OBAMA ANUNCIA ACCIONES EJECUTIVAS EN INMIGRACIÓN

OBAMA ANUNCIA ACCIONES EJECUTIVAS EN INMIGRACIÓN INCLUYENDO UNIDAD FAMILIAR, EXPANSIÓN DE DACA, EXPANSIÓN DEL PERDÓN PROVISIONAL, Y OPCIONES DE INMIGRACIÓN MAS EXPANSIVAS PARA TRABAJADORES ESPECIALIZADOS, INVENTORES, INVESTIGADORES E INVERSIONISTAS

El 20 de noviembre de 2014, el Presidente Obama anunció unas muy esperadas acciones ejecutivas sobre inmigración.  Estas acciones se enfocaran en parar la inmigración ilegal en la frontera, deportar a criminales, asegurar la unidad familiar y retener a trabajadores especializados, inventores y empresarios.

Algunas de las acciones incluyen:

  • Expandir a las personas elegibles bajo la Acción Diferida Para Ciertos Jóvenes (Programa DACA) a los que vinieron a los Estados Unidos antes de cumplir los 16 años y que han estado físicamente presentes en este país desde el 1 de enero de 2010.  Extender el programa de DACA y el permiso de trabajo de dos a tres años.

  • Establecer un Programa de Acción Diferida para padres de ciudadanos americanos y residentes permanentes.  Permitirá a padres de ciudadanos americanos y residentes permanentes que han estado en los Estados Unidos desde el 1 de enero de 2010 a pedir la Acción Diferida con un permiso de trabajo valido por tres años.

  • Expandir el uso de perdones provisionales para el castigo de 3/10 años para incluir a esposos e hijos/hijas de residentes permanentes y de ciudadanos americanos.

EL SERVICIO DE INMIGRACIÓN (USCIS) AUN NO ESTA ACEPTANDO APLICACIONES.  TENGAN CUIDADO DE OFERTAS PARA AYUDA EN SOMETER UNA APLICACIÓN PARA CUALQUIERA DE ESTAS ACCIONES ANTES DE QUE ESTÉN DISPONIBLES.

SI CREE QUE ES ELIGIBLE, HAY COSAS QUE PUEDE HACER PARA PREPARASE, POR EJEMPLO REUNIR CIERTOS DOCUMENTOS QUE SERÁN REQUERIDOS.  PARA EVALUAR SU ELEGIBILIDAD, POR FAVOR HAGA UNA CITA CON NUESTRA OFICINA.

Para mas información sobre las acciones ejecutivas, visite la siguiente pagina del Departamento de Seguridad Nacional:

http://www.uscis.gov/immigrationaction

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OBAMA ANNOUNCES EXECUTIVE ACTIONS ON IMMIGRATION

OBAMA ANNOUNCES EXECUTIVE ACTIONS ON IMMIGRATION: FOCUSES ON FAMILY UNITY, EXPANDING DACA, EXPANDING PROVISIONAL WAIVER PROGRAM, AND FACILITATING IMMIGRATION FOR SKILLED WORKERS, INVENTORS, RESEARCHERS AND INVESTORS

On November 20, 2014, President Obama announced his long awaited executive actions on immigration. These actions will focus on cracking down on illegal immigration at the border, deporting criminals, ensuring family unity and retaining skilled workers, researchers, inventors and entrepreneurs.

Some of the highlights include the following:

  • Expanding the population eligible for the Deferred Action for Childhood Arrivals (DACA Program) to those who came to the United States before turning 16 years old and have been present since January 1, 2010.  Extending the period of DACA and work authorization from two to three years.

  • Establishing a new Deferred Action for Parental Accountability Program.  Allowing parents of U.S. citizens and lawful permanent residents who have been in the U.S. since January 1, 2010 to request Deferred Action and employment authorization for three years.

  • Expanding the use of provisional waivers of unlawful presence (3/10 year bar) to include the spouses and sons and daughter of lawful permanent residents and the sons and daughters of U.S. citizens.

USCIS IS NOT ACCEPTING ANY APPLICATIONS AT THIS TIME.  BEWARE OF ANYONE WHO OFFERS TO HELP YOU SUBMIT AN APPLICATION OR A REQUEST FOR ANY OF THESE ACTIONS BEFORE THEY ARE AVAILABLE.  IF YOU BELIEVE YOU MAY BE ELIGIBLE, THERE ARE THINGS YOU CAN DO TO PREPARE BY GATHERING DOCUMENTATION THAT WILL CLEARLY BE REQUIRED.  IN ORDER TO EVALUATE YOUR ELIGIBILITY, PLEASE SCHEDULE AN APPOINTMENT WITH OUR OFFICE BY Clicking Here.

