Immigration News

Obtaining a T Visa may seem like a complicated process, and honestly, it can be. This type of visa is designed to help victims of human trafficking, and while it is a crucial step towards a safer future, the road is filled with paperwork, documents and, of course, wait times. So how long does it actually take for the T-Visa to be approved? Let’s break this down so you have a clear idea.

What is the T Visa?

The T Visa is a specific immigration status granted to victims of human trafficking. This visa allows applicants to live and work legally in the United States, giving them the opportunity to rebuild their lives. In addition, it can be the first step toward permanent residency, which is a great relief for many. But the process is not simple.

How long does it take for the T Visa to be approved?

Now, let’s get to the heart of the matter. The waiting time for the T Visa to be approved varies quite a bit. Generally, you can expect to wait anywhere from 17 to 36 months. That’s a long way. But why so long? Here are a few factors that can influence the length of the process:

1. 1. Incomplete documentation: If your application arrives with missing or erroneous documents, USCIS will ask you for more information. Each time additional documentation is requested, the time is extended.
  2. Limited number of visas: Each year, Congress sets a limit on the number of T-Visas that can be issued. In 2024, that limit is 5,000 visas. Once they run out, you will have to wait until more are available.
  3. USCIS workload: If there are a lot of pending applications, your wait may increase. It’s that simple.
  4. Additional applications: In some cases, you may need to submit other applications at the same time, which may also delay the process.

As you can see, the process can seem like a real puzzle. Having the guidance of an immigration attorney, however, can make all the difference. Our team at Vergara Miller Law Firm is made up of experienced attorneys who play a crucial role in this journey and are ready to help you.

T Visa Benefits

Now, let’s talk about the advantages offered by the T Visa, because not everything is waiting. Here are some key benefits:

Legal status for four years: Gives you a valid legal status that you can renew.
Work Permit: You can apply for an Employment Authorization Document (EAD) and work legally.
Traveling abroad: With a Travel Permit, you can leave and enter the United States without problems.
Path to permanent residency: If you meet the requirements, you can apply for a green card.

It is important to note that obtaining the T Visa does not automatically mean that you will receive permanent residency. There are additional steps you will need to take to achieve this, so stay well informed!

Who is eligible for the T Visa?

To apply for the T Visa, you must meet the following requirements:

Being a victim of a severe form of human trafficking.
Having arrived in the United States as a victim of human trafficking.
Demonstrate that you would suffer extreme hardship if you had to leave the country.
Cooperate with the authorities in the investigation of the crime.

If you have questions about your eligibility, feel free to call us now at (832) 305-6560 for more information.

Documentation required for the T Visa

This is the part that can be the most complicated: the necessary documents. To apply for the T Visa, you will need to submit the following:

1. 1. Form I-914: This is the official application for T status.
  2. Personal statement: Detailed description of how you were trafficked.
  3. Evidence of cooperation: Such as Form I-914, Supplement B, or relevant court documents showing cooperation with authorities.
  4. Proof of eligibility: Proof that you meet all the necessary requirements.
  5. Applicable fees: Although some fees are exempt, you should make sure you know which ones apply in your case.

Don’t worry if this is overwhelming, our lawyers are here to guide you through every step of the process!

How do I apply for the T Visa?

Applying for the T Visa can be broken down into a few steps:

1. 1. Prepare Form I-914: Complete and carefully review your application.
  2. Gather evidence: Along with your personal statement, gather all necessary documents.
  3. Submit the application: Once you have everything ready, send your application to USCIS.
  4. Secure address: If you are concerned about receiving mail, be sure to provide a secure and reliable address.

If you follow these steps, you will be one step closer to getting your T Visa!

Frequently Asked Questions

Can I include my family in my T-Visa application?

Yes! You can include some family members, such as parents or children, depending on the situation.

What is considered a “severe form of trafficking”?

Federal law classifies severe forms of trafficking into two main categories: sex trafficking and labor trafficking. If you have questions about your specific situation, the attorneys at Vergara Miller Law Firm are here to help you answer them!

