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John Stahl

Diversity Visa Lottery (DV-2013) Entry Status Check

The online registration for DV-2013 began October 4, 2011 and concluded on November 5, 2011. Entrants who completed online DV-2013 entries can check the status of their entries by returning to the website at http://www.dvlottery.state.gov on or after May 1, 2012 through September 30, 2013.

Even if you are not selected on May 1, 2012, you should keep your confirmation number until at least September 2013. The Department of State may select more DV-2013 entries on or around October 1, 2012.

Entry Status Check will be the ONLY means by which DV lottery winners/selectees will be notified of their selection for DV-2013. Additionally, Entry Status Check will provide you, the successful selectee, instructions on how to proceed with your application and notify you of the date and time of your immigrant visa appointment.

The Kentucky Consular Center no longer mails notification letters and does not use email to notify DV entrants of their selection in the DV program. Review the DV Program 2013 Instructions “Selection of Applicants” section, which provides detailed information about the DV process.

If you have been selected for further processing in the Diversity Visa program, after you receive instructions, you will need to demonstrate you are eligible for a diversity immigrant visa by successfully completing the next steps. When requested to do so by the Kentucky Consular Center, you will need to complete an immigrant visa application, submit required documents and forms, pay required fees, complete a medical examination, and then next be interviewed by a consular officer at the U.S. embassy or consulate to demonstrate you qualify for a diversity visa. Please note that the Kentucky Consular Center will provide application information online ONLY through the Entrant Status Check on the E-DV website www.dvlottery.state.gov.

It is expected that the next application period for the DV Lottery (DV-2014) will be between October and December this year. Official dates, rules and eligible countries should be announced by late September. For more information, go to the official US State Department website at www.dvlottery.state.gov. You may also contact our office in the early fall for more information and assistance to complete another application. Be aware that the application for the DV lottery is free and you do not need to pay any agency to enter.

USCIS Publishes Proposal for Stateside Provisional Unlawful Presence Waiver Process

 

On April 2nd, the USCIS published a proposed regulation to permit certain spouses & children of US citizens subject to the bars for unlawful presence and ineligible to adjust status within the United States to apply for an I-601 Provisional Waiver before traveling abroad for their immigrant visa interview.  See below and the following links to the USCIS website for more information. There is a 60 day comment period for the proposed regulation which ends on June 1st.

 

Proposed Provisional Unlawful Presence Waivers

Reminder: This proposed process is not in effect. To learn more, read this alert.

What USCIS Proposes

On March 30, 2012, U.S. Citizenship and Immigration Services (USCIS) posted a Notice of Proposed Rulemaking (NPRM) in the Federal Register requesting public comment on its plan to create an alternative process for certain immediate relatives of U.S. citizens to apply for and receive a provisional waiver of the unlawful presence ground of inadmissibility while still in the United States, if they can demonstrate that being separated from their U.S. citizen spouse or parent would cause that U.S. citizen relative extreme hardship. The goal of the proposed process change is to reduce the time that U.S. citizens are separated from their immediate relatives while those family members go through the consular process overseas to obtain an immigrant visa.

Why We Propose It

Currently, immediate relatives of U.S. citizens who have accrued a certain period of unlawful presence in the United States are barred from returning to the United States for as long as 3 or 10 years if they leave the country. Immediate relatives can obtain a waiver of the unlawful presence bar if they show that a U.S. citizen spouse or parent will experience extreme hardship if they are required to remain outside the United States. The immediate relative also would have to show that they warrant a favorable exercise of discretion.   But in order to obtain the waiver, these individuals must depart the United States and wait abroad while the waiver is processed.

Under the current process, therefore, U.S. citizens suffer unnecessarily long periods of separation while family members go through consular processing overseas to obtain an immigrant visa. The proposed process change lessens the length of separation by reducing inefficiencies in the current immigrant visa process. USCIS believes that this proposed change will streamline the immigrant visa process for immediate relatives whose only ground of inadmissibility is unlawful presence. USCIS plans to adjudicate the provisional waiver application in the United States before the immediate relative departs for his or her immigrant visa interview, which will reduce the length of time immediate relatives must spend abroad for consular processing.

