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A child born abroad may be able to show automatic acquisition of U.S. citizenship through a U.S. citizen parent or grandparent
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RESTAURANT OF
THE MONTH
194 SE 1st Ave. Miami, FL 33131 (305) 358-7800 |
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Greetings!     
We hope you have had a wonderful end to 2011 and a fantastic start to the new year.
Our January 2012 newsletter includes articles on a new proposed rule by the Obama Administration that would enable many waiver applicants to remain in the U.S., an update on the Obama administration's prosecutorial discretion policy, the rise of visa applications in China and Brazil, and the USCIS effort to improve the RFE process for L-1 Multinational Executives and Managers.
This issue also includes our monthly Visa Bulletin update and Restaurant of the Month, El Cartel, serving Colombian food that gives "cartel" an entirely new meaning.
Enjoy!
The Ratzanlaw Team
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USCIS Rule Would Permit Waiver Applicants to Remain in the U.S.
U.S. Citizenship and Immigration Services (USCIS) has proposed a change to the way spouses and children of U.S. citizens receive legal residency that would alleviate the problem of separating families and possibly bring thousands of people out of the shadows.
Currently, if a U.S. citizen has immigrant family that is undocumented and wishes to acquire legal residency status, the immigrant must return to his or her home country and apply for a waiver of unlawful presence. The unlawful presence waiver is submitted on Form I-601.
However, if the undocumented spouse or child leaves the country then they are barred from returning to the U.S. for three to ten years, depending on how many days the undocumented immigrant was unlawfully present. Therefore, under current procedures, if the undocumented immigrant leaves the U.S. to apply for a waiver and the waiver is denied, then they would be separated from their family for many years.
USCIS's proposed rule change would eliminate the need for the immigrant to return to his or her home country. Instead, the immigrant can apply for the waiver and stay in the U.S. If the waiver is approved then they would return to their home country to apply for a visa, knowing they will likely be admitted to the U.S. as permanent residents without much delay.
The rule would apply only to immediate relatives of U.S. citizens seeking waivers for unlawful presence. Immediate relatives include ... click here to read more.
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One in Six Deportation Cases Closed After Test of New Prosecutorial Discretion Policy
After its initial test run of prosecutorial discretion in Denver, Immigration and Customs Enforcement (ICE) classified every one out of 6 cases as low priority, which will cause the case to be administratively closed, and allow the immigrant to stay in the country. The Department of Homeland Security (DHS) will soon apply prosecutorial discretion to the 300,000 deportation cases across the nation. A review ordered by the Obama administration of virtually all 7,900 deportation cases before Denver Immigration Court court has determined that 1,300 immigrants facing deportation - 16 percent - were not a security threat and should have their cases closed. When applied to the entire country as many as 39,000 immigrants are expected to see their deportation cases closed and will be allowed to remain in the U.S. "It makes us feel good to know that some of these low-priority cases will be placed at the back burner," said Corina Almeida, chief counsel for ICE in Denver, to The New York Times. "These cases free up others to move to the front of the line: the egregious offenders, those who thumb their noses at the system or commit fraud." However, some feel that having the cases closed is not enough because ... click here to read more.
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Restaurant of the Month: El Cartel
The name may evoke images of Pablo Escobar and the famous drug-trafficking organizations in Medellin or Cali. Like it or not, "El Cartel" certainly brings Colombia to mind. But the Colombian experience you will have here simply relates to the food. And the food does not disappoint.
The restaurant, located in downtown Miami, serves the classic Bandeja Paisa, which includes everything under the sun (i.e., steak, chorizo, blood pie, rice, beans, fried egg, and, of course, pork skin or "chicharron"). The picada similarly contains many items, including chopped pork loin, chopped chicken more chicharron, sausage, blood pie, potatoes, and green plantains. Man, Colombians like to eat!
