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John Stahl

Update on Executive Action on Immigration

 

Nearly one year ago, President Obama announced his plan for executive action to provide administrative relief to certain individuals without immigration status currently in the United States on November 20, 2014. Initial details indicate that his plan will help long term undocumented parents of children who are U.S. citizens or permanent residents by giving them authorization to work legally and protecting them from deportation (or DAPA) in addition to expanding the existing deferred action program for childhood arrivals (DACA).

Please be advised that no one is eligible at this time and beware of any scams to apply for benefits immediately under this new program.

We continue to await a decision from the Court of Appeals for the 5th Circuit on the Administration’s executive action policies on immigration (DAPA and expanded DACA). Oral arguments were heard on July 10, 2015. Either side could choose to appeal the impending decision to the US Supreme Court, which means that possible expanded DACA and DAPA implementation may not occur until next year. Since DAPA and expanded DACA are administrative relief programs, the newly elected president could alter or remove the program entirely when they assume office in 2017.

As more information becomes available we will be posting on our website at www.eiic.org, Facebook page and Twitter stream.

 

 

Diversity Visa Lottery (DV-2017) Application Period Now Open

 

The annual diversity visa lottery registration and application period opened once again on October 1st through November 3rd for those who are eligible to apply for a green card to reside permanently in the United States. Applications will only be accepted online via the U.S. Department of State official website at www.dvlottery.state.gov.

In recent years there has been an increase in online scams promising green cards or quicker service for a fee.  EIIC’s Immigration Attorney and Director of Immigration Legal Services, John A. Stahl, Esq., urged those interested in applying to note, “There is no fee to apply and there is only one official website to register.” He advises individuals to ignore any email offers to help complete or expedite the application process.

Please call either of our offices if you need assistance with your application. The immigration legal services staff at the Center is once again appealing to potential applicants to apply early this year, cautioning that the official DV Lottery website can get frozen closer to the deadline of noon on Tuesday, November 3rd. Regretfully, we will be unable to accommodate last minute walk-ins during the final week of the DV Lottery registration period.

If you are a member of a local group or organization and would like our staff to speak to your group on the DV Lottery in October or on any immigration topic at a future meeting, please contact John A. Stahl, Esq., Director of Immigration Legal Services and Immigration Attorney at 718-478-5502, extension 201.

Check our website for additional information and upcoming public meeting dates at www.eiic.org

EIIC Immigration legal services staff has helped many apply who are currently in the United States on the visa waiver program or on a temporary work visa and are still in status. “The green card lottery is a yearly opportunity for qualified applicants who are legally in the United States or overseas to attain permanent resident status here with no strings attached”, according to EIIC’s Immigration Legal Services Director, John A. Stahl.

Each year, 50,000 green cards are made available through a lottery system to individuals who come from countries with low rates of immigration to the United States. The State Department’s Kentucky Consular Center holds the annual lottery and chooses winners randomly from about 8-10 million qualified entries. About 100,000 entries are selected and given the opportunity to apply for permanent residence. If permanent residence is granted, then the individual, their spouse and any unmarried children under the age of 21 will be authorized to live and work permanently in the United States. “The DV Lottery is one of the few ways that exist to apply for a green card. Despite the low allocation of green cards to Ireland, it is worth the effort, if you really do want a long term option to stay legally in America,” stated Siobhan Dennehy, EIIC’s Executive Director. “I equate the odds to playing the New York State Lottery as there are over 8 million applications from all over the world annually. Although you apply for the green card in 2015, you will not be notified about your application until 2016 and you won’t actually receive the green card itself until 2017, that’s why they call it the 2017 DV Lottery, which can be confusing.”

Only natives of certain countries are eligible to apply for the green card lottery. Those born in the following countries are NOT eligible to apply for the DV-2017 lottery because a total of more than 50,000 immigrants came from these countries to the U.S. in the previous five years: Bangladesh, Brazil, Canada, China (mainland-born), Colombia, Dominican Republic, Ecuador, El Salvador, Haiti, India, Jamaica, Mexico, Nigeria, Pakistan, Peru, Philippines, South Korea, United Kingdom and its dependent territories (except Northern Ireland) and Vietnam. Persons born in Hong Kong SAR, Macau SAR and Taiwan are eligible. An applicant may, however, claim the country of birth of their spouse, if eligible, or of either parent if they were born in a country of which neither of their parents was a native or a resident at the time of their birth.

All applicants also must have a high school diploma or the equivalent, defined in the United States as the successful completion of a 12-year course of elementary and secondary education or they must have two years of work experience within the last five years in an occupation that requires at least two years of training or experience to perform. Entries for the DV-2017 diversity visa lottery must be submitted electronically from noon on Thursday, October 1, 2015 through noon on Tuesday, November 3, 2015. Applicants may access the electronic diversity visa entry form at www.dvlottery.state.gov only during the 30-day registration period beginning October 1st. Paper entries will not be accepted. All entries by an applicant will be disqualified if more than one entry for the applicant is received, regardless of who submitted the entry. Applicants may prepare and submit their own entries, or have someone submit the entry for them. The Department of State will issue DV lottery entrants an electronic confirmation number and notice upon receipt of a correctly completed Electronic Diversity Visa Entry Form.

