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New Immigration Waiver Available for Undocumented Immigrants with Immediate Relatives Who are U.S. Citizens

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Immigration Waiver

If you do not currently have any immigration status in the United States, but you have a husband, wife, adult son or daughter, or parent who is a U.S. citizen, you may be able to apply for a waiver of your undocumented presence in the United States.  You may have been told before that you were not eligible to file an immigration application, but this newly announced immigration waiver will allow you to obtain permanent resident status in the United States by traveling to your native county for a short time for an interview, where you will retrieve your permanent visa.

In order to receive this immigration waiver, you will need to prove that you have a sufficiently close U.S. citizen relative (parent, spouse, or adult son or daughter) and that your U.S. citizen relative would suffer an extreme hardship if you are not granted permanent resident status in the United States.

Read full article about New Immigration Waiver

Two Young Vietnamese Nationals Indicted on Charges That They Falsely Accused Relatives in New Jersey of Human Trafficking

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TRENTON – Attorney General Jeffrey S. Chiesa announced that a man and a woman from Vietnam who entered the United States on student visas were indicted today for allegedly falsely reporting to authorities that relatives in New Jersey had engaged in human trafficking by forcing them to act as domestic servants and work in nail salons in Mercer County without pay.

The man, Long Ngoc Nguyen, 23, and the woman, Ngoc Hong Doan, 23, first cousins who are now living in Minnesota, were charged in separate state grand jury indictments with fourth-degree false incrimination.  Over a period of 2 ½ years, they allegedly persisted in telling federal and state authorities that a Pennington, N.J., couple who gave them a home when they first came to the U.S. had engaged in human trafficking by forcing them into unpaid labor.  Each defendant faces two counts of false incrimination, one count for the husband they accused and one for the wife.

The defendants claimed that their families arranged for them to come to the U.S. on student visas in 2007 so they could attend a community college in Seattle.  They claimed that they were supposed to stay with the Pennington couple for only one month before starting college, but were never allowed to enroll. They alleged that the couple instead took away their passports and other documents and forced them to work in their home and in nail salons that they operated in Mercer County, all without compensation.  After about 17 months, the defendants complained to one of their parents in Vietnam, and relatives relocated them to Minnesota. The relatives also contacted a Vietnamese assistance agency in Minnesota, which alerted federal authorities.  The defendants allegedly told U.S. Immigration and Customs Enforcement their false story in an effort to obtain special visas offered to victims of human trafficking.  ICE referred the case to the New Jersey Division of Criminal Justice.

The defendants allegedly persisted in their false accusations until May 17, 2012, when they were scheduled to testify before a state grand jury against the Pennington couple.  At that time, they allegedly admitted that their allegations were false. It is alleged that, in reality, the defendants came to the U.S. on student visas without intending to go to school.  They allegedly intended to live for a year with the couple in Pennington and work in the couple’s nail salons while they attempted to establish legal residency in the U.S.  The defendants allegedly were paid for their work, but became frustrated when the New Jersey relatives did not help them to acquire legal resident status.

Deputy Attorney General Asha Vaghela presented the case to the state grand jury.  It was investigated by Detective Eric Barnes, Lt. Stephanie Stenzel and Deputy Attorney General Vaghela.  Fourth-degree crimes carry a sentence of up to 18 months in state prison and a $10,000 fine.  The indictments are merely accusations and the defendants are presumed innocent until proven guilty.  Arrest warrants have been issued for the defendants, and ICE has been notified.

Consideration of Deferred Action for Childhood Arrivals Process

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Consideration of Deferred Action for Childhood Arrivals Process

As the Department of Homeland Security (DHS) continues to focus its enforcement resources on the removal of individuals who pose a danger to national security or a risk to public safety, including individuals convicted of crimes with particular emphasis on violent criminals, felons, and repeat offenders, DHS will exercise prosecutorial discretion as appropriate to ensure that enforcement resources are not expended on low priority cases, such as individuals who came to the United States as children and meet other key guidelines.  Individuals who demonstrate that they meet the guidelines below may request consideration of deferred action for childhood arrivals for a period of two years, subject to renewal, and may be eligible for employment authorization.

