Effective July 1, 2009, all Visa Waiver Program (VWP) emergency or temporary passports must be electronic passports (e-Passports) to be eligible for travel to the United States under the VWP.
This includes VWP applicants who present emergency or temporary passports to transit the United States.
Click here for more information on the Visa Waiver electronic passport requirement.
-Ruchi Thaker
Saturday, June 20, 2009
Friday, June 19, 2009
President Obama on Immigration
Today, President Obama spoke at the Esperanza National Hispanic Prayer Breakfast in Washington, D.C. During his speech, he said:
The American people -- the American people believe in immigration, but they also believe that we can't tolerate a situation where people come to the United States in violation of the law, nor can we tolerate employers who exploit undocumented workers in order to drive down wages. That's why we're taking steps to strengthen border security, and we must build on those efforts. We must also clarify the status of millions who are here illegally, many who have put down roots. For those who wish to become citizens, we should require them to pay a penalty and pay taxes, learn English, go to the back of the line behind those who played by the rules. That is the fair, practical, and promising way forward, and that's what I'm committed to passing as President of the United States.
President Obama owes his victory partially (if not mostly) to the Hispanic vote on November 4, 2008. So it was fitting that he asserted his commitment to immigration reform "during his Presidency." President Bush once acknowledged that the failure of his administration to pass immigration reform was a "personal disappointment" for his presidency. Let us hope that President Obama keeps his word and that we see a good immigration reform, maybe as soon as this year or early next year!
Read President Obama's speech from this morning!
-Ruchi Thaker
The American people -- the American people believe in immigration, but they also believe that we can't tolerate a situation where people come to the United States in violation of the law, nor can we tolerate employers who exploit undocumented workers in order to drive down wages. That's why we're taking steps to strengthen border security, and we must build on those efforts. We must also clarify the status of millions who are here illegally, many who have put down roots. For those who wish to become citizens, we should require them to pay a penalty and pay taxes, learn English, go to the back of the line behind those who played by the rules. That is the fair, practical, and promising way forward, and that's what I'm committed to passing as President of the United States.
President Obama owes his victory partially (if not mostly) to the Hispanic vote on November 4, 2008. So it was fitting that he asserted his commitment to immigration reform "during his Presidency." President Bush once acknowledged that the failure of his administration to pass immigration reform was a "personal disappointment" for his presidency. Let us hope that President Obama keeps his word and that we see a good immigration reform, maybe as soon as this year or early next year!
Read President Obama's speech from this morning!
-Ruchi Thaker
Thursday, June 18, 2009
Successful Deportation Defense - Client Wins Tough Deportation Waiver!
Today, one of our clients won his case in front of an Immigration Judge. When he was young, he did a number of foolish things, and ended up being convicted of several felonies. He went to prison in the mid-1990s for over one year. After that, he spent one year in Immigration custody. He has been a “free” man since then, except for the deportation case that hung over him until today.
Because of our client’s criminal history, we had to provide the judge with proof that our client has undergone significant rehabilitation, that he has been taking care of his wife and his children, that he has been working and paying his taxes, and that he has been performing community service. Working closely with out client, and some devoted members of his family, we did all that and more. At his big hearing, after our client testified, members of his family testified. His wife was the best witness. We knew that she would be.
After our client’s wife finished testifying, the attorney for the Department of Homeland Security informed the judge that the witnesses were credible, and that our client had proven that he has really changed his ways. The judge approved his case, our client cried like a baby, and everyone was happy. The DHS attorney accepted the judge's decision as final and will not appeal the favorable decision. We couldn't have asked for anything more!
-Irwin Berowitz
Because of our client’s criminal history, we had to provide the judge with proof that our client has undergone significant rehabilitation, that he has been taking care of his wife and his children, that he has been working and paying his taxes, and that he has been performing community service. Working closely with out client, and some devoted members of his family, we did all that and more. At his big hearing, after our client testified, members of his family testified. His wife was the best witness. We knew that she would be.
After our client’s wife finished testifying, the attorney for the Department of Homeland Security informed the judge that the witnesses were credible, and that our client had proven that he has really changed his ways. The judge approved his case, our client cried like a baby, and everyone was happy. The DHS attorney accepted the judge's decision as final and will not appeal the favorable decision. We couldn't have asked for anything more!
-Irwin Berowitz
Tuesday, June 16, 2009
Greencard Renewal Application
Here is something "nice" that the Department of Homeland Security ("DHS") is now supposed to do:
In a February 6, 2009 memo, the Acting Associate Director of the U.S. Citizenship and Immigration Services ("USCIS") announced that the USCIS must now immediately process Form I-90, even if the lawful permanent resident ("LPR") is subject to removal proceedings as a result of a criminal conviction.