What is the difference between the T Visa and the U Visa?

The T Visa focuses on victims of human trafficking, while the U Visa is for victims of other crimes. If you are a victim of trafficking, the T Visa is the right choice for you.
As you have seen, the process of obtaining the T Visa can be challenging, but it is not impossible. The key is to be well informed and surround yourself with the right people who can provide guidance. Do not hesitate to seek legal help!

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Remember, for more updates on T Visa related news, Vergara Miller Law Firm is here to provide you with the most up to date information. Be sure to follow me on my social networks and stay informed about immigration and issues relevant to immigrants in the U.S.

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Disclaimer: This is not legal advice, the material on this site has been prepared for informational purposes only. It should not be construed as legal or other professional advice, and its receipt does not constitute any type of attorney-client relationship. Never disregard the advice of your own attorney to discuss your particular case.

For many immigrants in the U.S., home should be a safe haven. However, when abuse occurs in the family, finding a way out can seem like a monumental task. This is where the Violence Against Women Act (VAWA) comes into play. This legislation gives abused spouses, children and parents the opportunity to seek protection and independence without fear of deportation. In this article, I am going to tell you how VAWA acts as a lifeline for those suffering domestic abuse and how you can use it to ensure your safety and gain your independence.

Understanding VAWA

The Violence Against Women Act (VAWA) was passed to offer certain immigrant victims of abuse the opportunity to self-petition for legal residency in the United States. This law allows individuals who have suffered abuse at the hands of a U.S. citizen or lawful permanent resident (LPR) – whether spouse, parent or child – to apply for legal status without relying on the assistance of their abuser.

VAWA gives individuals the opportunity to escape their abusive environment, seek safety and secure their legal independence, which is crucial to their long-term recovery. It is important to note that VAWA is not just for women; men and children who are victims of abuse can also benefit from this law.

VAWA Benefits

Legal protection: Allows immigrants to self-petition for residency without relying on their abuser.
Work authorization: After approval, a work permit could be obtained, allowing for financial independence.
Path to residency: Those approved could apply for permanent residency and, eventually, citizenship.
Safety and independence: Helps victims escape abusive relationships, allowing them to rebuild their lives in a safe environment.

Who Qualifies Under VAWA?

Immigrants who may qualify for relief under VAWA must demonstrate that they are:

The abused spouse of a U.S. citizen or permanent resident.
The abused father of a U.S. citizen.
The abused child of a U.S. citizen or lawful permanent resident.

Importantly, even if the marriage or relationship has ended due to divorce, death or separation, an abused spouse or child may still qualify under VAWA if they file within a specific time frame. VAWA allows victims to escape their abusers without relying on them for immigration status, offering freedom and protection.

The VAWA Application Process

To apply for protection under VAWA, it is necessary to file Form I-360, Petition for Amerasian, Widow(er) or Special Immigrant, with the United States Citizenship and Immigration Services (USCIS). This form allows the person to self-petition without the cooperation of the abuser.

Necessary Documentation

Evidence of abuse: This may include police reports, medical records, or testimony from friends and family.
Evidence of the relationship: Prove that you lived with the abuser in the U.S.
Good moral character: You need to show that you have a good track record.

Once the petition is approved under VAWA, you may be eligible to apply for permanent residency (a Green Card). This approval can be life-changing, providing the applicant with security, legal status and a path to citizenship.

VAWA and Immigration Attorneys

Navigating the immigration process can be a real challenge, especially for those who are recovering from domestic abuse. In this context, experienced immigration attorneys play a crucial role, like the team we make up at Vergara Miller Law Firm. I, Denisse, thoroughly understand the obstacles my clients face and am fully committed to helping victims of abuse achieve their residency without fear.

My in-depth knowledge of immigration law and personal experience allows me to guide my clients through the complexities of VAWA petitions, ensuring they receive the legal representation they deserve. With empathy and experience, I help my clients find security and secure their independence in the United States.

