CoxEsq, PC - St Louis Immigration Law

Extreme Vetting is Here

According to a Reuters report, the Trump administration has rolled out a new questionnaire (see below) for U.S. visa applicants that asks for all prior passport numbers; five years' worth of social media handles, email addresses and phone numbers; and 15 years of biographical information including addresses, employment and travel history. Officials will request the additional information when they determine "that such information is required to confirm identity or conduct more rigorous national security vetting," a DOS official said. 

The Department proposes requesting the following information, if not already included in an application, from a subset of visa applicants worldwide, in order to more rigorously evaluate applicants for terrorism or other national security-related visa ineligibilities:

• Travel history during the last fifteen years, including source of funding for travel;
• Address history during the last fifteen years;
• Employment history during the last fifteen years;
• All passport numbers and country of issuance held by the applicant;
• Names and dates of birth for all siblings;
• Name and dates of birth for all children;
• Names and dates of birth for all current and former spouses, or civil or domestic partners;
• Social media platforms and identifiers, also known as handles, used during the last five years; and
• Phone numbers and email addresses used during the last five years.

Most of this information is already collected on visa applications but for a shorter time period, e.g. five years rather than fifteen years. Requests for names and dates of birth of siblings and, for some applicants, children are new. The request for social media identifiers and associated platforms is new for the Department of State, although it is already collected on a voluntary basis by the Department of Homeland Security (DHS) for certain individuals. Regarding travel history, applicants may be requested to provide details of their international or domestic (within their country of nationality) travel, if it appears to the consular officer that the applicant has been in an area while the area was under the operational control of a terrorist organization as defined in section 212(a)(3)(B)(vi) of the Immigration and Nationality Act, 8 U.S.C. 1182(a)(3)(B)(vi). Applicants may be asked to recount or explain the details of their travel, and when possible, provide supporting documentation.

US Election Triggers Spike in Activity for Immigration Lawyers

Surprised as so many others were by the outcome of last week's US presidential election, those interested in immigration benefits have suddenly found they have no choice but to act now to seek benefits they may be eligible for.  Newly elected presidents from both parties have a history of acting on immigration early into their first terms.  For example, George W. Bush pushed for and signed the LIFE Act which allowed many undocumented immigrants an opportunity to gain legal status if they had been in the US for a certain period of time and had already filed for limited immigration benefits in the past that prior to the Act would not have offered a path to legalization.  President Obama tried and failed to get comprehensive immigration reform passed.  The Senate approved a comprehensive bill that the House of Representatives refused to even consider.  Thus, many immigrants and their families, including undocumented individuals, were waiting to take any action--waiting to see if Democratic candidate Hillary Clinton would be elected, and to see if the makeup of Congress would change the dynamics of immigration reform.  Everyone hoping for reasoned solutions to what all agree is an untenable situation.

The election results certainly did change the dynamics of immigration reform.  At this point, no one taking power in January is talking about reforming the law to advance legal immigration.  Virtually all of President-elect Trump's rhetoric has been focused on enforcement or restrictions on immigration (such as the "extreme vetting" of those from countries that have connections to terrorism).  In this light, many affected by immigration policy are afraid.  This atmosphere of fear is driving many to take action.  Family members of US citizens are coming forward in droves to pursue existing paths toward regularizing their status, while others, like long-time permanent residents, are deciding now is the time to apply for citizenship.

Immigration is a funny thing.  Regardless of the outcome of the election, immigration business was likely to boom.  The only question was would it boom in the direction of increased legal immigration or would it boom in the direction of a crackdown.  With the latter virtually inevitable, people are no longer waiting for a better option--they know nothing better will be coming along for a long time.  Even though many do have legal paths toward regularizing their status; millions of others do not.  They are the most vulnerable at this point.

