Tills Visa Law

Stephen K. Tills, Attorney at LAW

Immigration Processing Times (Family based)

We are frequently asked about the length of time that visa applications take to be processed. So after a quick review of some of our recent files we can report as follows:
spousal-visaFiance Visas: Where a foreign national is petitioned by a U.S. citizen to enter the U.S. to be married and then file for Permanent resident status (green card). This process takes an average of 18 months from the date the fiance visa is filed with U.S. CIS by the U.S. citizen petitioner.

Immigrant Visas (Spouses): For U.S. citizens filing for their foreign national spouses, the processing time has been 13 to 18 months. Here the I-130 petition based on the marriage is filed in the U.S. and upon approval is ultimately sent to a U.S. consulate abroad for issuance of the Immigrant visa. While the I-130 process is taking only 3-5 months, the consular interview / appointment scheduling takes the bulk of the time.

Adjustment of Status: U.S. citizens may file visa applications for their Spouses, Children, and Parents while they are present in the U.S. in some but not all circumstances.
These cases are taking only 6 to 10 months to be completed. We had one in 2013 take 3 months from start to finish.

Why can’t all visa applicants use this process?
Taking the case of a U.S.C. filing for a spouse: The spouse must be present in the U.S. after having entered the U.S. lawfully with a visa or as a visa waiver admittee. The spouse must also be “admissible” to the U.S., such that they have no prior immigration violations or significant criminal history. Their last admission to the U.S. must have been made without mis-representing the purpose of it (to visit and then leave). U.S. CBP and DHS have a rule known as the “30/60″ rule. If a visitor enters the U.S. and gets married within 30 days of admission, it’s presumed that he committed fraud to CBP at entry, and files the visa application within 60 days, its presumed fraud by DHS.
It’s perfectly acceptable for a foreign national entering the U.S. on a long-term visitor visa, such as an H1-B(skilled worker), or F-1(student), or even a B-2 (tourist) to fall in love and marry a U.S. citizen. The U.S. government allows the visitor to remain in the U.S. while processing the visa application. But its much trickier for visa waiver applicants admitted for up to a maximum of ninety days.

Do you need assistance?
If you are detained for immigration reasons or need to resolve your immigration status contact an Immigration Lawyer for good results.
Stephen K. Tills Esq.: an attorney and member of AILA, specializes in your area of need: Green Card Work Visa, Waivers, Detention, Citizenship, Fiance, Immigration.
Find out more:- call 716.662.5080 Immigration office of Stephen K.Tills Esq. in the Buffalo, NY.
Contact form :- www.TillsVisalaw.com email: stephen@tillsvisalaw.com

Federal Judge in Texas halts new DACA / DAPA programs

by Stephen K. Tills
We discussed previously here that President Obama’s new Immigration reform programs would face Federal Judicial review. judge_hanen_texasThe result was not favorable to the President. Yesterday, a Texas District Court Judge (Judge Andrew Hanen) issued a temporary injunction stopping the implementation of the proposed DACA II and DAPA programs. The Judge found that the the programs exceeded the authority of the Executive branch in changing Federal Immigration Law. The case has been appealed by the Obama Administration to the 5th Circuit Court of Appeals located in New Orleans, LA.

The Memorandum and Opinion of the Texas Judge is attached.
The lengthy opinion exhaustively analyzes the issues of separation of powers, Executive enforcement of laws, and its power to exercise discretion. The Opinion does not effect the intial DACA program of 2012, which involved a small population of aliens who were under age 30 and entered the U.S. as children at less than 16 years old. That program has been implemented and is unaffected by this decision.
online.wsj.com/public/resources/documents/2015_02_17_texasvusa.pdf

Stephen K. Tills Esq.: an attorney and member of AILA, specializes in your area of need: Green Card Work Visa, Waivers, Detention, Citizenship, Fiance, Immigration.
Find out more:- call 716.662.5080 Immigration office of Stephen K.Tills Esq. in the Buffalo, NY.
Contact form :- www.TillsVisalaw.com email: stephen@tillsvisalaw.com

Senator Collins’ compromise to DHS funding bill

Susan Margaret Collins, United States Senator from Maine

Susan Margaret Collins, United States Senator from Maine

Senator Susan Collins of Maine has proposed a compromise in the fight over DHS funding. The amendment would allow funding of the original Obama Executive Action for children (DACA I) but not provide funding for those initiated by Obama in November of 2014 (DACA II, and DAPA). The question is whether this change could result in passage by 60 votes in the Senate, and by 67 in the event of an Obama veto. Both sides should consider whether any or all of these Executive Actions by Obama will pass Judicial scrutiny. DACA I proscribed “Deferred Action” and employment authorization for a very limited subset of undocumented aliens in the U.S.. To be eligible, the alien was required to establish: 1) Entry into the U.S. prior to reaching age 16; having enrolled in School or in military service, and no older than 30 at the time of application. Estimates are that this would result in 600,000 recipients of the program.