Frequently Asked Questions

What is VAWA?

The Violence Against Women Act (VAWA) allows certain victims of domestic abuse to apply for legal residency without the assistance of their abuser.

Who can qualify for VAWA?

Spouses, children or parents of U.S. citizens or permanent residents who have been abused may qualify.

What form do I need to apply for VAWA?

You must file Form I-360 with USCIS.

Do I need a lawyer to help me with my application?

While it is not mandatory, having an immigration attorney can make the process easier and increase your chances of success.

Final Reflections

The Violence Against Women Act (VAWA) is a vital resource for immigrants who suffer domestic abuse. It allows victims to secure legal status and regain control of their lives, free from fear and harm. If you or someone you know is suffering abuse, understanding the protection VAWA offers is the first step toward safety and independence.

If you believe you qualify for a VAWA petition, do not hesitate to seek legal assistance. I am here to help you navigate this process and support you on your path to a brighter and more secure future.

For more updates on VAWA-related news, remember that Vergara Miller Law Firm is here to provide you with the most up-to-date information. Be sure to follow me on my social networks and stay informed about immigration and issues relevant to immigrants in the U.S.

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Disclaimer: This is not legal advice; the material on this site has been prepared for informational purposes only. It should not be construed as legal or other professional advice, and its receipt does not constitute an attorney-client relationship. Never disregard the advice of your attorney when discussing your particular case.

Navigating the complex world of immigration can be challenging, especially for those facing difficult circumstances. The Violence Against Women Act (VAWA) might be your answer if you’re looking for a lifeline. This article dives deep into VAWA Secrets – the nuances, the hidden gems, and what you need to know to leverage this robust legislation to your advantage.

What is VAWA?

VAWA was enacted to protect individuals, particularly women, from domestic violence, sexual assault, and stalking. However, it’s not just for women; men can benefit from it too. VAWA allows certain immigrants to self-petition for a green card without the involvement of their abusive spouses. So, let’s dig into some of the VAWA Secrets that can help you understand and utilize this law effectively.

Secret #1: Leaving the Country Isn’t Always Necessary

Many believe that to fix their immigration status, they must leave the U.S. Not true! If you’ve entered the U.S. illegally but are married to a U.S. citizen who has been abusive, you might be eligible for a VAWA self-petition. This means you don’t have to leave to secure your status.

Secret #2: Evidence Matters, but Not in the Way You Think

A common misconception is that you need piles of physical evidence, like police reports or medical documents, to prove abuse. Your narrative – your affidavit – can be just as powerful. The law recognizes both extreme cruelty and battery, allowing emotional abuse to qualify under VAWA.

Tip: Focus on crafting a compelling narrative that outlines your experience. This is your chance to convey the emotional toll of your relationship.

Secret #3: Divorce Doesn’t Disqualify You

Are you worried about filing for VAWA after a divorce? Don’t be! If you apply within two years of your divorce, you can still be eligible for VAWA relief. This flexibility allows you to prioritize your safety without sacrificing your chance at a green card.

Secret #4: The VAWA Interview – What to Expect

Many dread the idea of a VAWA interview, but here’s the good news: you likely won’t have to discuss the abuse in detail during your immigration interview. The Vermont Service Center makes the final call on VAWA applications, and they have specially trained officers.

Secret #5: Understanding Extreme Cruelty

What constitutes extreme cruelty? If your partner controls aspects of your life – like who you can see or where you can go – you might be experiencing emotional abuse. This kind of psychological manipulation can be just as damaging as physical abuse.

Secret #6: Dealing with a Final Order of Removal

If you have a final removal order, don’t lose hope! You can still file for VAWA. Once your VAWA application is approved, it can help you reopen that order, allowing you to move forward in your immigration journey.

Secret #7: VAWA for Men

Yes, men can file for VAWA, too! If you’re a man experiencing abuse in a relationship with a U.S. citizen or green card holder, you’re entitled to the same protections. The law is here to support everyone.