This is an important policy change. Form I-90 is used by a lawful permanent resident to renew an expiring alien registration card ("ARC"). Typically, an ARC is valid for a period of 10 years and is physical evidence that the bearer of the ARC is a lawful permanent resident of the United States. Before the ARC expires, the alien must file Form I-90 to renew it. However, in the past, if the alien was convicted of a crime after he or she became an LPR and prior to the renewal of the ARC, DHS asked the alien to submit a certificate of disposition for the conviction. If the coviction was one that rendered the alien "removable" or "inadmissible," DHS used to commence removal proceedings against the alien without renewing the alien's ARC.
As immigration lawyers, we never understood why the DHS refused to renew the ARC if an alien was removable or inadmissible. Our position has always been that an ARC is only the physical evidence that the holder of the card is an LPR. An LPR can only "lose" the status in a few ways: (1) abandonment of the status; (2) an order of removal from an immigration judge and/or the Board of Immigration Appeals; and (3) rescission of the LPR status by the USCIS on the basis of fraud. The fact that an alien may be removable or inadmissible has nothing to do with whether the DHS should be able to renew the ARC. So, logically, the fact that the DHS would not renew the ARC did not mean that the person lost his or her status as an LPR; it only meant that he or she would no longer have proof of his or her valid status through a renewed ARC. In reality, though, this caused many problems, such as the inability to find or keep a job because of employers who were unwilling to hire or keep employees who could not produce a valid ARC, or the ability of the alien to obtain basic, necessary things, such as a driver's license.
The February 6, 2009 memo instructs the DHS to process immediately the I-90 form upon the establishment of identity and the fact that the alien is indeed and LPR. Of course, the DHS can scrutinize the LPR further if it believes that the LPR is removable and should be placed in removal proceedings, but the DHS can only do this after it processes the I-90 first.
While it isn't a "perfect" system and there is likely to be some "oversight" of this new policy, we are hopeful that the USCIS will honor this policy, so that hardworking LPRs will not have to be in limbo and without a renewed ARC until DHS decides (sometimes months later), whether to commence removal proceedings.
-Ruchi Thaker
In a February 6, 2009 memo, the Acting Associate Director of the U.S. Citizenship and Immigration Services ("USCIS") announced that the USCIS must now immediately process Form I-90, even if the lawful permanent resident ("LPR") is subject to removal proceedings as a result of a criminal conviction.
This is an important policy change. Form I-90 is used by a lawful permanent resident to renew an expiring alien registration card ("ARC"). Typically, an ARC is valid for a period of 10 years and is physical evidence that the bearer of the ARC is a lawful permanent resident of the United States. Before the ARC expires, the alien must file Form I-90 to renew it. However, in the past, if the alien was convicted of a crime after he or she became an LPR and prior to the renewal of the ARC, DHS asked the alien to submit a certificate of disposition for the conviction. If the coviction was one that rendered the alien "removable" or "inadmissible," DHS used to commence removal proceedings against the alien without renewing the alien's ARC.
As immigration lawyers, we never understood why the DHS refused to renew the ARC if an alien was removable or inadmissible. Our position has always been that an ARC is only the physical evidence that the holder of the card is an LPR. An LPR can only "lose" the status in a few ways: (1) abandonment of the status; (2) an order of removal from an immigration judge and/or the Board of Immigration Appeals; and (3) rescission of the LPR status by the USCIS on the basis of fraud. The fact that an alien may be removable or inadmissible has nothing to do with whether the DHS should be able to renew the ARC. So, logically, the fact that the DHS would not renew the ARC did not mean that the person lost his or her status as an LPR; it only meant that he or she would no longer have proof of his or her valid status through a renewed ARC. In reality, though, this caused many problems, such as the inability to find or keep a job because of employers who were unwilling to hire or keep employees who could not produce a valid ARC, or the ability of the alien to obtain basic, necessary things, such as a driver's license.
The February 6, 2009 memo instructs the DHS to process immediately the I-90 form upon the establishment of identity and the fact that the alien is indeed and LPR. Of course, the DHS can scrutinize the LPR further if it believes that the LPR is removable and should be placed in removal proceedings, but the DHS can only do this after it processes the I-90 first.
While it isn't a "perfect" system and there is likely to be some "oversight" of this new policy, we are hopeful that the USCIS will honor this policy, so that hardworking LPRs will not have to be in limbo and without a renewed ARC until DHS decides (sometimes months later), whether to commence removal proceedings.
-Ruchi Thaker
Sunday, June 14, 2009
Foreign-born widows of US Citizens
Tonight on 60 Minutes (CBS, 7:00 PM EST) - a documentary on US policy that asks foreign-born widows of US citizens to leave the United States upon the death of the US citizen.
Here is the related Department of Homeland Security order that was issued by Secretary of the DHS, Janet Napolitano, on June 9, 2009, which "eases" the burden on widows.
-Ruchi Thaker
Here is the related Department of Homeland Security order that was issued by Secretary of the DHS, Janet Napolitano, on June 9, 2009, which "eases" the burden on widows.
-Ruchi Thaker
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