Expanded DACA (Available Feb. 18, 2015) and New DAPA Program
DACA II, from Obama’s Action on November of last year, has removed the upper age barrier, so that the current age of the applicant is no longer a factor, so long as an entry was made prior to reaching age 16. The new program DAPA, for parents of U.S. citizen or lawful permanent resident (Green card) children has not yet been implemented. This program requires only that an undocumented alien have the requisite child in the U.S., have been present in the U.S. for at least 5 years, and are not in a class of high priority aliens for removal from the U.S.. (no significant criminal record, or prior immigration abuse)
While DACA I created a small loophole for select minors, DACA II and DAPA is much more expansive and is focused on a much wider cross-section of the undocumented population. The question is whether these latest Actions by the President will strain a Court’s ability to extend Judicial deference to the Executive for implementation of Immigration laws.

Do you need assistance?
If you are detained for immigration reasons or need to resolve your immigration status contact an Immigration Lawyer for good results.
Stephen K. Tills Esq.: an attorney and member of AILA, specializes in your area of need: Green Card Work Visa, Waivers, Detention, Citizenship, Fiance, Immigration.
Find out more:- call 716.662.5080 Immigration office of Stephen K.Tills Esq. in the Buffalo, NY.
Contact form :- www.TillsVisalaw.com email: stephen@tillsvisalaw.com

 

Visa Waiver and National Security

Following the Charlie Hebdo tragedy, the U.S. and countries in Europe are considering whether to change their respective border inspection programs.

Outside- at the scene some two hours after the shooting.(Paris, France)

Outside- at the scene some two hours after the shooting.(Paris, France)


VISA WAIVER PROGRAM
To discuss the issue vis-a-vis the U.S., we need to know the particulars of the Visa Waiver Program.

1. What countries are included in the U.S. Visa Waiver Program (VWP)?
answer: All 24 European countries, New Zealand, Austrailia, the Asian countries of Taiwan, South Korea, Japan, and Singapore. Chile is the only South American country   The remaining are: Iceland,  Andora, Brunei, San Marino, Malta, Monaco, and Iceland.

2. What is necessary to apply for a VWP admission to the U.S.?
answer:
a)  Must hold a machine-readable passport from one of the VWP countries. The passport contains the information for DHS to pre-screen all travelers entering by air or sea.
b)  Must obtain advance on-line ESTA (Electronic System for Travel Authorization) application in which the traveler provides identification, purpose for travel and additional background information. Only since November, 2014, has the traveler been required to provide information about any criminal arrests, convictions, or prior immigration violations.
An approved ESTA application allows for multiple entries for two years.  The ESTA can be obtained on the day of intended travel, although 72 hours in advance is recommended by DHS.
c)  Must be inspected by a Customs official. Note: The U.S. has expanded its use of pre-clearance units in airports abroad, but not for all VWP travelers.  Many are not inspected until they reach a U.S port of entry. A security concern is raised that the first face to face encounter with U.S. inspectors is after they have boarded a plane and reached the U.S. mainland.

U.S. Visa Waiver application

U.S. Visa Waiver application


WAIVER
What is least known about the program is what is Waived and by whom.  While it is true that the U.S. waives the requirement that the traveler obtain a visa (B-1 / B-2),  the traveler is also waiving certain rights.  A violator of the VWP program, most often someone who overstays the 90 day admission period, waives the right to contest a violation before an Immigration Judge, unless they are seeking asylum in the U.S..  A violator can be arrested and detained until travel arrangements are made for their return by the U.S. by air. The traveler also is denied future travel to the U.S. under the VWP. They are not, however, issued a removal (deportation) order, and are not barred from applying for a visa in the future.

Do you need assistance?
If you are detained for immigration reasons or need to resolve your immigration status contact an Immigration Lawyer for good results.
Stephen K. Tills Esq.: an attorney and member of AILA, specializes in your area of need: Green Card Work Visa, Waivers, Detention, Citizenship, Fiance, Immigration.
Find out more:- call 716.662.5080 Immigration office of Stephen K.Tills Esq. in the Buffalo, NY.
Contact form :- www.TillsVisalaw.com email: stephen@tillsvisalaw.com

The Executive order: USA Immigration


The question being debated is whether the President’s Executive “Actions” (not Orders) are legally permitted under the Constitution.

