Category Archives: Family

Framework on Immigration Reform Factsheet

Trump-immigration-plan

WHITE HOUSE FRAMEWORK ON IMMIGRATION REFORM & BORDER SECURITY

BORDER SECURITY: Securing the Southern and Northern border of the United States takes a combination of physical infrastructure, technology, personnel, resources, authorities, and the ability to close legal loopholes that are exploited by smugglers, traffickers, cartels, criminals and terrorists.

  • The Department of Homeland Security must have the tools to deter illegal immigration; the ability to remove individuals who illegally enter the United States; and the vital authorities necessary to protect national security.
  • These measures below are the minimum tools necessary to mitigate the rapidly growing surge of illegal immigration.
    • $25 billion trust fund for the border wall system, ports of entry/exit, and northern border improvements and enhancements.
    • Close crippling personnel deficiencies by appropriating additional funds to hire new DHS personnel, ICE attorneys, immigration judges, prosecutors and other law enforcement professionals.
    • Hiring and pay reforms to ensure the recruitment and retention of critically-needed personnel.
    • Deter illegal entry by ending dangerous statutorily-imposed catch-and-release and by closing legal loopholes that have eroded our ability to secure the immigration system and protect public safety.
    • Ensure the detention and removal of criminal aliens, gang members, violent offenders, and aggravated felons.
    • Ensure the prompt removal of illegal border-crossers regardless of country of origin.
    • Deter visa overstays with expedited removal.
    • Ensure synthetic drugs (fentanyl) are prevented from entering the country.
    • Institute immigration court reforms to improve efficiency and prevent fraud and abuse.

DACA LEGALIZATION: Provide legal status for DACA recipients and other DACA-eligible illegal immigrants, adjusting the time-frame to encompass a total population of approximately 1.8 million individuals.

  • 10-12 year path to citizenship, with requirements for work, education and good moral character.
  • Clear eligibility requirements to mitigate fraud.
  • Status is subject to revocation for criminal conduct or public safety and national security concerns, public charge, fraud, etc.

PROTECT THE NUCLEAR FAMILY: Protect the nuclear family by emphasizing close familial relationships.

  • Promote nuclear family migration by limiting family sponsorships to spouses and minor children only (for both Citizens and LPRs), ending extended-family chain migration.
  • Apply these changes prospectively, not retroactively, by processing the “backlog.”

ELIMINATE LOTTERY AND REPURPOSE VISAS: The Visa Lottery selects individuals at random to come to the United States without consideration of skills, merit or public safety.

  • This program is riddled with fraud and abuse and does not serve the national interest.
  • Eliminate lottery and reallocate the visas to reduce the family-based “backlog” and high-skilled employment “backlog.”

Follow the this link to see :  Framework On Immigration Reform Factsheet

Fiance Visas Under Attack

Fiancé Visas have been around for quite a while. Today, the fiancé visa process seems under fire.

On December 2, 2015, there was an attack by a married couple on a holiday party in California. The woman was a recent immigrant who entered the United States as a fiancé, married and became a Green Card holder. As the investigation has gone on it has unearthed information that seems to indicate that she likely entered the United States with bad intentions toward the United States.

Many, even presidential candidates, have spoken of harsh restrictions on entry into the United States. They have even spoken of restricting entry based on national origin or religion. Most recently, there had been talk of a pause in the fiancée process (see New York Times “U.S. Visa Process . . .” http://nyti.ms/1Z5d6tp ). Others have pointed out the popularity of the fiancé process (Politico “ ’ Fiancé visas’ off limits . . .“ http://www.politico.com/story/2015/12/congress-fiance-visa-republicans-marriage-216570 )

While the New York Times article speaks affirmatively about the review of the last 2 years of Fiancé Visas that have been issued, it spoke in ‘maybe’ terms about a pause. In my office, we have a fairly steady flow of fiancé cases. We have not seen any signs of them stopping or being all sent to “administrative processing.” I will post again, it a trend seems to be developing.

When Congress created Fiancé Visas it was to speed up the unification of couples that intended to marry and to lower the monetary cost of the process. My perception of the process is that in many ways it is identical to the process for an Immigrant Visa, where the spouse enters as a Permanent Resident with a Green Card. In most respects, the are treated as Immigrant Visas, as the Beneficiary is not expected to return to the home country – they immigrate.

For some couples, the fiancé process is substantially faster and works well. For other, it is more or less the same as the spouse IV process, but with substantial risk of having to re-do and change to a spouse visa. Young people without prior marriages, children or immigrations histories do well and usually transit the fiancé process quickly. Age, age differences, past marriages, immigration histories all add to processing time.

With a fiancé visa, if the Embassy says ‘no’ and sends the case back, there is virtually no chance of reviving that fiancé petition. While an approved fiancé visa past its validity dates can be revalidated by a Consular Officer, once it is returned to the USCIS service center, it is USCIS policy not to revalidate or reaffirm. Immigrant Visas for spouses do not expire the same way and can be reaffirmed by USCIS.

Usually when someone comes to my office, the decision to do fiancé or spouse is clear. Perhaps the weight will change with these new developments, perhaps it will not.

Tom