What the Proposed Process Would Do

Under the proposed process, immediate relatives of U.S. citizens who would need a waiver of unlawful presence in order to obtain an immigrant visa could file a new Form I-601A, Application for Provisional Unlawful Presence Waiver, before leaving the United States to obtain an immigrant visa at a U.S. Embassy or Consulate abroad. All individuals eligible for this streamlined process are still required to depart the United States and must meet all legal requirements for issuance of an immigrant visa and admission to the United States.

An individual may seek a provisional unlawful presence waiver if he or she:

  • Is physically present in the United States;
  • Is at least 17 years of age;
  • Is the beneficiary of an approved immigrant visa petition (I-130) classifying him or her as an immediate relative of a U.S. citizen;
  • Is actively pursuing the immigrant visa process and has already paid the Department of State immigrant visa processing fee;
  • Is not subject to any other grounds of inadmissibility other than unlawful presence; and
  • Can demonstrate that the refusal of admission would result in extreme hardship to a U.S. citizen spouse or parent.

An immediate relative would not be eligible for the proposed process if he or she:

  • Has an application already pending with USCIS for adjustment of status to lawful permanent resident;
  • Is subject to a final order of removal or reinstatement of a prior removal order;
  • May be found inadmissible at the time of the consular interview for reasons other than unlawful presence; or
  • Has already been scheduled for an immigrant visa interview at a U.S. Embassy or Consulate abroad.

Allowing immediate relatives of U.S. citizens to receive provisional waivers in the United States before departure for their immigrant visa interview at a U.S. Embassy or Consulate means that:

  • Immigrant visa processing times will improve because of greater capacity in the United States and fewer case transfers between USCIS and the Department of State;
  • Immigrant visas will be issued without unnecessary delay (if the individual is otherwise eligible); and
  • The period of separation and hardship many U.S. citizens would face due to prolonged separation from their family members will be minimized.

Next Steps

This new process will be implemented only after USCIS publishes a final rule in the Federal Register with an effective date. USCIS will consider all comments received as part of the proposed rulemaking process before publishing the final rule. The current waiver process remains in place and will continue to remain for those who may not be eligible for a provisional waiver.

DO NOT file an application or request a provisional waiver at this time. Any applications filed with USCIS based on this NPRM will be rejected and the application package returned to the applicant, including any fees, until the final rule is issued and the change becomes effective.

For additional information, please see our I-601A Questions and Answers document, linked at the upper-right side of this page.

This page can be found at: http://www.uscis.gov/provisionalwaiver

 

Last updated: 03/30/2012

USCIS to Accept H-1B Petitions for Fiscal Year 2013, Beginning April 2, 2012

Petitioners are Reminded to Follow Regulatory Requirements

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced today that it will begin accepting H-1B petitions subject to the Fiscal Year (FY) 2013 cap on Monday April 2, 2012.  Cases will be considered accepted on the date that USCIS takes possession of a properly filed petition with the correct fee.  USCIS will not rely upon the date that the petition is postmarked.

The congressionally mandated numerical limitation on H-1B petitions for FY 2013 is 65,000.  Additionally, the first 20,000 H-1B petitions filed on behalf of individuals who have earned a U.S. master’s degree or higher are exempt from the fiscal year cap.

USCIS will monitor the number of petitions received and will notify the public of the date on which USCIS received the necessary number of petitions to meet the H-1B cap.  If the number of applications received exceeds the numerical cap, USCIS will randomly select the number of petitions required to reach the numerical limit from the pool of petitions received on the final receipt date.  USCIS will reject cap-subject petitions that are not selected, as well as those received after the final receipt date.