You may request consideration of deferred action for childhood arrivals if you:

  1. Were under the age of 31 as of June 15, 2012;
  2. Came to the United States before reaching your 16th birthday;
  3. Have continuously resided in the United States since June 15, 2007, up to the present time;
  4. Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
  5. Entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012;
  6. Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
  7. Have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

Individuals can call USCIS at 1-800-375-5283 with questions or to request more information on the deferred action for childhood arrivals process or visit www.uscis.gov.

View the Consideration of Deferred Action for Childhood Arrivals Process Video

NJ Immigration Lawyer: Secretary Napolitano Announces Deferred Action Process for Young People Who Are Low Enforcement Priorities

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Secretary of Homeland Security Janet Napolitano today announced that effective immediately, certain young people who were brought to the United States as young children, do not present a risk to national security or public safety, and meet several key criteria will be considered for relief from removal from the country or from entering into removal proceedings. Those who demonstrate that they meet the criteria will be eligible to receive deferred action for a period of two years, subject to renewal, and will be eligible to apply for work authorization.

“Our nation’s immigration laws must be enforced in a firm and sensible manner,” said Secretary Napolitano. “But they are not designed to be blindly enforced without consideration given to the individual circumstances of each case. Nor are they designed to remove productive young people to countries where they may not have lived or even speak the language. Discretion, which is used in so many other areas, is especially justified here.”

DHS continues to focus its enforcement resources on the removal of individuals who pose a national security or public safety risk, including immigrants convicted of crimes, violent criminals, felons, and repeat immigration law offenders. Today’s action further enhances the Department’s ability to focus on these priority removals.

Under this directive, individuals who demonstrate that they meet the following criteria will be eligible for an exercise of discretion, specifically deferred action, on a case by case basis:

  1. Came to the United States under the age of sixteen;
  2. Have continuously resided in the United States for a least five years preceding the date of this memorandum and are present in the United States on the date of this memorandum;
  3. Are currently in school, have graduated from high school, have obtained a general education development certificate, or are honorably discharged veterans of the Coast Guard or Armed Forces of the United States;
  4. Have not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise pose a threat to national security or public safety;
  5. Are not above the age of thirty.

Only those individuals who can prove through verifiable documentation that they meet these criteria will be eligible for deferred action. Individuals will not be eligible if they are not currently in the United States and cannot prove that they have been physically present in the United States for a period of not less than 5 years immediately preceding today’s date. Deferred action requests are decided on a case-by-case basis. DHS cannot provide any assurance that all such requests will be granted. The use of prosecutorial discretion confers no substantive right, immigration status, or pathway to citizenship. Only the Congress, acting through its legislative authority, can confer these rights.

While this guidance takes effect immediately, USCIS and ICE expect to begin implementation of the application processes within sixty days. In the meantime, individuals seeking more information on the new policy should visit USCIS’s website (at www.uscis.gov), ICE’s website (at www.ice.gov), or DHS’s website (at www.dhs.gov). Beginning Monday, individuals can also call USCIS’ hotline at 1-800-375-5283 or ICE’s hotline at 1-888-351-4024 during business hours with questions or to request more information on the forthcoming process.

For individuals who are in removal proceedings and have already been identified as meeting the eligibility criteria and have been offered an exercise of discretion as part of ICE’s ongoing case-by-case review, ICE will immediately begin to offer them deferred action for a period of two years, subject to renewal.

For more information on the Administration policy reforms to date, please see this fact sheet.

Looking for an NJ Immigration Lawyer?  Contact a NJ Immigration Lawyer at Garces & Grabler, P.C. Or call 1-800-923-3456 to make an appointment today.

Temporary Protected Status Designation Extended for Somalia

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Secretary of Homeland Security Janet Napolitano has re-designated Somalia for Temporary Protected Status (TPS) and has extended the existing TPS designation for Somalia from Sept. 18, 2012 through March 17, 2014, allowing eligible nationals of Somalia to register or re-register for TPS in accordance with the Federal Register notice.

Somali nationals with TPS who are seeking to re-register for TPS must file their application packages during the 60-day re-registration period that runs from May 1, 2012, through July 2, 2012. Somalis (or persons without nationality who last habitually resided in Somalia) in the United States who do not currently have TPS may apply under the re-designation during the six-month period that runs from May 1, 2012 through Oct. 29, 2012. U.S. Citizenship and Immigration Services (USCIS) encourages eligible individuals to register as soon as possible.