Secret #8: Your Children’s Future

If you have children and you’re applying for VAWA, they might also be eligible for a green card. If your kids are under 21, they can get derivative status through your application. However, if they’re facing abuse themselves, they may qualify for VAWA independently.

Secret #9: Pending Cases Are Not an Obstacle

Are you already in the middle of an asylum application or other immigration proceedings? You can still file for VAWA. This law works synergistically with other applications, potentially speeding up your path to stability.

Secret #10: Protecting Your Spouse

Filing for VAWA won’t legally harm your spouse. Your application is confidential, and your spouse won’t be contacted about your VAWA petition. This aspect allows you to seek help without worrying about public repercussions.

Secret #11: The Permanent Bar Doesn’t End Your Options

If you’ve encountered the permanent bar, you might think you’re out of options. Not so! VAWA provides a path for individuals with a permanent bar to apply for work permits and green cards without leaving the country.

Bonus Secret – The T-Visa

You may have heard of the Visa T , which is designed for victims of human trafficking. If you’re facing this issue, it could provide a vital avenue for safety and stability, allowing you to remain in the U.S. and work toward a better future.

Frequently Asked Questions about VAWA

Q: Can I file for VAWA if I’m divorced?
A: Yes, as long as you apply within two years of divorce.
Q: What kind of evidence do I need for my VAWA application?
A: A well-crafted affidavit detailing your experiences can be powerful. You don’t necessarily need police reports or medical evidence.
Q: Is VAWA only for women?
A: No, VAWA is available to anyone experiencing abuse, regardless of gender.
Q: How can I help my children if I file for VAWA?
A: If eligible, your children can apply for a green card through your VAWA petition.

Wrapping Up

The VAWA Secrets we’ve explored can empower you if you’re seeking refuge from abusive relationships while navigating the immigration system. It’s crucial to remember that you’re not alone – help is available, and you have options.
Knowing these secrets can make a significant difference if you’re starting this journey or are already in the thick of it. If you need help, call us at (832) 305-6560 for more information. We ensure that you take the best steps forward.
For more updates on news related to VAWA, don’t forget that Vergara Miller Law Firm is here to provide you with the most up-to-date information. Stay informed about immigration and relevant information for immigrants in the USA, and don’t forget to follow us on social media.

Disclaimer: This is not legal advice; the material on this site has been prepared for informational purposes only. It should not be construed as legal or other professional advice, and its receipt does not constitute any attorney-client relationship. Never disregard the advice of your attorney when discussing your particular case.
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Seeking a Green Card in the United States is a life-changing process. Obtaining permanent legal residence in this country can open doors to a wide range of opportunities and benefits.

However, this process is known to be complicated and full of pitfalls that can lead even the most qualified applicants astray. Often, these mistakes can result in the denial or delay of the application, which can be costly and frustrating.

In this article, we will examine the top five common errors that people make when applying for a Green Card and how to avoid them to ensure a successful application.

Failure to Meet Eligibility Requirements

The first and perhaps the most costly mistake made by Green Card applicants is failing to meet the eligibility requirements set by the United States Citizenship and Immigration Services (USCIS). These requirements vary depending on the Green Card category under which you are applying. The most common categories include family-based immigration, employment-based immigration, and diversity immigration. It is essential to understand the specific requirements of the category to which you belong before submitting your application. A common mistake is assuming that you meet the requirements without carefully verifying them, which can result in the rejection of the application.

Incomplete or Inaccurate Forms

The Green Card application process involves completing a series of forms provided by USCIS. Here is where another common mistake is made: filling out these forms inaccurately or incompletely. Accuracy and completeness are crucial at this stage of the process. Even seemingly minor errors, such as an incorrect response or a blank field, can lead to the rejection of the application. To avoid this mistake, make sure to read and fully understand each form before completing it. If you have any questions or are unsure how to fill out a particular form, seek assistance from an immigration attorney or a qualified professional.

