| VISA PRIORITY DATES BEING PROCESSED FOR THE MONTH OF DECEMBER 2011 |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
|
Please chick here
for uscis website
for uscis website
| IIMMIGRATION MATTERS |
There is a leaked draft memo addressed to the Director of USCIS from its senior
officers that plan on changing its policies and procedures to allow non citizens to
get green cards without waiting for Congress to change the law on immigration.
Question: Can the President make changes in immigration policies and
procedures?
Answer: Yes. The immigration law will not change but the President has certain
powers in implementing the law that can allow non citizens to obtain green cards.
This is accomplished through rule making and changing its policies and
procedures in implementing the law.
Question: What policies and procedures are under consideration to allow non
citizens to obtain green cards under the memo?
Answer: The memo will use the USCIS administrative power to make changes like:
Grant of Deferred Action. This is the power of the USCIS allow a person who has
no immediate relief from removal to stay in the country and work while waiting for
visa availability. Those who are removed or in removal and no immediate relief can
benefit under this plan.
Extend the date of those qualified to adjust status under the Registry Act from
1972 to 1996.
Grant of Parole-in-Place. This is applicable to aliens inside the US who are
inadmissible due to immigration violation. A person granted Parole-in-Place can
adjust status despite inadmissibility and unlawful presence. There are many
qualified aliens who are married to US citizens or have approved I-140 who can
adjust status if this Parole-in-Place becomes available.
Lessen standard for "extreme hardship." Currently, the standard for extreme
hardship is so narrow that very few aliens qualify. If the standard is lessened,
many aliens who are inadmissible due to immigration violations but have US
citizens or permanent resident relatives can apply for green cards.
Other plans include allowing Temporary Protected Status beneficiaries to adjust
status, strategically use Notice to Appear and other immigration plans.
Question: Will this draft memo be officially implemented?
Answer: We do not know if President Obama will approve the plan. You should
seek the advice of an experienced immigration attorney.
officers that plan on changing its policies and procedures to allow non citizens to
get green cards without waiting for Congress to change the law on immigration.
Question: Can the President make changes in immigration policies and
procedures?
Answer: Yes. The immigration law will not change but the President has certain
powers in implementing the law that can allow non citizens to obtain green cards.
This is accomplished through rule making and changing its policies and
procedures in implementing the law.
Question: What policies and procedures are under consideration to allow non
citizens to obtain green cards under the memo?
Answer: The memo will use the USCIS administrative power to make changes like:
Grant of Deferred Action. This is the power of the USCIS allow a person who has
no immediate relief from removal to stay in the country and work while waiting for
visa availability. Those who are removed or in removal and no immediate relief can
benefit under this plan.
Extend the date of those qualified to adjust status under the Registry Act from
1972 to 1996.
Grant of Parole-in-Place. This is applicable to aliens inside the US who are
inadmissible due to immigration violation. A person granted Parole-in-Place can
adjust status despite inadmissibility and unlawful presence. There are many
qualified aliens who are married to US citizens or have approved I-140 who can
adjust status if this Parole-in-Place becomes available.
Lessen standard for "extreme hardship." Currently, the standard for extreme
hardship is so narrow that very few aliens qualify. If the standard is lessened,
many aliens who are inadmissible due to immigration violations but have US
citizens or permanent resident relatives can apply for green cards.
Other plans include allowing Temporary Protected Status beneficiaries to adjust
status, strategically use Notice to Appear and other immigration plans.
Question: Will this draft memo be officially implemented?
Answer: We do not know if President Obama will approve the plan. You should
seek the advice of an experienced immigration attorney.
| Leaked draft of USCIS Memo on immigration reform By Atty. Crispin Caday Lozano |
| Marriage fraud interview is becoming a common procedure |
Question: How does USCISdetermines if the applicant for green card based on
marriage to a UScitizen will be subjected to marriage fraud interview?
Answer: The current trend for USCIS is to conduct a marriage fraud interview for
couples who are married in less than two years. If your marriage is less than two
years you can expect a marriage fraud interview. Since there are few people
applying for green card nowadays the USCIS has more time and personnel to
conduct a four hour long marriage fraud interview.
Question: What are the factors that USCISconsiders as triggers for a fraudulent
marriage?
Answer: Once an application for adjustment of status based on marriage to a US
citizen is submitted, the USCIS will immediately send an investigator to the
address given by the applicant to verify that the spouses are living together. In
addition the following may trigger suspicion of fraud:
Applicants and petitioner have different address.
Applicant and petitioner are of different race or national origin and do not speak
the same language.
There is a wide gap in age between the applicant and petitioner.
There is a difference in the cultural and religious back ground.
There is a wide disparity in educational level between petitioner and applicant.
The application missed facts that prove good faith marriage.
The application contains some inconsistencies.
The application presents grounds for suspicion.
Question: What usually happen during the fraud interview?
Answer: The USCIS officer will interview the petitioner and applicant separately
with identical questions. If the Officer found out that the marriage was not in good
faith the petition and the adjustment of status will be denied and the applicant will
be referred to the Immigration Court for removal proceedings.
Question: What are the chances that good faith marriage will become a suspect
for marriage fraud?
Answer: The USCIS Officer will always think that a marriage is suspect unless
proven otherwise. It is always advisable to consult with an immigration attorney
who can analyze your situation and prepare you for the interview of a lifetime.
marriage to a UScitizen will be subjected to marriage fraud interview?
Answer: The current trend for USCIS is to conduct a marriage fraud interview for
couples who are married in less than two years. If your marriage is less than two
years you can expect a marriage fraud interview. Since there are few people
applying for green card nowadays the USCIS has more time and personnel to
conduct a four hour long marriage fraud interview.
Question: What are the factors that USCISconsiders as triggers for a fraudulent
marriage?
Answer: Once an application for adjustment of status based on marriage to a US
citizen is submitted, the USCIS will immediately send an investigator to the
address given by the applicant to verify that the spouses are living together. In
addition the following may trigger suspicion of fraud:
Applicants and petitioner have different address.
Applicant and petitioner are of different race or national origin and do not speak
the same language.
There is a wide gap in age between the applicant and petitioner.
There is a difference in the cultural and religious back ground.
There is a wide disparity in educational level between petitioner and applicant.
The application missed facts that prove good faith marriage.
The application contains some inconsistencies.
The application presents grounds for suspicion.
Question: What usually happen during the fraud interview?
Answer: The USCIS officer will interview the petitioner and applicant separately
with identical questions. If the Officer found out that the marriage was not in good
faith the petition and the adjustment of status will be denied and the applicant will
be referred to the Immigration Court for removal proceedings.
Question: What are the chances that good faith marriage will become a suspect
for marriage fraud?
Answer: The USCIS Officer will always think that a marriage is suspect unless
proven otherwise. It is always advisable to consult with an immigration attorney
who can analyze your situation and prepare you for the interview of a lifetime.