Visa Lawyer Blog

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Many readers inquire about Naturalization benefits for same sex couples filing for Immigration under the new changes. In a recent FAQ released by USCIS the following question was discussed:

Can same-sex marriages, like opposite-sex marriages, reduce the residence period required for naturalization?

Yes. As a general matter, naturalization requires five years of residence in the United States following admission as a lawful permanent resident. But, according to the immigration laws, naturalization is available after a required residence period of three years, if during that three year period you have been living in “marital union” with a U.S. citizen “spouse” and your spouse has been a United States citizen. For this purpose, same-sex marriages will be treated exactly the same as opposite-sex marriages.

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In the Republican-led House, the question is which of the nation’s 11 million undocumented immigrants can eventually qualify for U.S. citizenship.

Last month, the Senate voted 68-32 to allow most of the nation’s undocumented immigrants to eventually apply for U.S. citizenship. But as the House continues to slowly consider small pieces of immigration, one bill at a time, Republican leaders proposed allowing only undocumented immigrants brought to the country as children to become citizens.

As Rep. Bob Goodlatte, R-Va. reasoned in his statements, the children known as DREAMers after a failed bill in Congress designed to help them, had no say in the decision to immigrate to the U.S. and know no other home than the United States. He then qualified his position by saying it was irresponsible to provide an avenue to citizenship for their parents.

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As the immigration debate dragged on in the House of Representatives, Speaker John A. Boehner offered perhaps his most optimistic assessment yet when asked how member education efforts were going in the House for an overhaul of the nation’s immigration laws.

Mr. Boehner told reporters on Thursday. “I think it’s going pretty well. We had a great conversation last week. The more this issue is around, the more action there is in committee, the more information there is for the members to put their hands on. And, frankly, the American people are engaged in this issue as well.”

He added: “You know, it’s not just organizations that are up here lobbying for immigration reform. You got a lot of individuals, a lot of constituents, who have opinions on this, and all this serves to help educate our members.”

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This is a very important update from AILA. The deadline for submitting an

Application to Register Permanent Residence or Adjust Status (I- 485) for winners of the 2013 Diversity Visa (DV) lottery is fast approaching; an adjustment of status application must be approved or immigrant vis a issued by September 30, 2013.

With the decision of the U.S. Supreme Court in U.S. v. Windsor,570 U.S. 3196928 (2013), married same – sex couples are no longer barred from receiving federal

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Wouldn’t it be nice to enter the US visa Free. I just left Israel a few days ago, most Israelis complain about the harsh requirement to get a simple visa to enter the US. Now the debate is on if Israel should join the Visa Waiver Program.

The Visa Waiver Program (VWP) is a program of the United States Government which allows citizens of specific countries to travel to the United States for tourism or business for up to 90 days without having to obtain a visa. The program applies to the 50 U.S. states as well as the U.S. territories of Puerto Rico and the U.S. Virgin Islands in the Caribbean, with limited application to other U.S. territories. Most of the countries selected by the U.S. government to be in the program are high-income economies with a very high Human Development Index and are regarded as developed countries.

Israel’s entry into the 37-nation U.S. Visa Waiver Program is the most controversial element in a pair of broader U.S.-Israel bills dealing with everything from improving cybersecurity to enhancing economic cooperation. Rep. Ileana Ros-Lehtinen is hoping to get the House Foreign Affairs Committee’s approval before Congress’ August recess. A version by Sen. Barbara Boxer is picking up support in the Senate.

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Recently there has been an increase in denials for the Provisional Unlawful Presence Waiver based on the “Reason to Believe” standard that USCIS officers are implementing when adjudicating the case. To understand the importance of this new standard, there are a few facts to understand regarding the Provisional Hardship Waiver.

The Provisional Unlawful Presence Waiver was implemented so that those who were in the U.S. already and were seeking this waiver so they could legally adjust their status in the U.S. would not have to be separated from their family members for too long. In order to qualify for the Provisional Unlawful Presence Waiver, there are several eligibility requirements one must meet in order for it to be granted. These requirements are as follows:

– Be 17 years of age or older.

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As many of our readers know, Green Card holders can not confer immediate benefits on Spouses and Children under 21. There is a waiting period determined by the Visa Bulletin. But according to the August 2013 Bulletin, the F2A category (Spouses and Children of Permanent Residents), will become current.

What does that mean?

If you are a Permanent Resident (Green Card holder), and your spouse is currently legal in the United States, as of August 1, 2013 you could file for Adjustment of Status (I-485 Benefits). That will include an application for a Green Card, Work Authorization, as well as a travel permit. The work card will be issued in 60-90 days in most jurisdictions.

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In a recent news report, Former President George W. Bush made statements that threw his weight behind comprehensive immigration reform during an interview that aired Sunday on ABC’s “This Week,” saying it is “very important” Congress fixes a “broken” immigration system, and predicting that a comprehensive bill “has a chance to pass.”

In the interview, Bush’s thoughts were that “I think it’s very important to fix a broken system, to treat people with respect, and have confidence in our capacity to assimilate people.” He did not explicitly endorse a recently passed Senate immigration reform bill, only saying the legislative process can be “ugly,” but it appears as if Congress is “making progress.”

“It’s a very difficult bill to pass because there is a lot of moving parts,” he explained. “I understand sometimes you get legislation through that you want….But sometimes…it takes time for some of these complex issues to evolve. And looks like immigration, you know, has a chance to pass.”

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With the focus now shifted to the House to work on the immigration bill the Senate recently passed, it would seem like common sense that the situation for DREAMers would see some improvement since Obama instituted his own Dream Act. A recent look at the laws of some states clearly suggest otherwise.

One question came up once this policy was instituted was whether or not Dreamers should be able to apply for a driver’s license. Nearly every state has since reached the right conclusion, that Dreamers who now live here legally should be able to drive legally, too, as a straightforward matter of public safety and common sense. Some states have gone further to grant licenses to all qualified applicants regardless of immigration status. New Mexico and Washington already had such laws and were joined this year by Illinois, Oregon, Maryland, Vermont, Connecticut, Nevada and Colorado. California is considering doing the same. Utah issues a certificate to the undocumented that is valid for driving but not for identification. At least based on the actions of these states it appears that more states want to ensure that there are licensed drivers on the road that can be held accountable for anything that happens.

Arizona and Nebraska are two states that persist in keeping immigrants out of the driver’s seat, singling out Dreamers as ineligible for driver’s licenses. In Arizona, made infamous for its anti-immigrant laws, such action is all-but-official state policy. In Nebraska, Gov. Dave Heineman, said in a news release in August: “The State of Nebraska will continue its practice of not issuing driver’s licenses, welfare benefits or other public benefits to illegal immigrants unless specifically authorized by Nebraska statute.”

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As many Americans are about to celebrate 4th of July, we have to remember that many others among us who truly feel American, can not legally state they are one of us. Let us hope that by the end of this year we could allow many many good people among us to become legal and be proud to some day become Americans!!

Here is a post by Annaluisa Padilla from AILA that is so relevant as we celebrate July 4th, 2013:

This past week was truly a historic week for our nation. The Supreme Court ruled that section 3 of the Defense of Marriage Act (DOMA) was unconstitutional as its “demonstrated purpose is to ensure that if any State decides to recognize same-sex marriages, those unions will be treated as second-class marriages for purposes of federal law.”

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