Applicants must also attach separate digital photographs of themselves, their spouses and unmarried children less than 21 years of age (except children who are already permanent residents or U.S. citizens). The photographs must be in the Joint Photographic Experts Group (JPEG) format and meet specific resolutions (minimum 600 pixels high by 600 pixels wide), color depths (24-bit color) and kilobytes (maximum 240 KB) requirements. If a photograph print is scanned, the print must be two inches square and be scanned at a resolution of 300 dots per inch (dpi) and with specific color depths. If the digital image does not conform to the specifications, the application will be automatically disqualified.

Applicants will be selected at random by computer from among all qualified entries. All applicants will be required to go back to the website to find out whether their entry has been selected in the DV-2017 lottery or to find out they have not been selected. Selectees will only be notified of their selection through the “entry status check” available starting May 3, 2016 at the website www.dvlottery.state.gov. The online entry status check will be the only means by which selectees will be notified of their selection for DV-2017. The Kentucky Consular Center will not be mailing out notification letters. Those selected in the random drawing are not notified of their selection by e-mail. Those individuals not selected will be notified of their non-selection through the web-based “entry status check.”

No fee is charged to enter the annual DV program. The U.S. Government employs no outside consultants or private services to operate the DV program. Any intermediaries or others who offer assistance to prepare submissions for applicants do so without the authority or consent of the U.S. Government. Use of any outside intermediary or assistance to prepare a DV entry is entirely at the applicant’s discretion. A qualified entry submitted electronically directly by an applicant has an equal chance of being selected by the computer at the Kentucky Consular Center as does an entry submitted electronically through a paid intermediary who completes the entry for the applicant.

The current immigration laws carry heavy penalties for visa overstays.  Those who have overstayed their visa by 6 months, face a 3 year bar upon their departure from the United States, if they have overstayed for one year or more, they are subject to a 10 year bar. Successful lottery applicants who are undocumented in the US must be processed for a visa at a US Consulate abroad under existing immigration laws. Departing the US will trigger the 3 or 10 year bars making them ineligible for a visa. Undocumented lottery winners with a relative petition or an employer labor certification pending before April 30, 2001, may be eligible to be interviewed in the United States under Section 245(i), provided they have not triggered the 3/10 year bars by leaving the US.

Inquiries may be made to the EIIC at their Woodside, Queens’s office at (718) 478-5502 or at their Woodlawn, Bronx office at (718) 324-3039 or on the EIIC website www.eiic.org.

The EIIC is a member of the Coalition of Irish Immigration Centers, for further information about Irish centers in the US providing free assistance with DV lottery applications please refer to their website at www.ciic.usa-org

Click on the link below for a one-page summary of the rules for DV-2017.

Dv2017 handout

Free Public Information Seminars on Tax, Immigration and Health Care

 

EIIC Tax Seminar 2015

 

President Obama’s recently announced executive actions on immigration emphasized accountability and the requirement to pay taxes on the part of undocumented immigrants living and working in the United States. Under current tax laws, all individuals residing and working in the United States are generally required to file income taxes. 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. Tax filings may be used as evidence of physical presence in the United States and also demonstrates good moral character and compliance with existing laws.

The filing of taxes is not currently a requirement to apply under President Obama’s deferred action programs for childhood arrivals (DACA) or parents of US citizen or permanent resident children (DAPA). However, it is likely that proof of taxes will be necessary to maintain and renew the work authorization under the deferred action programs. Prior taxes filed can also be used as evidence of continuous residence and physical presence in the United States which is required since January 1, 2010 under the new deferred action programs. Ultimately, tax filing will also most likely also be a requirement towards a path to citizenship under any new immigration legislation.

Most undocumented immigrants living and working in the United States are required to file an income tax return to report their U.S. earnings. For the most recent 2014 tax year, a single individual under 65 with no dependents must generally file a tax return if his or her income was $9,075 or more on their W-2 form(s) as a regular employee. Individuals who are independent contractors, including those who are self-employed and receive a 1099 form 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.

To file a tax return, individuals who are not eligible for a Social Security number must apply for and use an Individual Tax Identification Number (ITIN). An ITIN is a nine-digit number issued to people who are not authorized to work in the United States but need to report income. 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 tax return to get an ITIN for the first time. 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. The IRS recently changed the process and requirements to obtain an ITIN. Applicants must now present original identification documents to apply and the ITIN will expire if not used to file a tax return for five years. More information on the ITIN is available on the IRS website at http://www.irs.gov/Individuals/Individual-Taxpayer-Identification-Number-(ITIN).

The IRS does not 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.

“In preparation for any future legalization program it is in everyone’s best interest to file their taxes and report their income to show how long they have been living here and that they are able to support themselves and their families while paying their fair share,” according to John A. Stahl, Esq., Director of Immigration Legal Services at the Emerald Isle Immigration Center.