During the past year, the Department of Homeland Security (DHS) and the Department of State have reviewed the conditions in Somalia. Based upon this review, Secretary Napolitano has determined that a re-designation and 18-month extension of TPS for Somalia is warranted.

The extension of the current Somalia TPS designation is due to the continued disruption of living conditions in the country based upon extraordinary and temporary conditions that prompted the U.S. Attorney General’s re-designation of Somalia for TPS on Sept. 4, 2001. The Secretary’s re-designation is based on ongoing armed conflict and the worsening of the extraordinary and temporary conditions, including the effects of the recent severe drought in Somalia.

A Somali national may be eligible under the re-designation if she or he has continuously resided in the United States since May 1, 2012, and has been continuously physically present in the United States since Sept. 18, 2012.

DHS anticipates that there are approximately 250 individuals who will be eligible to re-register for TPS under the existing designation of Somalia and estimates that fewer than 1,000 additional individuals will be eligible for TPS under the re-designation.

Individuals applying for TPS for the first time must submit:

  • A Form I-821, Application for Temporary Protected Status;
  • A Form I-765, Application for Employment Authorization, regardless of whether they want an Employment Authorization Document (EAD);
  • The Form I-821 application fee;
  • The biometrics services fee if they are age 14 or older; and
  • The Form I-765 application fee, but only if they want an EAD and are 14 to 65 years old. Those under 14 or over 65 do not need to pay the I-765 fee with their initial TPS application.

Individuals re-registering for TPS must submit:

  • A Form I-821, Application for Temporary Protected Status;
  • A Form I-765, Application for Employment Authorization, regardless of whether they want an Employment Authorization Document (EAD);
  • The biometric services fee if they are age 14 or older; and
  • The Form I-765 application fee, but only if they want an EAD. All individuals re-registering for TPS who want an EAD must pay the I-765 fee, regardless of age.

TPS applicants who are registering for the first time and applicants re-registering for TPS may request that USCIS waive any or all fees by filing a Form I-912, Request for Fee Waiver, or by submitting a written request. Failure to submit the required filing fees or a properly documented fee-waiver request will result in the rejection of the TPS application.

Applicants can download free TPS forms from the USCIS website at www.uscis.gov/forms or request free TPS forms by calling USCIS toll-free at 1-800-870-3676.

Additional information on TPS for Somalia, including guidance on the application process, eligibility, and where to file, is available online at www.uscis.gov/tps. Further details on this extension and re-designation of Somalia for TPS, including the application requirements and procedures, may be found in the Federal Register notice published today.

Applicants seeking information about the status of their individual cases can check My Case Status Online, or call the USCIS National Customer Service Center at 1-800-375-5283 (TTY 1-800-767-1833).

Need help with an immigration issue in New Jersey? Contact a New Jersey Immigration Lawyer. Or call 1-800-923-3456 to schedule an appointment.

NYU Report: Essex County Illegal Immigrant Detention Centers Fail to Meet ICE’s Own Standards

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Illegal immigrants facing deportation and being held in Essex County at Delaney Hall and Essex County Correctional Facility (ECCF) are living in conditions that do not meet the federal Immigration and Customs Enforcement (ICE) agency’s own standards for such detention, according to a report by New York University School of Law’s immigrant-rights clinic.

The report, titled “Immigration Incarceration: The Expansion and Failed Reform of Immigration Detention in Essex County, NJ “, states that “The current conditions for immigrant detainees in Delaney Hall and ECCF do not fully comply with the ICE Performance-Based National Standards for 2008 or for 2011.”

The report details the grievances of 204 detainees who agreed to share their experiences at the detention centers, even though they were aware that they could possibly face retaliation by guards, staff, or ICE officials, or that their case could be impacted negatively.

According to the report, the detainees filed 46 written grievances from October 2011 to December 2011, which “included allegations of mistreatment from Delaney Hall staff, cold dormitories and inadequate blankets during the winter, and unacceptable food quality.

Read the full NYU report here

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If you are an illegal immigrant and want help with your case, contact a New Jersey Immigration Lawyer

USCIS Announces Expansion of E-Verify Self Check

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ORLANDO, Fla.—U.S. Citizenship and Immigration Services (USCIS) today announced that Self Check, a free online service of E-Verify that allows workers to check their own employment eligibility status, is now available in all 50 states, Washington, D.C., Guam, Puerto Rico, the U.S. Virgin Islands and the Commonwealth of Northern Mariana Islands. Launched in March 2011 by Secretary of Homeland Security Janet Napolitano and USCIS Director Alejandro Mayorkas, today’s announcement delivers on the goal of expanding Self Check nationally within one year.

