Immigration Blog

International Youth Day 2013 Shines Spotlight on Young Immigrants

By |August 12, 2013|

International Youth Day

Today, August 12, 2013 marks International Youth Day, established in 1999 by the United Nations as a way to unite and draw attention to issues affecting young people all over the world. This year’s International Youth Day theme has a special connection to the immigrant community: “Youth Migration: Moving Development Forward.

UNICEF reports there are at least 35 million migrant youth aged 10-24 of the 210 million or more people throughout the world who have lived for a year or more outside their country of origin.

United Nations Secretary General Ban Ki-Moon explained the 2013 International Youth Day theme in more detail:

“The reasons young people migrate are many. Some are fleeing persecution, others are escaping economic hardship. Some are alone, others part of a family “ with parents, siblings and even children of their own. Some have communities to go to, others must make new connections. In transit and at their final destinations, many young migrants face equal or greater struggles, including racism, xenophobia, discrimination and human rights violations… It is important to emphasize the positive contribution young migrants make to societies of origin, transit and destination “ economically and by enriching the social and cultural fabric. Most work hard to earn a living and improve their circumstances.

On behalf of the United States, Secretary of State John Kerry released the following statement on International Youth Day today:

“As a nation founded by immigrants, and as a country with a long tradition of welcoming the “huddled masses yearning to breathe free” the United States takes great pride in our commitment to the rights of migrants to realize educational and professional opportunities in their new homes.

The Importance of Young Immigrants in 2013 and Beyond

This year’s theme of migrant youth is especially significant as 2013 has turned out to be a monumental year for immigrant youth activists in the United States. The DREAMer movement has been essential in promoting awareness for comprehensive immigration reform and drawing attention to the 11 million undocumented U.S. immigrants living in the shadows. The DREAMer movement is noteworthy for the fact that it began with promoting the rights of young migrants by young migrants, and now these DREAMers have become advocates for unauthorized and/or disadvantaged immigrants of all ages.

In a time when youth migration is higher than ever and the number of unaccompanied minors crossing the U.S. border out of desperation and fear has tripled, it is important to remember the risks and challenges unique to young immigrants and to work towards real solutions to their problems. International Youth Day not only hopes to raise awareness of the issues facing migrant youth, but to celebrate their distinctive contributions and limitless potential in whatever country they choose to call their home.

If you’re interested in learning more about immigration, join the conversation with us on Facebook and Twitter.

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The August 2013 Visa Bulletin and What It Means for Green Card Holders

By |August 5, 2013|

Take a number

Not everyone checks U.S. visa bulletin updates, but this month U.S. green card holders with loved ones living outside the United States should take note. The August 2013 visa bulletin has arrived with the announcement that the F-2A category (spouses and minor children of U.S. green card holders) is now current.

What does it mean when a visa category is “current?”

Saying a visa category is current simply means that there is no wait time for the type of visa listed. The visa bulletin publishes “priority dates for visa categories monthly, which let applicants know how far along they are on the wait list. A priority date is like the “now serving sign at a deli counter or a fast food restaurant: the priority date listed is the application date of the people USCIS is currently serving. Having a “current” visa category means you don’t even have to take a number.

Most family visa categories have wait times that are years long, if not decades. Having a current F-2A category is an exciting opportunity for U.S. permanent residents to bring their spouses and minor children to the United States as quickly as if they were U.S. citizens, which is a rarity.

How long is the August 2013 visa bulletin valid? How long is the F-2A visa category current?

The August 2013 visa bulletin update only refers to wait times through the month of August, so there is no guarantee this family visa category will stay current for long. Most immigration attorneys and specialists expect it to be current for a very limited time, probably no more than a couple months.

How can I take advantage of the F-2A category’s current status?

If you are a green card holder (legal permanent resident) and you have a spouse or minor child that you want to join you in the United States, we highly recommend talking to an immigration attorney as soon as possible. There is no way of knowing how much longer the F-2A category will stay current, so it’s best to get your case opened and processed as soon as possible. The faster green card holders apply, the faster they can reunite with their loved ones in the United States!

