In the wake of the devastating earthquake that has struck Haiti, the Obama administration has wisely suspended the deportation of Haitians. For years, however, many have called for the administration to designate Temporary Protected Status ("TPS") to Haitians, due to the series of natural disasters and political upheaval that have afflicted Haiti.
TPS is a temporary immigration status granted to eligible nationals of certain countries (or persons without nationality who last habitually resided in the country) designated by the Secretary of Homeland Security because those countries are experiencing temporary negative conditions, such as armed conflict or environmental disasters, that make it difficult for the nationals to return safely or for the countries to accept their return. Individuals who are given TPS are granted a stay of removal and allowed to work in the US during the designated TPS period.
As one positive sign that TPS designation for Haitians may soon come to pass, Secretary of State Hillary Clinton stated the following Thursday on CBS’ Early Show:
“Well, we have, as you know, many Haitian Americans. Most are here legally. Some are not documented. And the Obama administration is taking steps to make sure that people are given some temporary status so that we don’t compound the problem that we face in Haiti.”
We urge that the Obama administration will grant TPS to Haitians very soon.
Friday, January 15, 2010
Tuesday, December 22, 2009
New Law Protects Surviving Family Members
Under the same Appropriations Bill that eliminated the “widow penalty,” Congress voted to protect surviving family members in certain cases where, once a petition was filed, a petitioner or primary beneficiary passes away.
In the past, if a family based petitioner died prior to the beneficiary obtaining lawful permanent resident status, the application typically died as well, although in limited situations, a beneficiary could seek reinstatement for humanitarian reasons. In most cases, the beneficiary and any derivatives would no longer be able to obtain a green card through the petition.
Another common scenario was, if the primary beneficiary of a family based petition passed away, any derivative beneficiaries would lose the ability to obtain permanent residence through the petitioner’s petition for the now-deceased family member. For example, if a U.S. citizen filed a petition for his or her brother, the beneficiary’s spouse and minor children would eventually be able to obtain residence with the primary beneficiary. In the past, if the primary beneficiary passed away before obtaining permanent residency, the derivative benefits to the spouse and child died as well. The new law changes this harsh result and the derivative beneficiaries can continue to seek adjustment of status.
Similarly, in the past if an employment based beneficiary passed away while awaiting his or her adjustment of status, the spouse and minor children of the employee had no recourse and lost their eligibility for permanent residence through the employer’s petition for the deceased family member.
Depending upon the family based or employment based category in which a petition was filed and the beneficiary’s country of birth, applicants can often wait anywhere between five to more than ten years to obtain permanent residency. During these long waiting periods, it is an unfortunate reality that sometimes people pass away. Before the new bill was signed into law, an already devastating event was exacerbated by beneficiaries’ ineligibility to qualify for permanent residence as a result of their family’s loss.
However, as of October 28, 2009, a new law has changed these unfortunate consequences. According to the new law, ongoing protection is offered to many primary and derivative beneficiaries after a death. If an immigrant petition or adjustment of status application is pending and a family-based petitioner passes away, the primary and derivative beneficiaries can continue to seek permanent residence.
Similarly, if the primary beneficiary in a family based or employment based case passes away, his or her spouse and minor children can continue to seek permanent residence. There are requirements that the primary or derivative beneficiaries have to satisfy:
• the beneficiaries were in the US when the death occurred and
• the beneficiaries continue to reside in the US.
Moreover, this law covers the following types of applications:
• Immediate Relatives: a spouse, parent, or minor child of a US citizen
• All Family Preference Categories
• Employment based derivative beneficiaries: the spouse and/or minor
children of an employee on whose behalf an employer filed a visa petition
• Refugee / Asylee relative petition beneficiary
• Nonimmigrants in T visa (victims of trafficking) or U visa (victims of crimes) status
This new law is a step in the right direction and gives some relief to families that are already suffering a serious loss.