Lawful permanent residents, or green card holders, must also 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. To qualify for naturalization after only three years as a permanent resident, a citizenship applicants must show that they have been married and living together with their U.S. citizen spouse and have filed their last three years taxes as married. 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.

Under the Affordable Care Act, most people in the U.S. are required to have health insurance or pay a penalty beginning in 2014. People do not have to pay the penalty if they qualify for an exemption. Individuals with no immigration status, who cannot get insurance through the Marketplace are exempt from the mandate.

NOTE: THE EMERALD ISLE IMMIGRATION CENTER WILL BE HOSTING FREE PUBLIC INFORMATION SEMINARS AT OUR WOODLAWN AND WOODSIDE OFFICES ON THURSDAY, MARCH 19TH AND WEDNESDAY, MARCH 25TH, RESPECTIVELY, FROM 6-8pm.

OUR IMMIGRATION ATTORNEYS, IMMIGRATION COUNSELORS, HEALTH CARE NAVIGATORS AND PRIVATE ACCOUNTANTS WILL BE ATTENDING TO PROVIDE FREE UPDATES AND INFORMATION AND ANSWER QUESTIONS ON IMMIGRATION, HEALTH INSURANCE AND TAXES.

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

 

USCIS Queens office Closed Indefinitely

 

The U.S. Citizenship and Immigration Services Queens Office will no longer be located at 27-35 Jackson Avenue in Long Island City, due to office flooding.  USCIS has relocated all operations to our 26 Federal Plaza office in Manhattan.

 

Frequently Asked Questions (FAQ)

Where should customers who are generally served by the Queens office go now?

All interviews and Infopass appointments for customers usually served by the Queens office (generally, that would include residents of Queens and some residents of Brooklyn) are now being scheduled for our Manhattan office, 26 Federal Plaza, Room 8-100.

For the time being, all Queens correspondence, including Requests for Evidence (RFEs) for Queens cases, should be mailed to USCIS, 27-35 Jackson Ave, Long Island City, NY 11101

All biometrics (fingerprinting and photos) appointments that would usually be scheduled for the Queens Application Support Center (ASC) are now being scheduled for other local ASCs, as indicated on biometrics appointment notices.

How many employees were relocated to 26 Fed Plaza/elsewhere?

75 USCIS employees and contractors moved to 26 Federal Plaza in Manhattan and 4 moved to our Long Island office in Holtsville, Long Island.  Five ASC employees and contractors were relocated to the ASC in Jamaica, Queens.

Will USCIS have naturalization ceremonies in Queens?

All Queens cases are part of the Eastern District Court of New York, so Queens applicants are naturalized at the Eastern District Court in Brooklyn.  On occasion, USCIS and the courts host “special” ceremonies outside the court at important NY venues like the Rufus King House in Queens and we will continue to do so.

Will USCIS still be able to have a presence in the Queens community?

Definitely. USCIS-NY has an outstanding community relations officer who does community outreach (naturalization/ DACA info sessions for example) and she and other USCIS staff will continue to work with our Queens partners such as the Queens Public Library to continue to bring these services to the Queens community.

How many customers was the Queens office seeing per day (FO and ASC)?

The Queens office conducted about 150 interviews, 40 Infopass appointments, and about 250 ASC biometrics (fingerprinting and photos) appointments a day.

 

NYC USCIS offices closings announcement due to impending blizzard

 

The USCIS New York District is closing offices and postponing appointments due to the incoming blizzard.  All NY USCIS offices (including application support centers) will be closed at 1 pm today, January 26 and will remain closed tomorrow January 27th.   Offices are tentatively scheduled to re-open at 10 am on January 28, depending on weather conditions.  Appointments at the Long Island office for January 28 have been postponed.

Instructions for Applicants Scheduled for January 26 (after 1pm), January 27, and January 28 (before 10 am):

If you had an interview scheduled for the Manhattan Office (26 Federal Plaza) , your appointment will be automatically rescheduled for February  19 at the same time as originally indicated on your appointment notice.

If you had an interview scheduled for the Long Island Office, your appointment will be automatically rescheduled for January 30, at the same time as originally indicated on your appointment notice.

If you had an Infopass appointment at the Manhattan or Long Island offices, you may come in for your Infopass appointment any time after January 28.

If you had an appointment at a USCIS Application Support Center (ASC), your appointment will automatically be rescheduled and you a will receive a new appointment notice in the mail.

If you were scheduled to naturalize at the Eastern District Court in Brooklyn on January 27, your ceremony has been re-scheduled for February 3at 8:30 a.m.

If you were scheduled to naturalize at the Eastern District Court in Central Islip on January 27, your ceremony will be re-scheduled and you will be notified of the new date.

Instructions for Applicants Scheduled for January 28 at the Long Island Office:

If you had an Adjustment of Status (green card) interview scheduled, it will be automatically rescheduled for January 30, at the same time as originally indicated on your appointment notice.

If you had a Naturalization interview scheduled, it will be automatically rescheduled for February 20, at the same time as originally indicated on your appointment notice.

Please keep up-to-date on the status of USCIS offices by visiting this website: http://www.uscis.gov/about-us/uscis-office-closings