Tuesday, August 21, 2012

What Deferred Action Means for Our Nation's Undocumented Young people?

Even before the deferred action policy was implemented, thousands of undocumented immigrants were trying to gather information about the process. They are happy about the implementation of the process and the forms that are made available by the USCIS. Form I-821D, is the form that must be filed by an applicant who is eligible to receive deferred action. This process has provided hope and the undocumented immigrants who are in deportation proceedings are waiting to see if they could get a chance to stay back in America.

Deferred action process is considered to be important, because this process will defer the deportation of eligible immigrants and will permit them to work and stay in the United States, for two more years and it may be renewed at the end of the two-year period. Undocumented immigrants who seek lawful status in the United States are happy about the process and are willing to undergo all the paper work and pay the required fees. This shows that they are so keen in remaining in the country. Though this process does not grant lawful status to the undocumented immigrants, it grants them employment authorization so that they may work in the United States legally, if they are granted deferred action.

Students who are in deportation proceedings or with a final removal order, if granted deferred action need not leave the United States and they may continue their studies, in the United States. Thousands of dreamers are awaiting to get help in order to apply for deferred action. USCIS has already instructed the eligible applicants to mail their applications to one of the four USCIS offices around the country. USCIS has said that more personnel may be hired to process the I-821D applications.

Many undocumented immigrants who had entered the United States as children are now in schools or high schools and they all are rushing to file applications to request deferred action. Though this is only a temporary relief, eligible undocumented immigrants consider this to be a great relief. Many of them who were smuggled to the United States at a very young age, are now in schools and some are graduated and employed. Some of them say that the deferred action process is the only chance for them to remain in the United States. Similarly they are also worried whether the details that they provide will put their families at the risk of deportation.

Most of the eligible undocumented immigrants are collecting papers that are necessary to prove their eligibility to receive deferred action. Though they are in the United States as undocumented immigrants, they have their roots in the United States and they had been residing in the United States for a long time and they do not want to leave the country. They also say that they do not know about their native countries. Hence, this deferred action process means a lot to them, as they feel that this is a chance given to them by the country to remain there, at least for a two-year period. As this process will grant them work authorization along with deferred action, almost all the eligible undocumented immigrants are in the process of obtaining and filing Form I-821D, Consideration of Deferred Action for Childhood Arrivals, Form I-765, Application for Employment Authorization and Form I-765WS, Form I-765 Worksheet.

Monday, August 6, 2012

How To Petition The Immigrating Spouse of U.S. Citizen?

If you are the spouse of a US citizen, you may immigrate to the United States through family based immigration. To immigrate to the United States, you must be sponsored by your US citizen spouse. Your spouse who is a US citizen, must file the USCIS Form I-30, Petition for Alien Relative, in order to sponsor an immigrant visa with which you may enter the United States. In order to be eligible for a marriage visa, you must prove that you are a legally wedded husband or a wife of the US Citizen. With a marriage visa, the foreign spouse of a US citizen or a lawful permanent resident may immigrate to the United States.

The spouse of a US citizen is considered to be an immediate relative and there is no annual limit in the numbers visas issued to immediate relatives of US citizens. If the foreign spouse of the US citizen is already in the United States in some other non-immigrant category, the foreign spouse may adjust status to permanent resident status by filing Form I-485, Application to Adjust Status to Permanent resident, at the same time while the US citizen spouse files Form I-130, Petition for Alien relative. Through adjustment of status, the foreign spouse who is in the United States as a non-immigrant, may become a permanent resident.

If the US citizen wishes to sponsor an immigrant visa for a spouse who is abroad, the US citizen may first file Form I-130, for the foreign spouse. After approval of the petition, USCIS will work with the US Consulate or Embassy, in the country where the foreign spouse lives. After the process is complete and after filling the necessary forms, the foreign spouse must apply for an immigrant visa at the US Embassy or Consulate, in the country where she lives. On obtaining an immigrant visa, the foreign spouse may enter the United States with that visa and she may become a permanent resident.

Filing Form I-130

As a US citizen, while you file Form I-130, you must submit certain other documents as supporting evidence. You must submit copies of documents such as your US passport in order to prove that you are a US citizen. To establish your relationship with your foreign spouse and to prove that your marriage is genuine, you must submit copies of your marriage certificate. You may be required to provide copies of certain other documents to establish that your marital status is authentic. You must also make all efforts to prove that you had not entered into the marriage just for immigration purposes.

Fill out the form completely, without missing or concealing any important information. As the form consists of three parts make sure that you mention the relationship between you and the beneficiary in the Section A, details about yourself such as your name, address and date of birth in Section B and the details about the beneficiary in Section C. You must also complete and sign Form I-864, Affidavit of Support, to demonstrate that you will accept the legal responsibility to financially support your spouse for whom you sponsor an immigrant visa to immigrate to the United States. An affidavit of support is required to show that the foreign spouse who is seeking a marriage visa to immigrate to the United States has enough financial support and that the spouse may not become a public charge.