Hot Immigration News from November 20, 2014 announcement!

On November 20, 2014, the president announced the following executive orders. The USCIS and other agency should implement the initiatives as soon as possible. I will summarize what’s coming.

 

  1. DACA

Previous Order clearly stated that the order applied for individual born after June 15, 1981. As of November 20, 2014, individuals born before June 15 1981 who meet all other DACA guideline can apply for the benefit

 

2. Deferred Action for parent of US citizen or lawful permanent residents

Ok. This is new. So I will explain point by point.

Who? – undocumented parents living in the US w/child who is a US citizen or Legal permanent resident

Must Prove:

  • continuous residence in the United States since January 1, 2010
  • Parents of US citizen or lawful permanent born on or before November 20, 2014
  • Not in removal

 

3. Provisional Waiver of unlawful presence (I-601A for LPR spouse and children, and USC children)

In 2013, the USCIS implemented I-601A provisional waiver for a spouse of USC. Basically, a spouse of USC who entered the United Stateswithout inspection got to apply for the waiver while they are in the United States. Once the provisional waiver was granted, the spouse was to go back to embassy, and attend visa interview. If the officer found no other reason to block her entry but for her unlawful stay in the United States, the officer would grant the visa without much delay.

 

Currently, this only applies to spouses or minor children of U.S. citizens. Now, it applies to the spouses, sons, and daughters of lawful permanent resident! 

Really great tools! If applicable, please please please call me today. We will discuss your case.

Tips on how to successfully manage your personal injury matter

SUGGESTIONS TO OUR CLIENTS

1.         Do not discuss this case with anyone except your attorney, someone from our office, or your doctors.

2.         Do not sign anything regarding your claim until you receive approval of your lawyer.

3.         Do not discuss your claim with any insurance adjuster. If an adjuster contacts you, ask him or her to call your attorney.

4.         Obtain a receipt or bill for all drugs or appliances of any kind purchased by you, and mail all such receipts or bills to us.

5.         Send us all bills you receive as a result of your claim (whether paid or not). Please indicate whether you have paid them.

6.         Notify us at once of any change of employment, raises, or reductions in salary, or loss of job.

7.         Notify us at once of any change of address or telephone number.

8.         Notify us immediately if you hear of anything that might affect your case, and contact us immediately in the event of any new developments.

9.         If you are required to miss any work due to your injuries, notify us immediately.

10.        If you are required to return to the hospital, notify us.

11.        Keep a record of the name and date of any help you receive in your household duties or employment duties or recreational or social activities. Send these to us monthly.

12.        Keep a record of any additional expenses you have because of your injuries and obtain receipts. Send these to us monthly.

13.        If you are self-employed, keep a record of all times you are unable to work or per­form your duties, and why.

14.        If you have medical pay coverage or collision insurance, these claims should be made immediately. We will be glad to assist you.

15.        Please bring your automobile liability policy to our office so that we may exam­ine it.

16.        Please advise us IMMEDIATELY when you are finished treating.

IMMIGRATION- CHARGING DOCUMENT

If you are in the United states without a valid status or visa, you may be removed from the United States. To do so, the government must issue a charging document (Notice to Appear or Order to Show cause.) The charging document should include:

  • The reason for inadmissibility or deportability
  • When, and how you entered the United States
  • legal authority for the proceedings
  • act or conduct that allegedly violated the immigration law
  • Right to be represented by an attorney
  • Time/place of hearing
  • Your Identity

 

Notice to Appear: Under 8 CFR 1003.13, the NTA should be served in person or by mail.

Order to Show Cause: Also known as OSC, is a document used before April 1, 1997. It is very similar to the NTA. Except this document must be served by personal service or certified mail ONLY.

 

While all immigration hearings are civil matters, it often feels like a criminal matter. Because it is civil matter, the court does not provide an attorney for you. However, you still have right to be represented by an attorney. When you contact an immigration attorney for your removal/deportation work, you must bring Notice to Appear or Order to Show Cause.

A person in the proceeding has the following rights:

  1. REPRESENTATION by counsel: while the court does not provide you with an attorney, you can always retain one for you
  2. Right to be given a list of available legal services that are updated quarterly
  3. Right to contact your Consulate: you have right to be notified that you can communicate with the consul or diplomatic officer of your country of nationality
  4. Translation: Due Process requires that you be afforded competent translation service if you don’t speak English
  5. Right to examine Evidence
  6. Right to be advised of eligibility of relief
  7. Right to Due Process: the 5th Amendment guarantees you in removal proceedings the right to due process and the opportunity for a full and fair hearing!

 

Community Property in Washington State

Washington State along with Wisconsin, Arizona, Nevada, Louisiana, Texas, California and New Mexico have Community Property laws. I hope to explain what that means in very concise manner. For more detailed consultation, please contact my office and schedule a free 30 minutes consultation.

COMMUNITY PROPERTY:

When you are in Washington and married, I can categorize your property in two ways: community property and separate property. Generally speaking, community property is all the stuff the couple jointly earned during the marriage. Separate property is everything else.

EXAMPLE OF SEPARATE PROPERTY:

– Inheritance/ gift/ property acquired before marriage/ rent and profit from separate property

Please remember: Even if the property is community property since acquired after marriage, one spouse can still gift his/her share.

ALSO please be aware: although you acquired the property before you got married, the property later can become a community asset if it was “commingled and untraceable.” For example, if you opened a brokerage account before you got married, and you have constantly made investment after you got married, the “separate” property now is a community property since it is “untraceable” and “commingled.” Therefore if you want your property to remain separate, make an effort to do so.

Community Property Agreement: It is a contract between spouses or domestic registered partner to avoid probate. It usually the following:

1. All property acquired before marriage becomes community property

2. All future property will be community property

3. Transfer all property to the surviving spouse

This option is available so that the surviving spouse can avoid probate.

 

 

Visa Waiver Program and Adjustment

Under the Visa Waiver Program (VWP), nationals of certain countries (South Korea, Canada, UK among others) can enter the United States without a visa. Generally, those admitted under the VWP cannot change or adjust status under INA 245A. However, there is an exception for immediate relative.

Definition of Immediate Relative under the INA:

Immediate Relative means spouses, children (under 21 of age and unmarried) of U.S citizens (USC).

VWP and Immediate Relative Exception:

An individual admitted under VWP can stay in the United States for 90 days (usually.) Immediate relative can seek to adjust within the 90 day window.

There are local USCIS offices that have taken much more generous approach. Depends on the location, the local USCIS may adjust the VWP immediate relative’s adjustment of status even after the 90 days window. However, this guideline/exception is informal and may be changed in future. Please consult with a local immigration attorney.

THEREFORE, please consult with a local immigration attorney if you wish to adjust your status. There may be local rules/customs that you should be aware.