UPDATE: The F-2A category is still current for September 2013 according to the September 2013 Visa Bulletin.

If you want to learn more about the family-based green card petition process, visit our family green card page. If you are a green card holder/U.S. permanent resident looking to bring your spouse or minor child to the United States while the F-2A category is still current, contact us for more information or call 1-855-VISANOW for a free case assessment.

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Green Cards for Same-Sex Couples

By |July 22, 2013|

A U.S. citizen or lawful permanent resident may petition for his or her alien spouse to receive a green card (permanent residence). In order to determine whether a marriage is valid for immigration purposes, the petitioner must establish that a legally valid marriage exists and that the beneficiary qualifies as a spouse under the Immigration and Nationality Act, which includes demonstrating that the marriage is bona fide.

One June 26, 2013, the United States Supreme Court ruled that Section 3 of the DOMA (Defense of Marriage Act) was unconstitutional. Section 3 of the DOMA defined marriage as only a legal union between one man and one woman, as husband and wife.

The Supreme Court’s ruling removed section 3 of the DOMA. It is now held that if your marriage is valid under the laws of the State where it is celebrated, your marriage is valid for immigration purposes. This means that same sex couples can now petition for a green card for their fiance(e) and spouse, which opens up the door to many more immigration benefits for same sex couples.

Secretary of Homeland Security Janet Napolitano released a statement indicating that she has directed U.S. Citizenship and Immigration Services (USCIS) to review immigration visa petitions filed on behalf of a same-sex spouse in the same manner as those filed on behalf of an opposite-sex spouse.

This is a great victory for same-sex couples and opens up new paths for permanent residency and citizenship.

If you have a question about your legal status, or would like to get a green card for your same-sex spouse, contact us today or get connected on Facebook and Twitter.

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7 Ways to Spot Online Immigration Fraud

By |July 15, 2013|

As any U.S. immigrant already knows, U.S. immigration laws are complex, expansive, and constantly changing. In general, immigrants are at a heightened disadvantage in seeking legal assistance because of their lack of familiarity with U.S. customs, language, and laws. And despite U.S. immigrants’ best efforts to complete the visa process properly, thousands fall victim to immigration fraud every year.

We have already written extensively on immigration fraud and “Notario Fraud in particular, a type of immigration fraud that has plagued the Latino community and many other immigrant groups for decades. Groups such as AILA and USCIS regularly post warnings about immigration scams, but the problem continues to run rampant. And like every other type of scam, immigration fraud is alive and well on the Internet.

How do you spot a company running an online immigration fraud operation? If they are good at what they do, you won’t be able to tell right away.

Here are 7 Red Flags for Online Immigration Fraud:

  1. Asking you for money to access or download an official USCIS form. These forms are all free and available to the public on the USCIS website. If a website tries to sell you access to a USCIS form, or offers to fill out a USCIS form on your behalf without giving you access to the form, look elsewhere.
  2. Claiming to be affiliated with the U.S. government but their domain extension does not contain .gov. Only certified government websites should have this notation. Many scams use “USCIS” or other titles of U.S. government agencies in their website URL but they end in .com, .org, .net, and many other generic domain extensions.
  3. Charging fees to apply or to gain access to the Green Card Lottery (Diversity Visas.) Unfortunately, the Green Card Lottery has a huge problem with online immigration fraud.  Often perpetrated by people of foreign countries looking to make money off of their fellow citizens, Green Card Lottery scams will show up as emails announcing you as a “winner who needs to pay to access your winning lottery entry. The Green Card Lottery is free to enter and you will NEVER receive an email announcing if you’ve won. USCIS announces winners on their website, and you must look up your own name to see if you have won.  If you get any emails about the Green Card Lottery or Diversity Visas, hit the spam button.
  4. No U.S. business address, contact info, or relevant accreditations listed on their website. Remember to check and see if your law firm or company is accredited by the Better Business Bureau and by legal organizations such as AILA. They should have a legitimate place of business within the United States listed on their website, since that is where at least part of your case will be processed. Any organization assisting you in your case should have an immigration lawyer or a BIA accredited immigration specialist on staff.
  5. Refusing to show you the details of your case and/or what they are submitting to the government. Transparency and clear, open communication will be a feature of any quality legal immigration service. Online immigration fraud thrives on the fact that many customers don’t fully understand what is going on with their case and they don’t bother to find out. We have talked to individuals whose lawyers or immigration services company submitted applications with errors like misspelled names because the customer was never shown their own case documents before they were sent to the U.S. government. Your online services provider should have nothing to hide and should be willing to share everything with you online before they ever submit documents to USCIS.
  6. They make everything about the price, nothing about the service.  There are immigration websites that heavily advertise they can beat any price. Take the time to research their services, because sometimes they actually promise very little while taking a relatively large sum of money. $300 may be a small fee for a lawyer to process your visa case, but it is a large amount of money to pay someone to simply fill out a free USCIS form. Make sure you know what you are getting in advance and don’t fall for a low number without researching what it buys you.
  7. It just doesn’t feel trustworthy. Purchasing immigration services through a website should be like anywhere else you make major purchases online. Most immigration/visa application prices range from hundreds to thousands of dollars at minimum. These services are essential and life-changing, but that does not mean you should feel pressured to buy if you don’t feel right about it. Ask to talk to an employee on the phone, check out online reviews, and even do some comparison shopping to make sure you really know what you are getting into.

If you think you are a victim of online immigration fraud (or any immigration fraud,) visit the immigration fraud page on the USCIS website to report scams and to learn more about how to protect yourself.

Do you have questions or are looking for guidance on how to proceed with your immigration case online? Contact one of our immigration specialists for a free case assessment at 1-(855)-VISANOW (847-2669).

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U.S. Fiance Visas

By |July 8, 2013|


K-1 Fiance Visas

Fiance visas: did you know?

  • Over 27,000 people come to the U.S. on a K-1 fiance visa each year.
  • Approximately 95% of these visas get approved by the USCIS, with only about 1,200 petitions getting denied or waived/overcome.
  • An additional 4,500 visas get approved each year for family members of foreign fiances (for example, on derivative visas like the K-2).

There are 4 general requirements to get a fiance visa in the U.S.

  1. The sponsor must be a U.S. citizen.
  2. The sponsor and his or her fiance must complete the marriage within 90 days of the foreign fiance entering the U.S.
  3. Both fiances must be legally free to marry.
  4. The sponsor and his or her fiance must have met in person within the last 2 years.

We complete hundreds of fiance visas each year, and are always thrilled to see couples finally able to begin their lives together. Many people have questions during their fiance visa application; although each situation is different, there are some general guidelines to remember when considering your fiance visa application.

What if my fiance and I haven’t met in person yet?

The current law in the U.S. states that you must have met with your fiance in person within the last two years in order to qualify for a K-1 fiance visa. If you haven’t met in person yet, or if it has been over two years, you may have options available. Most couples will do one of the following:

  • The U.S. fiance can travel abroad to visit his or her fiance (depending on the country and your length of stay, you may need a tourist visa), or
  • The foreign national fiance may apply for a visitor visa to the U.S.

People often want to know if they can come to the U.S. on a B-2 visitor visa, and then stay to get married. Generally, we don’t recommend this method since it could complicate your green card application in the future. Most of the time, the K-1 fiance visa process is your best route for getting married to your fiance.

What about employment on a fiance visa?

Currently, your foreign national fiance will not be able to work in the U.S. until a work authorization application is approved. Once your fiance arrives in the U.S., he or she will be able to complete this application. The processing time to receive work authorization is about 90 days, on average.

Also, the U.S. citizen sponsor must be able to prove that he or she is able to financially support his or her fiance. The USCIS designates certain income requirements in an effort to make sure that bringing in foreign fiances will not overburden the U.S. economy. Some people may have the option of petitioning with a co-sponsor; your immigration attorney will be able to help you if this is your situation.

What if we aren’t married within the 90 day window?