“We are pleased to complete, ahead of schedule, our expansion of this important tool for employees,” said USCIS Director Alejandro Mayorkas during a press conference at the agency’s field office in Orlando, Fla. “Since our initial launch in March, approximately 67,000 people have used Self Check and we anticipate that participation will dramatically increase with service now available to individuals across the country.”

Self Check was developed through a partnership between the Department of Homeland Security (DHS) and the Social Security Administration (SSA) to provide individuals a tool to check their own employment eligibility status, as well as guidance on how to correct their DHS and SSA records. It is the first online E-Verify service offered directly to workers. Available in English and Spanish, Self Check enables individuals to enter the same information into Self Check that employers enter into E-Verify.

Since the program’s inception, thousands of individuals have used Self Check, available in English and Spanish, to access their federal employment eligibility records and for guidance on how to correct potential record discrepancies prior to the hiring process.

In August 2011, Self Check became a bi-lingual service available to users in both English and Spanish, broadening the scope of the program to members of our U.S. workforce who are more comfortable reading Spanish-language materials.

For more information on Self Check, please visit www.uscis.gov/selfcheck.

For more information on USCIS and its programs, please visit www.uscis.gov to receive email updates or follow us on Twitter (@uscis), YouTube (/uscis) and the USCIS blog The Beacon.

Avoid Misleading Online Businesses and Fees

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In recent weeks, USCIS has received a large number of applications prepared by an online business that charges users to complete their USCIS forms. In most cases, the charge for preparing an application is the same as the USCIS filing fee. When applicants pay these businesses online using an electronic check, the applicant is only paying for the service provided to prepare the application, and not the actual USCIS filing fee. As a result, applicants are attaching a copy of a cashed electronic check when mailing their applications to USCIS. Because the applicant has not paid the USCIS filing fee, USCIS cannot process these applications and must return them to the applicant.

USCIS would like to urge applicants to carefully read the user agreements provided by non-government websites. This information should help the applicant determine what services he or she is paying the online service provider for and minimize the possibility that the application will be rejected for the reasons noted above.

USCIS reminds applicants to avoid:

  • Dot.com websites that identify themselves as being an official government website (Remember:  Official government websites always include “.gov”, not “.com” in the web address)
  • Websites that charge applicants for blank USCIS forms

It is FREE to download USCIS forms on www.uscis.gov or to order forms by calling USCIS at (800) 870-3676.

This has been brought to you by the New Jersey Immigration Attorneys at Garces & Grabler, P.C.

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What You Should Know about Common Immigration Scams

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If you need legal advice on immigration matters, make sure that the person you rely on has authorization to give you legal advice. Only an attorney or an accredited representative working for a Board of Immigration Appeals-recognized organization can give you legal advice.

The Internet, newspapers, radio, community bulletin boards and storefronts are filled with advertisements offering immigration help. Not all of this information is from attorneys and accredited representatives. There is a lot of information that comes from organizations and individuals who are not authorized to give you legal advice, such as “notarios” and other unauthorized representatives. The wrong help can hurt. Here is some important information that can help you avoid common immigration scams.

“Notario Publico”

In many Latin American countries, the term “notario publico” (for “notary public”) stands for something very different than what it means in the United States. In many Spanish-speaking nations, “notarios” are powerful attorneys with special legal credentials. In the U.S., however, notary publics are people appointed by state governments to witness the signing of important documents and administer oaths. “Notarios publico,” are not authorized to provide you with any legal services related to immigration.

See the National Notary Association brochure on “What is a Notary Public?” for further information.

Local Businesses

Some businesses in your community “guarantee” they can get you benefits such as a:

  • Visa
  • Green Card
  • Employment Authorization Document

These businesses sometimes charge you a higher fee to file the application than USCIS charges. They claim they can do this faster than if you applied directly with USCIS. These claims are false. There are few exceptions to the normal USCIS processing times.  Visit the National Processing Volumes and Trends page at the USCIS website for more information.

Dot-com websites

Some websites offering step-by-step guidance on completing a USCIS application or petition will claim to be affiliated with USCIS. USCIS has its own official website with:

  • Free downloadable forms
  • Form Instructions
  • Information on filing fees and processing times

Do not pay for blank USCIS forms either in person or over the Internet.