Many current benefits (mostly those based on Executive Orders signed by President Obama) are likely to go away soon after President Trump takes office.  One such example is the Deferred Action for Childhood Arrivals or DACA program.  When the DREAMERS Act failed to pass, this was the solution offered by President Obama for the children of those whose parents brought them to the US when they were very young and had no choice in the matter.  The program has allowed many such children to get work permits, driver's licenses, open bank accounts, and attend school.  This may all change if President Trump carries through with his promise to rescind all of the President Obama's executive orders.

If you or someone you know is in need of regularizing their status or just getting solid advice at this turbulent time, contact an experienced immigration lawyer now. 

Immigration Service to Raise Filing Fees

The U.S. Citizenship and Immigration Services recently announced that it is adjusting the fees required for most immigration applications and petitions. The new fees will be effective Dec. 23.

USCIS is almost entirely funded by the fees paid by applicants and petitioners for immigration benefits. The law requires USCIS to conduct fee reviews every two years to determine the funding levels necessary to administer the nation’s immigration laws, process benefit requests and provide the infrastructure needed to support those activities.

Fees will increase for the first time in six years, by a weighted average of 21 percent for most applications and petitions.   The USCIS claims this increase is necessary to recover the full cost of services provided by USCIS.

Applications and petitions postmarked or filed on or after Dec. 23 must include the new fees or USCIS will not be able to accept them.

"This is our first fee increase since November 2010, and we sincerely appreciate the valuable public input we received as we prepared this final rule," said USCIS Director León Rodríguez. "We are mindful of the effect fee increases have on many of the customers we serve. That’s why we decided against raising fees as recommended after the fiscal year 2012 and 2014 fee reviews.  However, as an agency dependent upon users’ fees to operate, these changes are now necessary to ensure we can continue to serve our customers effectively.  We will also offer a reduced filing fee for certain naturalization applicants with limited means."

Changes in the new fee schedule can be found here. Highlights follow:

•   A modest fee increase of $45, or 8 percent, from $595 to $640 for Form N-400, Application for Naturalization.

◦                      USCIS will offer a reduced filing fee of $320 for naturalization applicants with family incomes greater than 150 percent and not more than 200 percent of the Federal Poverty Guidelines. For 2016, this means, for example, that a household of four with an income between $36,000 and $48,600 per year could pay the reduced fee. Those eligible may apply for this option using the new Form I-942, Request for Reduced Fee.

•   The fee for Form N-600, Application for Certificate of Citizenship, and N-600K, Application for Citizenship and Issuance of Certificate Under Section 322, will increase from $550 or 600 to $1,170.

Missouri Colleges Violating Students' Constitutional Rights

Missouri is home to thousands of “Dreamers”—immigrants brought to the US as children.  Since 2012, many have been granted work authorization and permission to remain in the US under the DACA (Deferred Action for Childhood Arrivals) initiative.

On July 1, 2015, several public college systems in Missouri began issuing letters to students with DACA requiring them to pay out-of-state or international tuition rates and disqualifying them from institutional scholarships. They are saying the budget bill requires them to do this, but their position violates the Missouri constitution.  Missouri lawmakers were, to be clear, motivated by anti-immigrant sentiment, intending to put a university education out-of-reach of most of these newly documented students--most who have no known memory of living anywhere other than here in the US. Tuition is increasing by three fold this fall.  We need to act now and respond to this senseless discrimination.

Here is a link to a fact sheet describing the details of the state's action and how some colleges and universities have responded: http://bit.ly/1HqPLb2 

Several local immigrant rights organizations are leading the way.  If you want to get involved, or if you are a student affected by these actions needing help transferring schools, contact one of the following organizations:

            www.immpros.org                       www.Facebook.com/KSMODA                     www.mira-mo.org    

Federal Judge Stops Administration from Implementing Some Immigration Changes

A federal district court in Texas granted a preliminary injunction temporarily blocking the implementation of Deferred Action for Parents of Americans and Lawful permanent Residents (DAPA) and the expansion of Deferred Action for Childhood Arrivals (DACA) in a lawsuit brought by 26 states. (State of Texas, et al v. U.S.A, 2/16/15).  The Department of Homeland Security (DHS), which was set to begin receiving applications for the two new programs implemented by executive order last year, has said it disagrees with the judge's decision and has asked the Department of Justice to appeal the decision.  In the mean time, the Secretary of DHS issued the following statement:

The Department of Homeland Security will not begin accepting requests for the expansion of DACA tomorrow, February 18, as originally planned. Until further notice, we will also suspend the plan to accept requests for DAPA. 