Petitions for new H-1B employment are exempt from the annual cap if the beneficiaries will work at institutions of higher education or related or affiliated nonprofit entities, nonprofit research organizations or governmental research organizations.  Petitions filed on behalf of beneficiaries who will work only in Guam or the Commonwealth of the Northern Mariana Islands are exempt from the cap until December 31, 2014.  Employers may continue to file petitions for these cap-exempt H-1B categories seeking work dates starting in FY 2012.

Petitions filed on behalf of current H-1B workers who have been counted previously against the cap also do not count towards the congressionally mandated H-1B cap.  Accordingly, USCIS will continue to process FY 2012 petitions filed to:

  • extend the amount of time a current H-1B worker may remain in the United States;
  • change the terms of employment for current H-1B workers;
  • allow current H-1B workers to change employers; or
  • allow current H-1B workers to work concurrently in a second H-1B position.

H-1B petitioners should follow all statutory and regulatory requirements as they prepare petitions to avoid delays in processing and requests for evidence.  USCIS has developed detailed information, including a processing worksheet, to assist in the completion and submission of FY 2013 H-1B petitions.

U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields, such as scientists, engineers, or computer programmers.

For more information on the H-1B nonimmigrant visa program and current Form I-129 processing times, visit www.uscis.gov or call the National Customer Service Center at (800) 375-5283.

Petitioning Cuomo, at City Hall, to get involved in the Dream Act in Albany

Petitioning Cuomo, at City Hall, to get involved in the Dream Act in Albany

Capital New York.

BY ELIZABETH GONZALEZ 1:06 pm Mar. 21, 2012

Against a backdrop of more than 50 students holding banners and chanting “si se puede” on the steps of City Hall at high noon on Tuesday, council members and immigration advocates took turns demanding passage of the so-called New York State Dream Act, a proposal on which Governor Andrew Cuomo has yet to take a position.

The legislation would give undocumented young immigrants access to tuition aid, and Cuomo’s support is crucial if the bill is to get through Albany. But the governor has kept his distance so far, possibly out of concern that support for it could adversely affect a bid for president in 2016.

Participants in the event included Council speaker Christine Quinn and Councilmen Ydanis Rodriguez and Daniel Dromm. Most of them appealed to the governor directly, urging him to include the act in the state budget.

“It makes economic sense,” Councilwoman Gale Brewer. “It makes student sense. It makes all kinds of sense.”

“Governor Cuomo, we were so proud of you with what you did with gay marriage last year,” said Jose Calderon, of the Hispanic Federation. “Do the same thing you did for the gay community, for the immigrant community.”

An hour after the rally, a portion of the same crowd filed into a committee room at 250 Broadway, where a joint hearing of the Council’s committees on immigration and higher education pursued the subject further, calling for a “New York Dream Fund” to accompany the act.

“New York has always been a leader in immigration law,” said Quinn. “We must continue to be.”

While Dream acts have been passed in California and Texas, and a fund created in Illinois, New York State’s immigration population arguably stands to benefit the most from passage of such a bill.

Of the nearly 1.8 million young undocumented immigrants in the United States, 400,000 of them could benefit from a New York Dream Act, according to Emerald Isle Immigration Center, an organization that advocates for the legislation.

According to the EIIC, workers in New York with a bachelor’s degree earn a median income of $25,000 more than those with only a high school diploma.

(See EIIC written testimony in support of NY DREAM Act and Fund)

Ydanis Rodriguez, chair of the Council’s higher education committee, said it’s vital to provide tuition help to give the immigrant population a chance to enter the middle class.

Katherine Tabares, who spoke at the rally and at the committee hearing, called the legislation “investment in intellectual capital.”

“The money you spend now will be returned,” she said.

Tabares, 16, emigrated from Colombia two years ago and is now a senior and president of her class at International High School at La Guardia Community College, with a 3.9 grade-point average and hopes of a career in environmental engineering.