Visa Lottery

Once a year, the Department of State (DOS) makes 50,000 diversity visas (DVs) available via random selection to persons meeting strict eligibility requirements and who come from countries with low rates of immigration to the United States. During this time, it is common for immigration scammers to advertise in emails or websites that reference either the:

  • DV lottery
  • Visa lottery
  • Green Card lottery

These emails and websites often claim that they can make it easier to enter the annual Diversity Immigrant Visa Program, for a fee. Some even identify you as a DV lottery “winner.”

These emails and websites are fraudulent. The only way to apply for the DV lottery is through an official government application process. DOS does not send emails to applicants. Visit the Department of State website to verify if you are actually a winner in the DV lottery or for information on how to submit an application for a DV lottery visa.

INS or USCIS?

To this day, some local businesses, websites and individuals make reference to the Immigration and Naturalization Service (INS). This agency no longer exists!

INS was dismantled on March 1, 2003, and most of its functions were transferred from the Department of Justice to three new components within the newly formed Department of Homeland Security. U.S. Citizenship and Immigration Services (USCIS) is the component that grants immigration benefits. The other two components are U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection.

All official correspondence regarding your immigration case will come from USCIS.

Contact the New Jersey Immigration attorneys at Garces & Grabler, P.C. for help with your immigration matters.

What is Advance Parole?

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Advance Parole is permission granted to qualified foreign nationals to allow them to re-enter the United States after temporarily traveling abroad.

Individuals who are not U.S. citizens, do not have valid immigrant visas, and have pending applications for certain immigration benefits are required to apply for a travel document and be approved for Advance Parole prior to leaving the United States in order to avoid termination of their pending applications.

To determine if you should apply for Advance Parole, see Who May File Form I-131? section on Form I-131 (Application for Travel Document).

What is Form I-131 used for?

Form I-131, Application for Travel Document, is used to apply for three different types of travel documents:

  • Advance Parole
  • Refugee Travel Document
  • Re-Entry Permit

For more information on how to apply for any of these travel documents, follow the link to the document Form I-131 (Application for Travel Document).

Advance Parole

Advance parole is issued solely to authorize the temporary parole of a person into the United States. The document may be accepted by a transportation company (airlines) instead of a visa as an authorization to travel to the United States.

An advance parole document does not replace your passport.

Advance parole is most commonly used when someone has Form I-485, Application to Register Permanent Residence or to Adjust Status, pending.  If you depart the U.S. while your I-485 application is pending without first obtaining advance parole, your case will be denied unless you fit into a narrow exception for those maintaining certain nonimmigrant statuses.

Advance Parole for Asylees

An asylum applicant who has a pending Form I-589, Application for Asylum and for Withholding of Removal, and has not received a final decision may be allowed to travel outside the United States.

If you are an asylum applicant and you intend to travel outside the United States and return you must apply for and receive advance parole.  If you leave the United States without first obtaining advance parole, we will presume you abandoned your asylum application.

Advance parole does not guarantee that you will be allowed to reenter the United States, rather, an immigration inspector from U.S. Customs and Border Protection (CBP) must inspect you and determine whether you will be allowed to reenter the United States.

Refugee Travel Document

A refugee travel document is issued to a person who has been granted refugee or asylum status, or to a permanent resident who obtained a green card because they were a refugee or asylee.

If you hold refugee or asylee status and are not a permanent resident, you must have a refugee travel document to return to the United States.

Derivative asylees and refugees must also obtain a refugee travel document before leaving the United States.

If you do not obtain a refugee travel document in advance of departure, you may be unable to re-enter the United States, or you may be placed in removal proceedings before an immigration judge.

Re-entry Permit

A re-entry permit allows a permanent resident or conditional resident to apply for admission to the U.S. upon returning from abroad during the permit’s validity, without having to obtain a returning resident visa from a U.S. Embassy or consulate. Permanent or conditional residents should apply for a re-entry permit if they will be outside the United States for one year or more.

If you are not a United States citizen and have to travel outside the U.S., read the article on Emergency Travel to find out what steps you have to take to file the correct forms to re-enter the U.S.

This information is brought to you by the New Jersey Immigration Attorneys at Garces & Grabler, P.C.