Other standard Colombian dishes at El Cartel include the sancocho (traditional Colombian steak soup with rice) and the Chuleta Calena (breaded pork loin), and empanadas. Also, Colombians love their elaborate hot dogs as evidenced by the multiple Colombian hot dog joints throughout Miami. El Cartel satisfies the hot dog appetite with its own hot dogs smothered in condiments and other toppings. In addition to your typical Colombian fare, El Cartel serves delicious steak, chicken, hamburgers, and many other items that are more familiar to the American palate. To wash down the food, get "tropical" and order a typical Colombian natural juice, such as "jugo de lulo" (a sweet and sour Colombian fruit) or "jugo de mora" (blackberry). El Cartel is located at 194 SE 1st Avenue in downtown Miami, where it offers delivery service.
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In China and Brazil, Visa Applications Rise While Wait Times Decrease
According to the State Department, visa applications in China and Brazil have risen 50 percent in the first quarter of 2012 compared to last year while the wait times for visa interviews have decreased in both countries.
In the first quarter of fiscal year (FY) 2011, U.S. consular officers in China adjudicated 175,000 visas. However, in the first quarter of FY 2012 (October 2011 through December 2011), consular officers adjudicated 260,000 visas. In Brazil, U.S. consular officers adjudicated 171,000 visas in the first quarter of FY 2011, while adjudicating 280,000 visas in the first quarter of FY 2012, a 63 percent increase.
The State Department explains that the increase in visa applications is due to ... click here to read more.
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USCIS Seeks to Improve RFE Process for L-1 Multinational Executives and Managers
U.S. Citizenship and Immigration Services (USCIS) has released three L-1 visa draft templates for public comment as part of its Request for Evidence (RFE) project.
The RFE Project, which started in 2010, is an effort to review and revise the RFE templates to make sure they are consistent across all service centers, relevant, adaptable to individual cases, concise, and clear. So far USCIS has held listening sessions to hear feedback from the public about their experiences with the forms.
After the initial listening session in April, USCIS worked to address certain themes they discovered through the sessions. Stakeholders found USCIS RFEs to be lengthy, unclear and not specific to the actual cases. Furthermore, they found disconnects between petitions; for instance, sometimes petitioners receive requests for information that was already included in previous petitions. In addition, stakeholders feel ... click here to read more.
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Visa Bulletin Update: February 2012
China and India Advance 1 Year in EB-2 Category
The Department of State (DOS) has released the February 2012 Visa Bulletin, showing immigrant visa (i.e. green card) availability for February 2012. The EB-2 category (Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability) will see a larger jump than January's already big jump in the cut-off date.
Back in March 2011, the DOS announced the EB-2 category would advance rapidly due to the sharp drop in demand for EB-1 visas (Priority Workers). In February, the EB-2 category will advance one year for China and India to January 1, 2010. All other countries stayed current in the EB-2 category.
There continues to be some movement in the EB-3 category for professional and skilled workers. The cut-off date for all countries except China and India will advance 3 weeks to February 22, 2006. China will advance 1 month and 2 weeks to December 1, 2004. India will advance 2 weeks to August 15, 2002.
The EB-3 subcategory for unskilled workers for all countries except China and India is still slowing. All countries except China and India will advance 3 weeks to February 22, 2006. China's cut-off date will not move for the fourth straight month and stay at April 22, 2003. India's cut-off date will advance 2 weeks to August 15, 2002.
The Family categories will pick up a bit more in February than in January.
In the F-1 category (unmarried Adult Sons and Daughters of U.S. Citizens), all countries except Mexico and the Philippines will advance 2 months and 1 week to .... click here to read more.
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Disclaimer: The information provided in this newsletter is offered purely for informational purposes. It is not intended to create or promote an attorney-client relationship, and does not constitute and should not be relied upon as legal advice. We intend to make every attempt to keep this information current. We do not promise or guarantee, however, that the information is correct, complete or up-to-date, and readers should not act based upon this information without seeking professional counsel from a licensed attorney. Transmission of information from this newsletter is not intended to create, and its receipt does not constitute, an attorney-client relationship with Jacob L. Ratzan, P.A. or any of its individual attorneys or personnel.
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