For more information regarding the new law concerning surviving beneficiaries and derivative beneficiaries and to see if you qualify to file under this law, please contact our office at (212) 748-3335 to schedule a consultation.
In the past, if a family based petitioner died prior to the beneficiary obtaining lawful permanent resident status, the application typically died as well, although in limited situations, a beneficiary could seek reinstatement for humanitarian reasons. In most cases, the beneficiary and any derivatives would no longer be able to obtain a green card through the petition.
Another common scenario was, if the primary beneficiary of a family based petition passed away, any derivative beneficiaries would lose the ability to obtain permanent residence through the petitioner’s petition for the now-deceased family member. For example, if a U.S. citizen filed a petition for his or her brother, the beneficiary’s spouse and minor children would eventually be able to obtain residence with the primary beneficiary. In the past, if the primary beneficiary passed away before obtaining permanent residency, the derivative benefits to the spouse and child died as well. The new law changes this harsh result and the derivative beneficiaries can continue to seek adjustment of status.
Similarly, in the past if an employment based beneficiary passed away while awaiting his or her adjustment of status, the spouse and minor children of the employee had no recourse and lost their eligibility for permanent residence through the employer’s petition for the deceased family member.
Depending upon the family based or employment based category in which a petition was filed and the beneficiary’s country of birth, applicants can often wait anywhere between five to more than ten years to obtain permanent residency. During these long waiting periods, it is an unfortunate reality that sometimes people pass away. Before the new bill was signed into law, an already devastating event was exacerbated by beneficiaries’ ineligibility to qualify for permanent residence as a result of their family’s loss.
However, as of October 28, 2009, a new law has changed these unfortunate consequences. According to the new law, ongoing protection is offered to many primary and derivative beneficiaries after a death. If an immigrant petition or adjustment of status application is pending and a family-based petitioner passes away, the primary and derivative beneficiaries can continue to seek permanent residence.
Similarly, if the primary beneficiary in a family based or employment based case passes away, his or her spouse and minor children can continue to seek permanent residence. There are requirements that the primary or derivative beneficiaries have to satisfy:
• the beneficiaries were in the US when the death occurred and
• the beneficiaries continue to reside in the US.
Moreover, this law covers the following types of applications:
• Immediate Relatives: a spouse, parent, or minor child of a US citizen
• All Family Preference Categories
• Employment based derivative beneficiaries: the spouse and/or minor
children of an employee on whose behalf an employer filed a visa petition
• Refugee / Asylee relative petition beneficiary
• Nonimmigrants in T visa (victims of trafficking) or U visa (victims of crimes) status
This new law is a step in the right direction and gives some relief to families that are already suffering a serious loss.
For more information regarding the new law concerning surviving beneficiaries and derivative beneficiaries and to see if you qualify to file under this law, please contact our office at (212) 748-3335 to schedule a consultation.
USCIS Announces H-1B Cap Has Been Reached
As of December 21, 2009, USCIS has received sufficient petitions to reach the statutory cap for FY2010. USCIS has also received more than 20,000 H-1B petitions on behalf of persons exempt from the cap under the advanced degree exemption. USCIS will reject cap-subject petitions for new H-1B specialty occupation workers seeking an employment start date in FY2010 that are received after December 21, 2009 USCIS will apply a computer-generated random selection process to all petitions that are subject to the cap and were received on December 21, 2009.
Friday, December 18, 2009
USCIS has published the latest H-1B cap count
U.S. Citizenship & Immigration Services has updated the H-1B cap count for Fiscal Year 2010. As of December 15, 2009, 64,200 H-1B cap-subject petitions had been filed towards the general H-1B cap of 65,000 per fiscal year.
To read the complete USCIS report, visit:
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=138b6138f898d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=73566811264a3210VgnVCM100000b92ca60aRCRD
To read the complete USCIS report, visit:
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=138b6138f898d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=73566811264a3210VgnVCM100000b92ca60aRCRD
R-A- granted asylum as a domestic violence victim after a 14 year struggle.