The Department of Homeland Security has posted information online at:

http://www.dhs.gov/immigration-action

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US Grants Temporary Protected Status for Nationals of Liberia, Guinea, and Sierra Leone

In response to the Ebola crisis  in West Africa, the Department of Homeland Security of the United States has  decided to grant 18 months of Temporary Protected Status (TPS) to citizens of Liberia, Guinea, and Sierra Leone. This means that eligible nationals of Liberia, Guinea, and Sierra Leone who are currently residing in the United States may apply for TPS with U.S. Citizenship and Immigration Services (USCIS).

TPS is also available to people without nationality who had their last habitual residence in one of those three countries. Those approved for TPS will not be removed (deported) from the United States and will be eligible to obtain an Employment Authorization Document (EAD). The registration period for this TPS status runs from November 21, 2014 through May 20, 2015.

Information about the procedures for applying for TPS are available at www.uscis.gov/tps and for additional assistance you can contact our Immigration law office in Philadelphia by clicking here.

 

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DOS Releases Instructions for the FY2016 Diversity Immigrant Visa Program

The Diversity Immigrant Visa Program is a “green card lottery” for a class of diversity immigrants with historically low rates of immigration to the U.S.  For the fiscal year 2016, 50,000 diversity visas (DV) will be available.  There is no cost to register for the DV program.

Natives of certain countries are not eligible to apply.  Applicants who are selected in the lottery will need to meet strict eligibility requirements to qualify for a diversity visa.

Entries for the DV-2016 program must be submitted electronically at www.dvlottery.state.gov between noon, Eastern Daylight Time (EDT), Wednesday, October 1, 2014, and noon, Eastern Standard Time (EST), Monday, November 3, 2014.

For more information about the program, please click here:   http://travel.state.gov/content/visas/english/immigrate/diversity-visa/Diversity-2015-Instructions.html. For assistance or questions regarding your eligibility, please schedule a consultation with our office by clicking here.

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DHS Announces an 18-Month Extension of Temporary Protected Status for People of Sudan

The Secretary of Homeland Security, Jeh Johnson, will extend the Temporary Protected Status (TPS) for eligible nationals of Sudan for an additional 18 months. The extension is effective Nov. 3, 2014 through May 2, 2016.

Current Sudanese beneficiaries who are seeking to extend their TPS status must re-register during a 60-day period that will run from Sept. 2, 2014 until Nov. 3, 2014. U.S. Citizenship and Immigration Services (USCIS) encourages beneficiaries to re-register as soon as they possibly can once the 60-day period begins. USCIS will not accept applications before Sept. 2, 2014.

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President Obama Mulls Amnesty For Landed Migrants Following Inaction By Congress

While Obama has stated in previous months that there was only so much he could do to prevent migrants with illegal standing from being deported, it appears that he is intent on flexing the muscle of the executive branch again to prevent this from occurring.
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AUGUST 2014 VISA BULLETIN HIGHLIGHTS

IN THE EMPLOYMENT BASED CATEGORIES, EB3 FOR CHINA HAS MOVED FORWARD 2 YEARS TO NOVEMBER 1, 2008. FOR THE PHILIPPINES, EB3 HAS MOVED FORWARD MORE THAN 1.5 YEARS TO JUNE 1, 2010. IN THE FAMILY BASED CATEGORIES, F2A HAS NOT MOVED, WHILE EB1 FOR THE PHILIPPINES MOVED FORWARD 1.5 YEARS TO JUNE 1, 2004.

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IMMIGRATION BENEFITS ARE NOW AVAILABLE FOR SAME-SEX COUPLES

AFTER THE SUPREME COURT’S OVERTURN OF THE 1996 DEFENSE OF MARRIAGE ACT (DOMA), GAY AND LESBIAN COUPLES ARE NOW ENTITLED TO FEDERAL IMMIGRATION BENEFITS. THIS MEANS THAT GAY AND LESBIAN US CITIZENS CAN FILE FIANCÉ/FIANCÉE PETITIONS FOR THEIR PARTNERS LIVING ABROAD AND BOTH US CITIZENS AND PERMANENT RESIDENTS CAN NOW START THE PROCESS FOR THEIR FOREIGN NATIONAL PARTNERS TO OBTAIN AN IMMIGRANT VISA/GREEN CARD. FOR MORE INFORMATION ABOUT IMMIGRATION BENEFITS FOR SAME-SEX COUPLES, HEAD TO OUR CONTACT PAGE.

FOREIGN NATIONALS IN THE US ON NONIMMIGRANT VISAS CAN NOW HAVE THEIR PARTNERS JOIN THEM IN THE US ON THE APPROPRIATE DEPENDENT NONIMMIGRANT VISA CATEGORY. SOME OF THE EMPLOYMENT BASED NONIMMIGRANT VISA CLASSIFICATIONS WILL ALLOW SPOUSE DEPENDENTS TO APPLY FOR EMPLOYMENT AUTHORIZATION TO BE ABLE TO WORK IN THE US.

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Why Do I Need a Social Security Disability Lawyer for my Social Security or SSI Disability Claim?

