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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NEW PROVISIONAL UNLAWFUL PRESENCE WAIVER (I-601A)

 

On January 3, 2013, the Department of Homeland Security (DHS) published a regulation which will, as of March 4, 2013, allow people who entered the United States without inspection (EWI) or those who are otherwise ineligible to adjust their status in the United States, to file Form I-601A to request a provisional waiver to excuse their unlawful presence in the United States.  Prior to this new regulation, individuals were required to file an I-601 unlawful presence waiver outside the United States not knowing if the waiver would be approved.  Now, visa applicants can receive a decision on their waiver prior to departing the United States. 

The aim of this new process is to avoid having family members file I-601 waivers abroad and be separated from their families for months or even many years while their waivers are pending.

This is an exciting new development that will open up the door for many visa applicants who did not want to risk departing the United States to attend an immigrant visa interview not knowing if they would be able to return to the United States.

The waiver applies only to inadmissibility based on “unlawful presence” in the United States.  This waiver is for applicants who are subject to either the three year or ten year bar once they leave the United States.  This does not apply to applicants who are subject to the “permanent bar”.  Applicants who are inadmissible due to fraud, criminal convictions or other grounds are not eligible for this provisional waiver.

To qualify, an applicant must be at least 17 years old and be the beneficiary of an approved I-130 visa petition as an “immediate relative of a U.S. citizen”.  Immediate relatives include spouses, parents and children of U.S. citizens.  The law requires that in order to obtain this new provisional waiver, the applicant must demonstrate extreme hardship to a qualifying relative.  Qualifying relatives for the new provisional I-601A waiver only include U.S. citizen spouses and/or parents.

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Comprehensive Immigration Reform Being Supported by both Democrats and Republicans

 

BREAKING NEWS

On Monday, January 28, 2013, a bipartisan group of senators announced a set of principles for comprehensive immigration reform.  These include a pathway to U.S. citizenship for the millions of immigrants already in the country illegally contingent upon strengthening border security.  Employer enforcement, changes in the flow of legal immigration including a guest worker program will also be main components of the immigration reform legislation.

Click here to read more about how Senators are creating a Bipartisan Blueprint for Immigration.

On Tuesday, January 29th, President Obama challenged Congress in a speech in Las Vegas, to act quickly to put those in the United States illegally on a clear path to U.S. citizenship.

 

 

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The Deferred Action for Child Arrivals

Action Alert!!!!!!!!!!

Deferred Action for Childhood Arrivals

On June 15, 2012, the Department of Homeland Security announced that certain young people who entered the U.S. before age 16 will not be removed from the U.S. and may apply for “deferred action” and work authorization.

The eligibility requirements for deferred action for childhood arrivals are as follows:

1) You must have been under 31 years of age on June 15, 2012;

2) You must have come to the U.S. before your 16th birthday;

3) You must have continuously resided in the U.S. for at least five years before June 15, 2012, and have been physically present in the U.S. on June 15, 2012;

4) You must currently be attending school, have graduated from high school, have obtained a GED certificate or have been honorably discharged from the Armed Forces or Coast Guard;

5) You must not have been convicted of a felony offense, significant misdemeanor offense, multiple misdemeanor offenses, nor otherwise pose a threat to the community or national security.

Requests for deferred action will be evaluated on a case-by-case basis.

DHS is currently accepting applications.

Please schedule an appointment with our immigration office to determine your eligibility.

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