As reported by the Associated Press, Rody Alvarado (referred to as R-A- in court documents) was officially granted asylum by an Immigration Judge in San Francisco last week after fourteen years spent fighting her case through the courts.
Ms. Alvarado applied for asylum based on the persecution she experienced at the hands of her husband during a decade of brutal domestic violence from which the Guatemalan police and government were unwilling to protect her. Ms. Alvarado's asylum claim raised many complicated issues including whether asylum was appropriate for someone who suffered persecution at the hands of an individual rather than a government and whether a woman who experienced ongoing domestic violence in a country where she could not expect police protection could form a "particular social group" for asylum purposes.
The Obama administration has stated that regulations are being drafted that would allow victims of domestic violence a basis for asylum. If the regulations are adopted, they would be a long-awaited victory for Ms. Alvarado and others like her who have lived through horrific abuse at the hands of a domestic partner.
To read more about the history of this case: http://www.google.com/hostednews/ap/article/ALeqM5iWsaxqo-ZIskHpIdEaSdRfVHLPMgD9CLL5O80
Ms. Alvarado applied for asylum based on the persecution she experienced at the hands of her husband during a decade of brutal domestic violence from which the Guatemalan police and government were unwilling to protect her. Ms. Alvarado's asylum claim raised many complicated issues including whether asylum was appropriate for someone who suffered persecution at the hands of an individual rather than a government and whether a woman who experienced ongoing domestic violence in a country where she could not expect police protection could form a "particular social group" for asylum purposes.
The Obama administration has stated that regulations are being drafted that would allow victims of domestic violence a basis for asylum. If the regulations are adopted, they would be a long-awaited victory for Ms. Alvarado and others like her who have lived through horrific abuse at the hands of a domestic partner.
To read more about the history of this case: http://www.google.com/hostednews/ap/article/ALeqM5iWsaxqo-ZIskHpIdEaSdRfVHLPMgD9CLL5O80
Monday, December 14, 2009
Yee Durkin & Puri cordially invites you to the 1st YDP LAW FORUM
Date: Saturday, January 9, 2010
Time: 12:00pm - 4:00pm
Location: Lewis Scaria & Cote, LLC
50 Main Street, 15th Floor
White Plains, NY 10606
Cost of Forum: FREE
(Street Parking available; parking also available in Galleria Mall / Sears parking lot)
Featuring attorneys with experience in immigration, personal injury, collections, wills, business litigation, real estate, criminal defense, vehicle & traffic, divorce and family law.
Come meet the attorneys and ask your questions without having to pay a consultation fee!
Tsui Yee, Jennifer Durkin & Richa Puri
Yee Durkin & Puri, LLP
www.YDPimmigration.com
Practice Area: Immigration Law
Susan A. Scaria, Esq.
Lewis Scaria & Cote, LLC www.lscesq.com
Practice Area: Personal injury,Collections and Wills
Geoffrey N. Prime, Esq.
Prime & O'Brien, LLP
Practice Area: Criminal Defense Law and Vehicle & Traffic Law
Riyaz G. Bhimani, Esq.
Lane Sash & Larrabee LLP
www.lanesash.com
Practice Area: Business Litigation and Real Estate (commercial and residential)
Jill F. Spielberg
Harold, Salant, Strassfield & Spielberg
Practice Area: Matrimonial (Divorce)and Family Law
Please bring your family, friends and colleagues!
If you have questions or to RSVP, call Yee Durkin & Puri at (212) 748 – 3335
Time: 12:00pm - 4:00pm
Location: Lewis Scaria & Cote, LLC
50 Main Street, 15th Floor
White Plains, NY 10606
Cost of Forum: FREE
(Street Parking available; parking also available in Galleria Mall / Sears parking lot)
Featuring attorneys with experience in immigration, personal injury, collections, wills, business litigation, real estate, criminal defense, vehicle & traffic, divorce and family law.
Come meet the attorneys and ask your questions without having to pay a consultation fee!