Q: Can Pres. Obama grant legal status by Executive Order?
A: Yes, if he is using his executive power to enforce the Immigration Law, and not change the law.
executive_order

Q: What status will he grant to Illegal aliens:
A1: The status will be an Order of Supervision (OSUP), which is a lawful status, and entitles the alien to obtain work authorization.
A2: For aliens currently in deportation proceedings, or previously deported, they will need to also have an Order of Deferral of Removal issued by U.S ICE or the Immigration Judge.
A3: This status is not permanent resident status (green card), nor does it make an alien eligible to file for permanent resident status.
IllegalAliens_JeffersonQuote
U.S. Immigration issues – by following the teachings of our forefathers.

THE VOTE: NEXT WEEK (JAN 2015)

WASHINGTON — House Republicans are set to vote next week on a bill to fund the Department of Homeland Security that will be coupled with a number of hard-line conservative measures going after President Barack Obama’s central immigration policies. The bill is likely to set up a week long fight between Republicans and the president that could risk shutting down DHS at the end of next month. –January 12, 2015: From Huffington Post, To read more click here

as an aside…

Republicans said that after Wednesday’s terrorist attack in France, it would be the wrong move to threaten shutting down the Homeland Security department over the immigration issue. From Huffington Post, Jan 12,2015 To read more click here

Do you need assistance?
If you are detained for immigration reasons or need to resolve your immigration status contact an Immigration Lawyer for good results.
Stephen K. Tills Esq.: an attorney and member of AILA, specializes in your area of need: Green Card Work Visa, Waivers, Detention, Citizenship, Fiance, Immigration.
Find out more:- call 716.662.5080 Immigration office of Stephen K.Tills Esq. in the Buffalo, NY.
Contact form :- www.TillsVisalaw.com email: stephen@tillsvisalaw.com

Jeh Johnson Memo regarding enforcement prioritization

Jeh Johnson, United States Secretary of Homeland Security

Jeh Johnson, United States Secretary of Homeland Security

Jeh Johnson followed Pres. Obama’s Executive Action announcement with a plan to revise the priorites of DHS.
There are now 3 levels of Priority.
priority 1
The 1st and greatest priority is aliens who have been found to be risks to national security, border security, and public safety. This category includes those who have been convicted of serious Felony offenses.
priority 2
The 2nd Priority is those who have committed at least 3 misdemeanors, or one serious misdemeanor, and also includes prior Immigration Law violators.
priority 3
The 3rd priority is for those who have received removal orders after January, 2014.

Do you need assistance?
If you are detained for immigration reasons or need to resolve your immigration status contact an Immigration Lawyer for good results.
Stephen K. Tills Esq.: an attorney and member of AILA, specializes in your area of need: Green Card Work Visa, Waivers, Detention, Citizenship, Fiance, Immigration.
Find out more:- call 716.662.5080 Immigration office of Stephen K.Tills Esq. in the Buffalo, NY.
Contact form :- www.TillsVisalaw.com email: stephen@tillsvisalaw.com

President Obama’s Immigration Reform -Nov. 2014

Deferred Action for Parents (DAP): Parents of U.S. citizen or LPR children who
entered the U.S. before Jan. 1, 2010, may apply for Deferred Action. This
allows for the application for employment authorization document (EAD) , which
is Federal I.D. and can be used to obtain a driver’s license. This is an
affirmative application sent to Citizenship & Immigration Services, the agency
which provides benefits.

DACA (Deferred Action for Childhood Arrivals) is revised so that the age limit,
previously age 30, is struck out. The requirement that aliens must have arrived
before age 16 is still in place. This application is also submitted to U.S. CIS
and results in an EAD.

Successful applications under DAP and DACA should result in termination of
deportation proceedings for those aliens already in proceedings.

Employment-based immigrant visa applications for applicants currently in the
U.S. and the admission of entrepreneurs will be increased .

U.S. Immigration and Customs Enforcement (ICE) will have new enforcement
priorities, although similar to those issued in the June, 2011, Morton Memo.
This enforcement device will be left to the prosecutorial discretion of ICE
Directors and ICE Attorneys.

Do you need assistance?
If you are detained for immigration reasons or need to resolve your immigration status contact an Immigration Lawyer for good results.
Stephen K. Tills Esq.: an attorney and member of AILA, specializes in your area of need: Green Card Work Visa, Waivers, Detention, Citizenship, Fiance, Immigration.
Find out more:- call 716.662.5080 Immigration office of Stephen K.Tills Esq. in the Buffalo, NY.
Contact form :- www.TillsVisalaw.com email: stephen@tillsvisalaw.com

U.S. Immigration ♡ All In The Family

Family-based immigration has an easier time of it rather than immigration to the United States by securing a job. There has been some talk about changing the shift from family based immigration to employment based immigration. Immigration of close family relations that cite family members already in the United States are Spouses of a U.S. Citizen (IR1), unmarried children (IR-2), adopted children (IR3 & IR4) and parents (IR5). If you are applying for a visa for siblings or parents you must be at least 21 years old. The wait time for siblings of U.S. citizens is at least 10 years. Proper filing is crucial for best results.

