deal with, but with Comprehensive Immigration Reform around the corner, things are certainly looking brighter.

To read more about the record number of deportations in 2012, click on the link below.

http://www.csmonitor.com/USA/2012/1224/Deportations-of-illegal-immigrants-in-2012-reach-new-US-record

And if you know of someone who is in removal (deportation) proceedings, contact this firm to see how we can provide valuable assistance for deportation-related matters. Visit www.kpimmigrationlaw.com for more information or call 949-440-3240.

Comprehensive Immigration Reform Around the Corner

All indications point to comprehensive immigration reform topping the President's agenda for 2013. "Fiscal Cliff" matters aside, leading pundits expect the President and Congress to begin lengthy negotiations on comprehensive immigration reform bill addressing the nearly 12 million undocumented immigrants currently in the United States. Leading Republicans including Senator Marco Rubio (R-FL) and most recently, former President George Bush, have all called for addressing the current immigration problems facing the country.

As we ring in the New Year, expect swift action and prioritization of immigration reform from both sides of the aisle. What the bill will contain is anyone's guess, but leading authorities on immigration law believe a path to Citizenship is essential and near mandatory for the law to take effect.

As a practitioner of immigration law, I am excited to see what developments come out of Washington, DC in the coming months, stay tuned!

Proposed Republican Immigration Bill - Dead on Arrival?

Republican Senators Kay Bailey Hutchinson (R-TX) and Jon Kyl (R-AZ) are taking the first steps toward their vision of immigration reform with the proposed "ACHIEVE Act" that would grant permanent residency to undocumented immigrants who pursue higher education or the military. What the "ACHIEVE Act" would not do is a grant a path to citizenship, a key criteria of many seeking immigration reform. The Congressional Hispanic Caucus has indicated their disapproval of the bill saying it would "not achieve the DREAM" and it would be essentially granting "second-class legal status." A Democratic Senator dubbed the bill "dead on arrival." Under the proposed legislation, to be eligible for benefits under the "ACHIEVE Act", an applicant must have lived in the US for the past 5 years, entered the US before turning 14, be no older than 28, and have no criminal record.

While this is an interesting move by the Congressional Republicans, it is evident that the bill will not muster enough support from the Democrats in order to be viable. At least this is a small step in the right direction (lest we forget the past four years) toward comprehensive immigration reform.

"ACHIEVE Act" aside, Deferred Action for Early Childhood Arrivals is alive and well; however, many of those eligible have not elected to apply for this program (perhaps fearing a Romney win in the Presidential Elections would doom the program). When the new numbers for "DACA" come out, it will interesting to see whether there has been an uptick in applications post-November 6.

And if you would like to learn more about the Deferred Action program (and still commonly referred to as the "DREAM Act", please visit www.kpimmigrationlaw.com or call 949-440-3240.

Comprehensive Immigration Reform - is Now the Time?

No sooner than the networks declared President Obama the victor in last week's Presidential Election, did we begin hearing renewed calls for immigration reform. However, this time it was a little different. This time it wasn't the progressives, liberals, or Latinos we normally hear from (although we did hear it from them too). What marked this watershed moment, was that the calls were coming from the Republicans this time too. A chorus of voices from the right including Senator Lindsey Graham (R-SC), House Speaker John Boehner, and none other than conservative TV pundit Sean Hannity, all were calling in unison for comprehensive immigration reform - reform that includes a pathway to Citizenship for the estimated 12 million people living illegally in the United States, as well as stronger border security and tighter workforce regulation of undocumented immigrants.

This is a breakthrough moment for millions of undocumented people - a moment that hopefully will see broad bipartisan support for a problem that has thus far eluded many a Congress. Reports are saying that this agenda is right at the top for President Obama, alongside tackling the growing deficit problem. If all this talk of immigration reform sounds familiar, it is because it is. We heard this groundswell of support before in 2007, led by Senators Kennedy (D-MA) and McCain (R-AZ). However, as we are all aware, the measure sputtered and died in the Senate.

For the prosperity, security, and future of the United States, I for one hope that comprehensive immigration reform is passed into law by Congress and the President...time will only tell, stay tuned...

If you have an immigration matter you need assistance with, contact immigration attorney Kapesh Patel. Visit www.kpimmigrationlaw.com for more information.