Some couples are unwilling or unable to get married within the 90 days allowed by a fiance visa. In this case, it is generally the best option for the foreign national fiance to return to his or her home country. If you still want to get married in the future, you will have to complete the process again. If you and your fiance have decided not to get married (prior to the 90 day deadline), you may withdraw your application.

For more information about fiance visas, visit our K-1 fiance page or contact us for more information.

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The Cruel Awakening: A DREAMer’s Struggle and Success After DACA

By |July 3, 2013|


Christian and Her Mother in Mexico
 

As a child I was told education is the path to a successful life where you are not living day by day, paycheck to paycheck. As a young child in school, I was always told I could become anybody I wanted when I grew up. I was told that anything is possible if you set your mind to it.  I can’t recall the first time I was told I was undocumented. It’s like I always knew, although I do recall the feeling that this status brought to me.

As a young girl I dreamed of someday becoming a police officer or a firefighter. Being undocumented affected me For the first time when I was in high school.  When I turned 16 I received my driver’s permit but could not obtain my license.  I didn’t know how to explain to my friends that I was not “good enough for a license. Even though I had obtained my permit and even though I had passed the Driver’s Ed, I wasn’t “good enough for society. For the first time ever I understood I couldn’t be whatever I set my mind to. I felt betrayed by my family, by my education, and by the community. I felt alone. My chances of going to the university of my choice were so small, but what hurt the most was knowing that my chances of even attending college were almost impossible. My lifelong dream to get out of poverty was slowly being shot down. Even though I have a learning disability I managed to graduate with double honors from elementary school and ended up in the top 25% of a class of thousand students in high school. Even with all of this, I wasn’t “good enough for a college education.

Seeing my mother struggle to raise two girls alone in a different country gave me the strength to not give up hope. I knew I had to be careful to whom I disclosed my status.  I knew that if I revealed my situation to the wrong person my whole family could be in danger.  Even at school I wasn’t safe.  At times I felt I was living two lives: the one I pretended to have for society and the one I had at home. As I slowly gained trust I opened up to my high school counselor. Not surprisingly, she was more clueless on this subject than me.  I was the one that informed her that even with my delicate status I was still eligible to attend college. I couldn’t ask my family for help because they weren’t familiar with the system at all, and society was against me. I did not give up, I pressured my counselor to learn more, and I made connections with other staff members that I thought could help me. Finally with perseverance I was accepted and given scholarships to attend a university.

When I enrolled in college, my undocumented status hit me harder. My admission process was different from other students. As class started I set my goal to be in the top of my class and also to be very involved with extracurricular activities. These goals opened the door for me to be eligible for more scholarships. Many of these scholarships were not renewable for the next year, and therefore I never knew if I would be able to come back the following year.

Christian in 2013
 

When president Obama opened up Deferred Action for DREAMers, I didn’t want to apply.  I felt frightened that something could happen to my family.  I was afraid they could serve time in prison or get deported.  As time progressed and I became a junior in college, I was in need of an internship and a job so I could return the next school year. These events forced me to apply for DACA. Today I have the authority to work in the United States legally, but I still feel cheated and unsatisfied.  It feels horrible not to be “good enough for the place I call home. I live day by day proving society wrong and I won’t stop until I obtain justice, freedom and liberty for my community in the place I call home.

If you have questions about Deferred Action or Immigration Reform, feel free to contact us or get connected on Facebook and Twitter.

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New Benefits for Gay Immigrants after DOMA Ruling

By |July 2, 2013|


let freedom ring

Last Wednesday, the Supreme Court of the United States issued an historic ruling for gay rights, gay Americans, and gay immigrants. Section 3 of the 1996 Defense of Marriage Act, or DOMA, was ruled unconstitutional on the grounds that “By seeking to displace this protection and treating those [gay] persons as living in marriages less respected than others, the federal statute is in violation of the Fifth Amendment.

The big win for all gay couples in this ruling is access to U.S. federal benefits. This includes being able to file joint tax returns, access to veteran spouse benefits, access to federal family and medical leave, and, especially important for binational couples: U.S green cards and immigration benefits for same-sex spouses.