You are not required to be represented when you file a claim for Social Security and/or SSI (Supplemental Security Income) disability benefits. You can proceed through the disability benefit application process on your own or even “represented” by a friend or relative. However, retaining an experienced Social Security / SSI disability lawyer to represent you can be extremely beneficial in the following ways:

1)      An experienced Social Security disability lawyer in Philadelphia such as those at the law firm of Cohen, Fluhr, González and Pinillos, will analyze your Social Security / SSI disability claim to help you present the best argument under the facts your particular claim and Social Security disability law and regulations. “Disability” is actually a legal term.

There are many types of disability programs, for example, VA, Worker’s Compensation (Worker’s Comp), Disability Insurance from a private insurer, etc., and they all have different rules. Although the definition of “disability” under the Social Security Act is only one sentence long, there is an entire volume of federal regulations interpreting and explaining what the Social Security Administration means by “disability” and the procedural and other technical requirements involved in making a disability claim. In addition, there are Social Security Rulings and Operating instructions along with thousands of court cases interpreting just about every aspect of the law.

2)      The Social Security disability lawyers and the staff at Cohen, Fluhr, González and Pinillos will help to gather the medical evidence necessary to prove your Social Security / SSI disability claim. Many people think that a letter from their doctor saying they can’t work is sufficient. That is absolutely not the case. Doctors’ letters must address specific issues and must be accompanied by supporting medical records. The Social Security Administration will tell you that they will help you obtain your records, but in our experience, many cases are denied because they did not completely follow through.

3)      The Social Security / SSI disability lawyers and staff at the law firm of Cohen, Fluhr, González and Pinillos will help you to electronically file documents and medical evidence for your Social Security / SSI disability claim and any necessary appeals with the Social Security Administration. They will also monitor your claim with the Social Security Administration to make sure it stays on track.

4)      If it is necessary for you to appear at a hearing before a Social Security Administrative Law Judge, you will have an experienced Social Security / SSI disability lawyer at your side to ensure that the record in support of your claim is complete and up to date, to help you present your testimony to the Judge and to cross-examine any expert witnesses called by the Social Security Administration. In the event any further appeals are necessary, you will have an experienced disability lawyer to present written arguments (briefs) in support of your claim to the Appeals Council of the Social Security Administration and to the Federal Court.

5)      The Social Security / SSI disability lawyers at Cohen, Fluhr, González and Pinillos do not charge you any fee until your disability claim is decided in your favor.  Attorney fees must be approved by the Social Security Administration.

Call today to make an appointment to speak with a Social Security / SSI disability attorney at Cohen, Fluhr, Gonrález and Pinillos at (215) 854-0060.

 

 

 

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Those Fearing Deportation Can Take Solace In Increasing Case Success Rates

Those engaged in the soul crushing game of evading federal authorities for fear of deportation have greater reason to be hopeful of challenging their illegal status these days. A recent report by Syracuse University has revealed that increasing numbers of immigrants have been successful at overturning deportation cases brought by the federal government. According to this release, upwards of 50% of cases end favorably for the immigrants contesting their ouster from the USA, making it the highest rate of success in 20 years for migrants seeking amnesty from immigration officials.

This has allowed them to embark on the path towards legitimate landed immigrant status in this country, with half of the 42,816 individuals brought before the courts in the past 6 months being free to now seek out a life in America. Having taken the brave step out of the shadows and into the light of day, these folks no longer carry the burden of having to act like a fugitive in their own communities, which is an outcome that many of those still out in the cold think is unattainable for them.

The recent emphasis on clearing the legal system of a massive backlog of deportation cases has led the current administration in Washington to direct immigration officials to ignore cases where the deportee in question does not pose a direct or imminent criminal threat to the state and/or the nation at large.

This logjam of cases, combined with the new attitude of amnesty towards migrants that are on the straight and narrow legally, has presented a unique opportunity to those still hiding in fear to emerge from the shadows and take immediate steps towards pursuing legal immigrant status in the United States.

Additionally, those who arrived in country illegally with their parents and are presently of legal working age can pursue a work permit that will allow them to remain in the USA for up to 2 years, which can buy them valuable time to set in motion the steps necessary to gain permanent resident status.

Now Is The Time To Stop Hiding

With legal conditions towards illegal immigrants the most favorable that they have been in a generation, the time to emerge from the shadows and seek legitimate status as an immigrant in America is now.  While the 50% rate of success is encouraging, this still means that there is a statistical 50% chance of failure as well.

Stack the deck in your favor with expert legal representation; count on an immigration lawyer in Philadelphia from the firm of Cohen, Fluhr, González & Pinillos so that you can dramatically increases your odds of a successful outcome.  Get the ball rolling by giving us a call at (215) 854-0060, sending us an email by clicking here or by visiting our offices in downtown Philadelphia at 1608 Walnut St (Suite 1108).

We look forward to representing you on your quest towards becoming an American citizen!

 

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