Unlike most other industrialized nations, the U.S. awards a much larger proportion of green cards to family members of U.S. citizens and permanent residents than to foreigners with job prospects here. About two-thirds of permanent legal immigration to the U.S. is family-based, compared with about 15 percent that is employment-based, according to the Migration Policy Institute. The remainder is largely humanitarian. read more from the Huffington Post

deportation_usaStephen K. Tills handles a wide range of immigration and immigration appeals cases. This experience has given him a unique insight to assist clients in obtaining the best possible results.

Do you need assistance?
If you are detained for immigration reasons or need to resolve your immigration status contact an Immigration Lawyer for good results.
Stephen K. Tills Esq.: an attorney and member of AILA, specializes in your area of need: Green Card Work Visa, Waivers, Detention, Citizenship, Fiance, Immigration.
Find out more:- call 716.662.5080 Immigration office of Stephen K.Tills Esq. in the Buffalo, NY.
Contact form :- www.TillsVisalaw.com email: stephen@tillsvisalaw.com

U.S. Immigration Conference August 7, 2013

NAFTA_logoKeep your eyes on the U.S.-Mexico conference Wednesday (Aug 7, 2013) in El Paso Texas. This meeting is to discuss the U.S. – Mexican economic relationship with Free Trade. The North America Free Trade Agreement (NAFTA) was penned nearly 20 years (January 1, 1994) ago between the U.S., Canada and Mexico. This meeting will be focusing on the competitiveness agenda between the U.S. and Mexico. Included in these discussions is immigration reform.
Depending on the outcome of these discussions, they may impact the future of the Republican Party in Texas. Border States like Arizona support immigration reform while Texas is holding out.
us-immigration-border
IMMIGRATION AND EDUCATION
Charles Fosters (Republican) Immigration advisor for George W. Bush and Barack Obama wants Texas to support the reform. Some republicans in Texas object that the new rules are not specific enough. Education is one issue that should be supported since these children are already in the States. Let’s get educated to improve the overall country. Passing the Immigration bill is said to create more jobs. Arizona has come around. Let’s see how Texas does after the talks from this Wednesday’s meeting.

Do you need assistance?
If you are detained for immigration reasons or need to resolve your immigration status contact an Immigration Lawyer for good results.
Stephen K. Tills Esq.: an attorney and member of AILA, specializes in your area of need: Green Card Work Visa, Waivers, Detention, Citizenship, Fiance, Immigration.
Find out more:- call 716.662.5080 Immigration office of Stephen K.Tills Esq. in the Buffalo, NY.
Contact form :- www.TillsVisalaw.com email: stephen@tillsvisalaw.com

MAY DAY Immigration rallies in the U.S.

May 1, 2013 is predicted to have unexpected large turnouts to rally for the Immigration reform throughout the nation. Many undocumented immigrants have not yet stepped forward for fear of deportation. This rally for immigration has become an annual event. Two weeks ago the senate proposes yet another Immigration Bill S.744, also known as the “Border Security, Economic Opportunity and Immigration Modernization Act.” One condition is that undocumented immigrants will not be required to pay past taxes. Some applicants who in the past have given false information or false documents may be eligible for a waiver.

“The invisible become visible on May 1,” said Angelica Salas, executive director of the Coalition for Humane Immigrant Rights of Los Angeles, which is organizing what was expected to be the nation’s largest rally. Associated press

Immigration Reform Protesters May 1 in New York City. (Liz Goodwin/Yahoo)

Immigration Reform Protesters May 1 in New York City. (Liz Goodwin/Yahoo)

Text messaging, Facebook blasts and phone calls are being made to hear some of the voices of America regarding US immigration laws. Radio announcers encourage these actions to call your local representative to let them know how you feel about the immigration laws. Support for worker rights and and some say for a long-overdue immigration system updates. Most are showing support to urge justice for immigrants in America.

Do you need assistance?
If you are detained for immigration reasons or need to resolve your immigration status contact an Immigration Lawyer for good results.
Stephen K. Tills Esq.: an attorney and member of AILA, specializes in your area of need: Green Card Work Visa, Waivers, Detention, Citizenship, Fiance, Immigration.
Find out more:- call 716.662.5080 Immigration office of Stephen K.Tills Esq. in the Buffalo, NY.
Contact form :- www.TillsVisalaw.com email: stephen@tillsvisalaw.com

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