The Department of Justice, legal scholars, immigration experts and even other courts have said that our actions are well within our legal authority. Our actions will also benefit the economy and promote law enforcement. We fully expect to ultimately prevail in the courts, and we will be prepared to implement DAPA and expanded DACA once we do.

It is important to emphasize what the District Court’s order does not affect.

The Court’s order does not affect the existing DACA. Individuals may continue to come forward and request initial grant of DACA or renewal of DACA pursuant to the guidelines established in 2012. 

Nor does the Court’s order affect this Department’s ability to set and implement enforcement priorities. The priorities established in my November 20, 2014 memorandum entitled “Policies for the Apprehension, Detention and Removal of Undocumented Immigrants” remain in full force and effect. Pursuant to those enforcement priorities, we continue to prioritize public safety, national security, and border security. I am pleased that an increasing percentage of removals each year are of those convicted of crimes.  I am also pleased that, due in large part to our investments in and prioritization of border security, apprehensions at the southern border – a large indicator of total attempts to cross the border illegally -- are now at the lowest levels in years.

Mexican Consulates in US Change Policy on Birth Certificates

Starting January 15th, 2015, the consulates of Mexico in the United States will issue copies of birth certificates registered in Mexico. To obtain their certified copies, Mexican nationals should visit the nearest consulate, present an official proof of identity, fill out an application and provide their Clave Única de Registro de Población (CURP) in case they have one. The cost of each certified copy will be $13.00 dollars. The issuance of certified copies does not carry any additional costs. Be aware of abuses and scams. Nobody can charge additional fees for this service. Those interested in obtaining a certified copy of their birth certificate can get more information in the free application for smartphones and mobile devices MiConsulmex or at the toll free number Centro de Información y Asistencia a Mexicanos (CIAM): 1-855-463-6395. Mexican consulates will continue offering protection and consular assistance to Mexicans regardless of their immigration status.  This move comes at a critical time when many Mexican citizens will need documentation like copies of birth certificates in order to take advantage of new benefits under Executive Action announced by the United States last year.

USCIS Announces Start of Expanded DACA starting Feb 18, 2015

The USCIS has announced when it will begin implementing the expanded Deferred Action for Childhood Arrivals (DACA) program.  

Who is Eligible?  Individuals with no lawful immigration status who are seeking initial or renewal DACA.

What is Expanded DACA?   It extends the deferred action period and employment authorization to three years from two years, and allows you to be considered for DACA if you:

◦ Entered the United States before the age of 16;

◦ Have lived in the United States continuously since at least January 1, 2010, rather than the prior requirement of June 15, 2007;

◦ Are of any age (removes the requirement to have been born prior to June 15, 1981); and

◦ Meet all the other DACA guidelines.

When can I Apply? February 18, 2015 (USCIS will not accept requests for expanded DACA before that date.)

Contact Attorney David Cox (This email address is being protected from spambots. You need JavaScript enabled to view it.) if you would like professional assistance in applying for this expanded benefit.

Not everyone is protected by upcoming Executive Actions - Be Aware of Fraud

President Obama Announces Executive Action on Immigration

President Obama announced he will be taking executive action to address a vast array of immigration issues that Congress has been unable to address.  Here are the elements of the Administration's announcement on immigration executive actions, also known as the President's Immigration Accountability Executive Actions. Details (and memos) are still being finalized, and will be released in the coming hours, days, weeks, and months.  Stay tuned here for more details as they become available.