What does the DOMA ruling mean for U.S. Immigration and Gay Immigrants?

1) Green Cards for Gay Immigrants Married to U.S. Citizens

After the ruling last week, there were many questions on how USCIS would proceed with processing green card cases for same-sex spouses. Luckily, the government has acted quickly: gay couples have already been approved for their green cards just days after the ruling by applying the exact same way a straight couple would. These couples had all applied for green cards for their spouses prior to the ruling. For many gay immigrants and their spouses, applying for their green card was both a political statement and also an act of hope and desperation to keep their loved ones in the United States.

The Secretary of the Department of Homeland Security’s official statement on DOMA and Green Cards is as follows: “Effective immediately, I have directed U.S. Citizenship and Immigration Services (USCIS) to review immigration visa petitions filed on behalf of a same-sex spouse in the same manner as those filed on behalf of an opposite-sex spouse. This tells us that moving forward, gay couples should be able to file for green cards the exact same way as straight couples do.

With this official statement, all bi-national gay couples seeking a green card should know that they should not be denied their application if they were legally married in a state or country that allows gay marriage. There may be lawyers or immigration specialists who will claim to tell you they cannot process any same-sex spouse green card application, but this is out of ignorance or bigotry. The U.S. Supreme Court, USCIS, and DHS have all gone on record saying gay couples now have access to spouse and family-based visas, so there should be no dispute.

2) Halting Deportations of Same-Sex Spouses (in certain cases)

Just minutes after the DOMA ruling, a man who was legally married to a male U.S. citizen had his deportation charges dismissed. Although he was unauthorized to live in the U.S., he had already applied for a green card at the time of his marriage.

3) U.S. Businesses Become More Competitive for Hiring and Retaining Gay Immigrant Employees

Previously, a high-skilled or temporary visa worker might have reservations coming to work in the U.S. if they had a same-sex partner in their country of origin. Under the old law, there was no way for an immigrant worker to petition their spouse to come stay with them in the U.S. American businesses have gone on record saying that they don’t want to lose valuable gay and lesbian employees because of a discriminatory and complicated U.S. immigration system. Now their employees will have access to the greater immigration benefits afforded to all other U.S. married couples.

There is no doubt in anyone’s mind that there will be far more questions about green cards and other immigration issues for gay couples as time goes on. DOMA doesn’t solve everything for gay Americans and it certainly doesn’t fix all that’s currently broken in the U.S. immigration system. However, the progress made for gay immigrants in the past week has been inspiring and hopefully foreshadows major changes in attitude over the rights of immigrants and the rights of the LGBT community.

For further updates on DOMA and its effect on USCIS policies, as well as the impact on comprehensive immigration reform, follow our blog or get connected on Facebook and Twitter. If you have questions, don’t hesitate to contact us.

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Canada’s Startup Visa Pilot program: A Road to Permanent Residence for the Innovative Minds

By |June 21, 2013|

by Marina Falkina, Envoy Canadian Immigration Specialist

As part of the Economic Action Plan 2012, Canada has expressed its commitment to supporting entrepreneurs and world class innovators. To meet the new and emerging needs of Canadian economy, a new Canada Startup Business Class pilot program was officially launched by Citizenship and Immigration Canada (CIC) in April 2013 with 2,750 visas allocated to this special category per year.

While a bill similar to Canada’s Startup Visa is still being reviewed by the United States Congress, Canada Immigration Minister Jason Kenney is hoping to attract the best and the brightest from around the world (Silicon Valley tech gurus included), who are currently completing their temporary assignments in the US and are not too keen on returning home, or who is looking to get a boost to their innovative ideas and set up shop outside of their home countries.

As per recently published by CIC Start-Up Visa requirements, a start-up business must be a new business intended to be operated in Canada and must meet certain criteria to be a qualifying business. In order to be eligible for membership in the Start-Up Business Class pilot program, the application must first have a Commitment Certificate issued by a designated entity.

So far, about 20 venture capital groups have signed up to receive business plans from prospective applicants. Among these organizations are the National Angel Capital Organization (NACO) and Canada’s Venture Capital and Private Equity Association (CVCA).