Lack of Required Documents

Once you have completed the required forms, the next crucial step is submitting supporting documents. These documents include birth certificates, passports, marriage certificates, employment records, and any other documents specifically required for your Green Card category. Failure to submit any of these necessary documents or submitting incomplete documents can result in rejection or a significant delay in the processing time of your application. The key to avoiding this error is to ensure that you know the complete list of required documents for your Green Card category and carefully verify that you have them all before submitting your application.

Failure to Disclose Criminal Background

USCIS requires Green Card applicants to disclose any criminal history, including arrests, convictions, and charges. This is another mistake that can have serious consequences. Failing to disclose or providing false information about your criminal history can lead to the denial of the application or, in some cases, deportation if discovered later. It is essential to be honest and transparent about your criminal history and provide all the necessary documentation to support your application.

Missing Deadlines

The Green Card application process has specific deadlines that must be met. Failure to meet these deadlines can result in the rejection of the application or a significant delay in processing time. Each form and document has a set deadline for submission, and it is the applicant’s responsibility to ensure compliance with these deadlines. A common mistake is delaying the submission of important documents or forms until the last minute, which can create unnecessary stress and complications. To avoid this error, carefully review the timeline of the application process and plan ahead to ensure compliance with all deadlines.

In conclusion, applying for a Green Card is a complex and challenging process, but by avoiding the five common errors mentioned above, you can significantly increase your chances of a successful application. Make sure to meet eligibility requirements, complete forms accurately and comprehensively, submit all required documents, disclose any criminal background, and comply with established deadlines. Additionally, consider seeking the guidance of an immigration attorney or a qualified professional to ensure that your application is handled expertly and smoothly. By following these tips and avoiding these mistakes, you will be one step closer to achieving your goal of obtaining a Green Card and securing a better future in the United States.

If you need assistance regarding this topic, you can call us now at (832) 305-6560 for more information.

We trust this information has enriched your understanding of the requirements for embarking on the immigration process. You can find more insights on this and other immigration-related topics on our website.

In the heart of the Sonoran Desert, Arizona stands at a crossroads of cultures, economies, and politics. The recent passage of SB 1231, known as Arizona’s Invasion Law, has stirred a whirlwind of debate and speculation. What does this law mean for the thousands of immigrants seeking a new start in the Grand Canyon State? And how will it affect the current residents and the social fabric of Arizona? This article dives into the depths of SB 1231, unraveling its implications and the paradigm shift it represents in Arizona’s immigration policy.

The Impact of SB 1231

SB 1231 has shaken the legal ground in Arizona. With a renewed focus on border security and collaboration with federal authorities, the law seeks to strengthen the state’s sovereignty while balancing the civil rights of its inhabitants. But what does this mean for those dreaming of a life in the state? Here’s what we can tell you:

Increased Border Security: The law aims to bolster security at the border, but at what cost? Measures include increased personnel and technology to monitor and protect the state’s boundaries.
Collaboration with Federal Authorities: It establishes a new framework for cooperation between the state and the federal government, allowing for a more agile and coordinated response to immigration challenges.
Civil Rights in the Balance: Despite its rigidity, the law attempts to protect civil rights. But does it succeed? SB 1231 has raised concerns about the potential for racial profiling and human rights violations.

Frequently Asked Questions

How will SB 1231 affect immigrants in Arizona?
What specific measures does SB 1231 introduce?
What is the community’s response to this new law?

Beyond Arizona

SB 1231 could be the beginning of a wave of changes in immigration laws nationwide. If Arizona leads the way, who will follow in its footsteps? The law has put Arizona in the spotlight, and other states are closely watching to see if they adopt similar measures.

The SB 1231 and the Immigrant Community

The immigrant community in Arizona is at the epicenter of the changes brought by SB 1231. With the promise of increased border security, the law also raises questions about inclusion and respect for cultural diversity. Advocates for immigrants’ rights are working hard to ensure that the law does not become a tool for discrimination and that immigrants have access to fair and transparent processes.