Tsui Yee, Jennifer Durkin & Richa Puri
Yee Durkin & Puri, LLP
www.YDPimmigration.com
Practice Area: Immigration Law
Susan A. Scaria, Esq.
Lewis Scaria & Cote, LLC www.lscesq.com
Practice Area: Personal injury,Collections and Wills
Geoffrey N. Prime, Esq.
Prime & O'Brien, LLP
Practice Area: Criminal Defense Law and Vehicle & Traffic Law
Riyaz G. Bhimani, Esq.
Lane Sash & Larrabee LLP
www.lanesash.com
Practice Area: Business Litigation and Real Estate (commercial and residential)
Jill F. Spielberg
Harold, Salant, Strassfield & Spielberg
Practice Area: Matrimonial (Divorce)and Family Law
Please bring your family, friends and colleagues!
If you have questions or to RSVP, call Yee Durkin & Puri at (212) 748 – 3335
Friday, November 6, 2009
“Widow Penalty” Eliminated!
On October 28, 2009 President Obama signed a new Department of Homeland Security Appropriations bill which contained a provision to eliminate the “widow penalty.”
In the past, if a foreign national was married to a US citizen who passed away prior to the couple’s second anniversary and before the foreign national received a green card, the surviving spouse had no immigration relief. The devastating effect this “widow penalty” had on grieving families has recently received a significant amount of media attention and many federal lawsuits had been filed attacking the provision. The elimination of the “widow penalty” is a wonderful step towards making the American immigration system more humane.
The new law removes the requirement pertaining to the length of the marriage. A surviving spouse and their children will now be able to file a self-petition even if the US citizen passed away prior to the second anniversary of the marriage. The applicant must also fulfill the other requirements for a widow self-petition which remain the same.
Additionally, the new law provides relief for many individuals who did not meet the requirements of the “widow penalty” provisions due to having been married for less than two years at the time the U.S. citizen died. Applicants who did not previously qualify now have two years from the date of the enactment of this new law to file an I-360 immigrant petition. After October 28, 2011, the widow(er) petitions must be filed within two years of the qualifying spouse’s death.
Republican Senator Orrin Hatch introduced the amendment to the appropriations bill which eliminated the widow penalty and the amendment passed unanimously in the Senate. We hope that this bodes well for bipartisan support of broad-based immigration reform and other smaller measures aimed at fixing a broken system.
For more information regarding the new law concerning widow(er)s of U.S. citizens and to see if you qualify to file under this new law, please contact our office at (212) 748-3335 to schedule a consultation.
In the past, if a foreign national was married to a US citizen who passed away prior to the couple’s second anniversary and before the foreign national received a green card, the surviving spouse had no immigration relief. The devastating effect this “widow penalty” had on grieving families has recently received a significant amount of media attention and many federal lawsuits had been filed attacking the provision. The elimination of the “widow penalty” is a wonderful step towards making the American immigration system more humane.
The new law removes the requirement pertaining to the length of the marriage. A surviving spouse and their children will now be able to file a self-petition even if the US citizen passed away prior to the second anniversary of the marriage. The applicant must also fulfill the other requirements for a widow self-petition which remain the same.
Additionally, the new law provides relief for many individuals who did not meet the requirements of the “widow penalty” provisions due to having been married for less than two years at the time the U.S. citizen died. Applicants who did not previously qualify now have two years from the date of the enactment of this new law to file an I-360 immigrant petition. After October 28, 2011, the widow(er) petitions must be filed within two years of the qualifying spouse’s death.
Republican Senator Orrin Hatch introduced the amendment to the appropriations bill which eliminated the widow penalty and the amendment passed unanimously in the Senate. We hope that this bodes well for bipartisan support of broad-based immigration reform and other smaller measures aimed at fixing a broken system.
For more information regarding the new law concerning widow(er)s of U.S. citizens and to see if you qualify to file under this new law, please contact our office at (212) 748-3335 to schedule a consultation.
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