In a nut shell, to qualify for Canada’s Start Up visa the applicant must:

  • have received a commitment certificate from a designated angel investor group or venture capital fund in Canada
  • meet the language requirements
  • meet the education requirements (at least one year of post-secondary education)
  • have sufficient settlement funds to support himself/herself in Canada

It is not clear how many Startpp visas have been issued since the launch of the pilot in April as this is a very “freshly minted visa category. However, it is expected that up to 6 months would be required in order for applicants to secure funding and obtain the required “commitment certificate before an application could be launched with CIC.

Minister Kenney indicated that the goal here is to attract “future Bill Gates and Steve Jobs, but it remains to be seen how eager the best and the brightest business prospects will be to get to Canada via this one-of-a-king new pilot.

For more information about Start-Up Visa Pilot, please visit CIC’s website.

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CBO Report Confirms that Immigration Reform is a Huge Boost for U.S. Economy

By |June 19, 2013|

CBO Report in U.S. Capitol
 

Bi-partisan groups are looking into the Senate’s immigration reform bill, and they keep finding the same thing: immigration reform is good for America’s economic future.

As highlighted previously on our blog, several reputable organizations have come out saying that immigration reform and immigrants will be a huge boost to the economy and U.S. programs. Just a few examples:

This week, another massive win for U.S. immigrants and immigration reform came from the Congressional Budget Office (CBO), a non-partisan organization in charge of assessing the economic impact of congressional bills, including the Gang of 8’s comprehensive immigration reform bill. Opponents of immigration reform were hopeful that a non-partisan analysis of immigration’s cost to society would bring more support to their side. Senator Jeff Sessions (R-AL) even asked the director of the CBO to extend their analysis from the first 10 years to the first 20 years after CIR passes, assuming the negative results of immigration would become even clearer as time went on.

To the disappointment of Sen. Sessions and many other anti-immigrant advocates, the CBO report shows that the passage of the immigration reform bill would reduce the deficit by $175 billion in the next 10 years and by more than $700 billion over the next 20 years.

The CBO report also states that over time, comprehensive immigration reform will result in wage increases for all American workers, an increase in the U.S. GDP, and an overall increase in U.S. labor productivity.

The CBO report confirms that immigrants would replenish the U.S. economy at a time when resources such as Medicare and Social Security are being drained due to an aging native population. Young, able-bodied immigrants would bring much needed revenue to federal programs that are in danger of going bankrupt. Even more importantly, they changes are sustainable: growth is shown to continue for decades after the initial passing of immigration reform.

Read the full Congressional Budget Office report here and check out the visualization of the CBO report data from the New York Times.

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Who Picks Your Produce? A Look at U.S. Farmworkers

By |June 14, 2013|

U.S. Farmworkers
 

If you have eaten a fruit or vegetable in the past week, it was most likely hand picked for you by an immigrant farmworker. The United States fruit and vegetable industry depends on the cheap, reliable labor of immigrants (mostly from Mexico) to stay afloat. Because of their relative lack of education, low wages, and often compromised immigration status, these migrant and seasonal farmworkers are extremely vulnerable to workplace abuse and fraud.

The human rights and future success of these farmworkers depend on comprehensive immigration reform. We’ve seen the benefits for a path to citizenship for farmworkers back in 1986. Half the workforce will be able to come out of the shadows and stop living as second class citizens. Migrant workers will have better opportunities to reunite with their families. It is the morally and economically correct thing to do.

Want to read more about the U.S. Agriculture Industry, U.S. Farmworkers, and migrant labor? Check out these resources:

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VISANOW is now Envoy.

As part of our mission to create opportunities for organizations and global talent, we’ve updated our brand and how we communicate our message. In a time when thinking globally is how organizations grow and progress, we help businesses build world-ready workforces.

Envoy’s workforce management platform features premiere tools for navigating the immigration process for all your sponsored employees; knowledgeable Envoy-affiliated attorney and customer support; and resources to help you learn how to become an expert in the global immigration process.

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