Enforcement Priorities
Many of the existing ICE memos on enforcement priorities and prosecutorial discretion will be replaced by a new memo with three priorities: (1) Suspected terrorists, convicted felons (including aggravated felonies), convicted gang members, and persons apprehended on the border; (2) Persons convicted of serious or multiple misdemeanors and very recent border crossers (those who entered after January 1, 2014); and (3) Those who, after January 1, 2014, failed to leave under a removal order or returned after removal. The memo will contain strong language on the use of prosecutorial discretion.

Deferred Action Benefiting Approximately 4.4 Million Undocumented Individuals
Two deferred action initiatives will be rolled out that are estimated to benefit 4.4 million undocumented individuals: (1) Deferred Action for Parents (DAP): Parents of U.S. citizens and lawful permanent residents (of any age) who have been continuously present since January 1, 2010, and who pass background checks and pay back taxes; and (2) DACA Expansion: The age cap on DACA will be removed and the date when continuous presence must have started will be changed from June 15, 2007 to January 1, 2010. Both of these initiatives will provide deferred action for three years. The expanded DACA should be up and running in 90 days and deferred action for parents in 180 days. Note: no initiative specifically for parents of DACA recipients was included.

I-601A Waiver Expansion 
The I-601A provisional waiver will be expanded to include spouses and children of lawful permanent residents. An expansion and clarification of the definition of "extreme hardship" is also expected.

Timing of Filing for Adjustment of Status
The ability of individuals with an approved employment-based immigrant petition who are caught in the quota backlogs to file for adjustment of status will be advanced to permit them to obtain the benefits of a pending adjustment. This is expected to impact about 410,000 people. This will be done by regulation.

Business Immigration Changes 
A number of business immigration improvements are to be announced. For example, certain investors will be eligible for parole into the U.S., or for parole-in-place, and national interest waivers could be available for entrepreneurs, researchers, inventors, and founders. Also, the term "same or similar" for AC-21 purposes will be clarified, L-1B guidance will be released, the H-4 EAD regulation will be finalized, and the length of time permitted on OPT for STEM graduates will be expanded. Additionally, the rule making process will be undertaken to modernize the PERM labor certification program and may include a harmless error provision.

Visa Modernization
There will be a Presidential Memorandum directing the various immigration-related agencies to look at modernizing the visa system, with a view to making optimal use of the numbers of visas available under law. Issues such as whether derivatives should be counted towards the visa quota and whether past unused visa numbers can be recaptured are expected to be included in this effort.

State and Local
Secure Communities will be discontinued and replaced with a new initiative, the Priority Enforcement Program (PEP). Details are still forthcoming on what PEP will entail, but in certain circumstances, detainers may be replaced by requests for notification to ICE when a law enforcement entity is about to release an individual.

Parole-in-Place 
Parole-in-place will be expanded to include families of individuals trying to enlist in the armed forces, as some branches of the military ban applicants who have undocumented family members.

Strangers in a Strange Land: Obama's Immigration Action

Tonight, President Obama announced executive action that should regularize nearly five million undocumented residents in the United States.  Anticipating a political firestorm in response, President Obama tapped into his once renowned rhetorical skills to appeal to Americans' sense of connection to their immigrant forbearers.  Here's how he concluded his landmark speech:

Are we a nation that kicks out a striving, hopeful immigrant like Astrid – or are we a nation that finds a way to welcome her in?

Scripture tells us that we shall not oppress a stranger, for we know the heart of a stranger – we were strangers once, too.

My fellow Americans, we are and always will be a nation of immigrants. We were strangers once, too. And whether our forebears were strangers who crossed the Atlantic, or the Pacific, or the Rio Grande, we are here only because this country welcomed them in, and taught them that to be an American is about something more than what we look like, or what our last names are, or how we worship. What makes us Americans is our shared commitment to an ideal – that all of us are created equal, and all of us have the chance to make of our lives what we will.

That’s the country our parents and grandparents and generations before them built for us. That’s the tradition we must uphold. That’s the legacy we must leave for those who are yet to come.

Contact us for more information about the reforms the President announced today.