Arizona’s Economy and SB 1231

Arizona heavily relies on immigrant labor, especially in sectors like agriculture and construction. SB 1231 has the potential to affect the state’s economy by influencing the availability of skilled workers. Business leaders are closely watching how the law might impact the workforce and, consequently, the local economy.

Politics and SB 1231

Arizona’s politics have been deeply affected by SB 1231. Lawmakers who supported the law argue that it is necessary to maintain law and order, while opponents fear it could lead to civil rights violations. The law has polarized voters and will be a key issue in upcoming elections.

SB 1231 in the National Context

SB 1231 is not only relevant to Arizona; it’s a microcosm of the national conversation on immigration. With the federal administration watching closely, the law could serve as a model for future legislation in other states, or it could face legal challenges that take it all the way to the Supreme Court.

Final Thoughts: The Path Ahead

As Arizona navigates these legislative waters, we wonder what stories will be written under the shadow of SB 1231. The law reflects the tension between national security and individual rights, and its implementation will be closely followed by advocates and critics alike.

Conclusion

SB 1231 is more than a law; it’s a reflection of the tensions and challenges that modern society faces around immigration. As Arizona adapts to this new reality, the rest of the country and the world watch, waiting to see how this story of legislation and humanity unfolds.

If you need assistance, you can call us now at (832) 305-6560 for more information.

Advocates Support for Migrants Seeking a Better Life

In recent years, there has been a surge in the number of migrants seeking asylum at the U.S. border. Many are fleeing violence, poverty, and persecution in their home countries, and are seeking a better life for themselves and their families. By the end of this page, you’ll have a better understanding of what advocates support for migrants seeking a better life is.

However, the journey to the U.S. is fraught with danger, and many migrants face immense challenges along the way. From harsh living conditions in detention centers to the threat of violence from smugglers and other criminal groups, the journey can take a heavy toll on their physical and mental health.

United for a cause: Better life for Migrants

Despite these challenges, many migrants remain determined to seek a better life for themselves and their families. They are often forced to navigate a complex and confusing immigration system, with little support or guidance.

This is where migrant advocacy groups play a crucial role. These groups provide essential resources such as legal assistance, shelter, and emergency aid to help migrants navigate the immigration system and rebuild their lives. They also work to raise awareness about the challenges faced by migrants and advocate for more compassionate and just policies.

However, the work of migrant advocacy groups has become increasingly difficult in recent years. The Trump administration implemented a number of harsh immigration policies, including family separations and the Migrant Protection Protocols (MPP), which forced migrants to wait in dangerous conditions in Mexico while their asylum claims were processed.

While the Biden administration has taken steps to reverse some of these policies, many challenges remain. The recent surge in illegal crossings has prompted some to call for stricter immigration policies, while others argue that a more compassionate approach is needed to address the root causes of migration.
Ultimately, the question of how to address migration is a complex and multifaceted issue. It requires a commitment to human rights, compassion, and cooperation at all levels, from local communities to national governments and international organizations.

As we continue to navigate the challenges of migration, it is important to remember the humanity and dignity of those involved. By working together and supporting one another, we can create a brighter future for all.

If you would like more information or need help with your immigration process, you can call us now at (832) 305-6560. Or schedule a consultation by clicking here.

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Disclaimer: This is not legal advice, the material on this site has been prepared for informational purposes only. It should not be construed as legal or other professional advice, and its receipt does not constitute any type of attorney-client relationship. Never disregard the advice of your own attorney to discuss your particular case.

Reforming Asylum Processing and Policy In recent years, U.S. asylum policy has been the subject of intense change and debate. The current administration of President Joe Biden has promised to review the previous administration’s asylum policies and make significant changes to protect the rights of asylum seekers and improve border security.

Reforming Asylum Processing and Policy

As a first point, the Biden administration has made clear that asylum claims will be processed fairly and efficiently. This includes eliminating the «remain in Mexico» policy, which required asylum seekers to wait for their applications to be processed in Mexico. Instead, asylum seekers can enter the United States and wait until their applications are processed.