“With the G.P.A. that you have, there shouldn’t be any obstacle,” said chairman Ydanis Rodriguez, standing up and addressing Tabares along with three other students who testified.

“You will graduate from college,” Rodriguez said, pointing at the students. “You are a role model.”

EIIC written testimony in support of NY DREAM Act and Fund

Free Public Immigration/Tax Seminars March 15, 2012

April 17, 2012 Tax Deadline

THE EIIC WILL BE HOSTING FREE PUBLIC INFORMATION SEMINARS AT OUR WOODSIDE AND WOODLAWN OFFICES ON WEDNESDAY, MARCH 14th  AND THURSDAY, MARCH 15th , RESPECTIVELY, FROM 6-8pm.

OUR IMMIGRATION ATTORNEY, IMMIGRATION COUNSELOR AND PRIVATE ACCOUNTANTS WILL BE ATTENDING TO PROVIDE UPDATES AND INFORMATION AND ANSWER QUESTIONS ON GENERAL IMMIGRATION AND TAXES.

FOR FURTHER DETAILS PLEASE CALL THE WOODLAWN OFFICE AT 718-324-3039 OR THE WOODSIDE OFFICE AT 718-478-5502.

Download as PDF: Public Information Seminar Queens 2012

Download as PDF: Public Information Seminar Bronx 2012

All immigrants residing and working in the United States are generally required by law to file income taxes every year, which are due around mid-April. Besides the legal requirement, there are other good reasons to file income tax returns, including eligibility for citizenship and other immigration benefits and potential tax refunds, credits or exemptions.

Lawful permanent residents, or green card holders, must demonstrate that they have complied with the tax laws to apply for US citizenship and to maintain their permanent resident status. To become an American citizen, they will have to show evidence that they have filed taxes during the five years prior to their application for naturalization or proof that they were not required to file a tax return. Failure to file a required tax return may be considered an act of bad moral character which is a temporary bar to attaining U.S. citizenship.

The U.S. Supreme Court recently ruled that a legal resident who makes a false statement on a tax return could not only face tax charges but also automatic deportation. The Court found that a criminal tax violation involving fraud or deceit against the government for more than $10,000 is considered an “aggravated felony” under immigration law. An “aggravated felony” under immigration law  makes a legal permanent resident deportable. This ruling sends a warning to legal immigrants, especially small business owners. For instance, legal immigrants could be deported for failing to report foreign bank accounts as required by the IRS.

Undocumented immigrants living and working in the United States are also required to file an income tax return to report their US earnings. They must apply for and use an Individual Tax Identification Number (ITIN) in place of a Social Security number to file a tax return and report income. An ITIN is a nine-digit number issued to people who are not eligible for a Social Security number. It does not authorize someone to work in the United States. An ITIN is used only for record keeping purposes and for filing taxes. One must complete a W-7 form and file it with their first tax return to get an individual tax identification number. Afterwards, the ITIN may be used to file future returns and also for opening a bank account, taking out a mortgage or for other financial transactions.

For the 2011 tax year, a single individual under 65 must generally file a tax return if his or her income was above $9,500 as a regular employee with no dependents. Individuals who are independent contractors, including those who are self-employed or whose employer does not report their income to the IRS, are required to file a tax return if they earned more than $400 last year. Those who do file a tax return may be eligible for a tax refund if taxes have already been deducted from their salary, may be eligible to claim the Child Tax Credit or exemptions for dependents.

The IRS does not currently share any information from taxpayers with other government agencies due to privacy provisions in the tax laws. It is also not in the IRS’s tax collection interest to disclose any information to the immigration authorities, since it will discourage those who are undocumented from filing tax returns.

It is in the best interest of undocumented immigrants to file their taxes in anticipation of a legalization program or other immigration reform. Tax filing may be used as evidence of physical presence in the United States and also demonstrates good moral character. Each may be a requirement towards a path to citizenship under new legislation.