In addition, the Biden administration has promised to address the root causes of forced migration. These measures include providing economic and humanitarian assistance to the countries of origin of asylum seekers and fighting corruption and violence in these countries. It was also announced that coordination with transit countries such as Mexico and Guatemala would be improved to ensure orderly and safe migration.

Challenges in Implementing U.S. Asylum Policy Changes

Another important innovation is the creation of a working group to review and reform the United States asylum system. This group, headed by Homeland Security Secretary Alejandro Mayorkas, is expected to make changes to improve the asylum process, including reducing wait times for asylum applications.

However, these changes have faced other challenges. The issue of immigration policies is highly polarized in the United States, and some groups have criticized the new measures as «opening the doors to illegal immigration.» Republicans have expressed concern that the elimination of asylum barriers and the admission of people seeking asylum could increase irregular entries into the country and jeopardize security in the United States.

The situation remains complicated, and continuous efforts are needed to address the root causes of forced migration and ensure the protection of the rights of asylum seekers. However, changes in the U.S. asylum policy represent a major step toward a more humane and fair system that reflects the values of the United States as a place of hope and refuge for the most vulnerable.

In conclusion, these changes have been significant and are a topic of great importance and interest today. The Biden administration continues to work to improve the asylum process despite criticism from polarized groups. And while there are challenges to face, these changes are expected to lead the country toward a more fair, efficient, and humane asylum system that offers the protection and assistance needed to the most vulnerable people seeking a safe home in the United States.

If you would like more information or need help with the immigration process, you can call us now at (832) 305-6560. Or schedule a consultation by clicking here.

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Disclaimer: This is not legal advice, the material on this site has been prepared for informational purposes only. It should not be construed as legal or other professional advice, and its receipt does not constitute any type of attorney-client relationship. Never disregard the advice of your own attorney to discuss your particular case.

Hace unos días, legisladores en Washington introdujeron de nuevo la conocida “Dream Act”. Esta ley podría darle a casi 2 millones de personas indocumentadas, que llegaron a Estados Unidos cuando eran niños, un camino más seguro a la ciudadania estadounidense. Al final de este blog, comprenderá la El regrese del Dream Act y su potencial impacto, así como sus efectos en los migrantes.

El regrese del Dream Act y su potencial impacto

Dentro de este grupo de personas se encuentran algunos que se han beneficiado del programa DACA pero que aún no logran obtener sus papeles. Y es que DACA te protege de ser deportado, pero no provee un camino directo a la ciudadanía y actualmente se encuentra en un caso judicial que puede lograr acabar con este programa por completo.

Debido a esto, que el regrese del Dream Act, da un sentido de alivio y esperanza para todos los que anhelan vivir finalmente de manera legal en los Estados Unidos, porque de ser aprobada, cambiaría todas las limitaciones que hasta el momento se tienen con DACA.

Aún así, muchos guardan cautela sobre lo que puede pasar y es que aún cuando hay mucho optimismo, para una gran mayoría de personas no es la primera vez que introducen la ley y no se ha logrado conseguir éxito. Hay casos que llevan esperando más de 20 años desde la primera vez que la ley fue introducida.

Detalles del Plan Patrocinado por Durbin y Graham para la Aprobación de la Ley en el Congreso

El plan para que la ley sea aprobada está siendo patrocinado por los legisladores Dick Durbin y Lindsey Graham y esto marca el inicio de un nuevo impulso del Congreso actual que asumió el cargo el pasado 3 de enero y es el primer esfuerzo que se llevará a cabo de manera bipartidista.

Para ser aprobado, este plan requiere de 60 votos iniciales para luego pasar a la cámara de representantes, donde necesita 218 votos. De lograr los votos necesarios y ser aprobada, permitiría a los “dreamers” obtener la residencia permanente legal y eventualmente la ciudadania si cumplen los siguientes requisitos:

Vinieron a Estados a Unidos de niños y no tienen un estatus legal.
Se graduaron de bachillerato u obtuvieron un GED.
Buscaron continuar con educación superior, trabajar legalmente por al menos 3 años o sirvieron en el ejército.
Pasar las verificaciones de sus antecedentes penales y pagar una tarifa razonable por la solicitud.
Demostrar dominio del idioma inglés y conocimiento de la historia de Estados Unidos.
No haber cometido un delito grave y no representar una amenaza grande para el país.

Para obtener más información o solicitar ayuda con los procesos migratorios puedes llamarnos ahora al (832) 305-6560. O programa una consulta haciendo clic aquí.

Síguenos y mantente al día con toda la información migratoria.

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Disclaimer: Esto no es una asesoría legal, el material de este sitio se ha preparado únicamente con fines informativos. No debe interpretarse como asesoramiento legal o profesional de otro tipo, y su recepción no constituye ningún tipo de relación abogado-cliente. Nunca descarte la asesoría legal de su propio abogado para analizar su caso en particular.

Despite multiple attempts by the Biden Administration to eliminate the “Remain in Mexico” program, a federal judge in Texas has managed to uphold the administration’s latest proposal to end the anti-immigrant policy.

Remain in Mexico Program

This policy was implemented by President Donald Trump in 2019 with the intention of finding a solution to the migration crisis, which Republicans termed “invasive“. Since then, the program has created a dangerous and vulnerable situation for displaced migrants.

The program’s actions suggest that non-Mexican asylum seekers are forced to move south of the border so they can (or cannot) legally process immigration there.

President Biden has repeatedly attempted to end both the “Remain in Mexico” program and the Title 42 policy, arguing that these policies go against the ideals of the United States as a country of immigrants.

Border Crisis and Uncertainty Regarding the Immigration Program

In October 2021, a memo was published containing information about the program’s termination. However, the court referred the case back to federal district judge Matthew Kacsmaryk to consider whether it complied with the Administrative Procedure Act, which requires certain bureaucratic requirements in judicial proceedings.

Last Thursday, December 15th, Kacsmaryk suspended the cancellation of the program until the dispute between Texas and Missouri, both Republican-governed states, was resolved. These states have requested that the program continue due to the damages it would cause to local populations, and threats to U.S. public and national security if it were to be repealed.

However, the ruling does not order its reinstatement, a decision that leaves many with doubts regarding the future of the policy and the government’s response to the crisis at the border. What remains unknown for now is whether Mexico will accept or close its doors to the return of foreign nationals seeking asylum in the U.S.

For more information or to request help with immigration processes, you can call us now at (832) 305-6560.. Or schedule a consultation by clicking here.

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The U.S. Citizenship and Immigration Services (USCIS) has introduced a new policy change that allows foreign nationals with expired or soon-to-expire green cards to apply for U.S. citizenship and become permanent residents through naturalization, all without the need to provide proof of having applied for a replacement card. This policy change aims to facilitate the “Applying for Citizenship with an Expired Green Card for Permanent Residents” process and simplifies the transition to citizenship for eligible individuals. This means that, if you have an expired green card, you can now pursue your path to U.S. citizenship without the hassle of completing immigration Form I-90.

Permanent Residents Applying for Citizenship with an Expired Green Card

USCIS made the change in response to the severe delays the organization experienced in processing immigration documentation, which has a backlog of over 8.7 million forms.

Temporary Suspension of the Six-Month Requirement

USCIS has temporarily suspended the six-month requirement for naturalization applicants. They will no longer have issues with their Form N-400s if they file them at least six months before their permanent resident card’s expiration date.

Impact of Extensive Delays in Green Card Applications

Before 2016, processing times for green card applications were under 180 days. However, since then, processing times have tripled and even quadrupled in some USCIS offices. This has significantly impacted the lives of thousands of family members residing in the United States who are awaiting their green cards.

For more information or to request help with immigration processes, you can call us now at (832) 305-6560.. Or schedule a consultation by clicking here.

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