go to top

Your Bay Area Immigration Law Firm

Call Today
408-916-1125

The Immigration Blog for Silicon Valley

Are Republicans Ready to Support Dreamers?

It’s no secret that right now, being an immigrant in our country is very difficult. Since taking office, the Trump administration has already started revamping legal immigration policy, which has caused paperwork to increase dramatically. However, not everyone in Washington is working against immigrants, and some support may be found in unexpected places.

Are Republicans Starting to Support Dreamers?

President Trump has already given Congress notice that on March 6, 2018 he will end the Deferred Action for Childhood Arrivals program. DACA, as it’s more widely known, helps undocumented immigrants who were brought into the country as children get jobs, Social Security numbers and helps them enroll in college. It’s estimated that some 800,000 undocumented immigrants—Dreamers—are enrolled in this program, and these enrollees are also temporarily protected from deportation. That means thousands could face deportation, but Congress is making an attempt to stop this from happening.

Bills like the “Dream Act” have been introduced by Congressional Democrats, but has seemingly been resisted by Republicans. However, House Speaker Paul Ryan has been meeting with his fellow Republicans to hammer out a deal that would be agreeable to both Democrats and the White House. Such a measure would save Dreamers, and they are hoping to roll out this plan with the latest spending budget bill at the end of the year. But there are several issues that each side will have to come to terms on.

The President says he will only sign legislation continuing DACA if it includes measures to increase border security. Some Republicans also wish to include measures that limit immigrant family members that can enter the country, and measures that encourage merit-based immigration policy. Negotiations are expected to be long and hard, but it does represent a hope that lawmakers may work something out before the March deadline.

Want to learn more? Rely on the Law Offices of Sweta Khandelwal to help clarify the confusion immigration policy can sometimes cause. We find solutions for families that need help.

Tags: #DACA

Why Are Big Companies Supporting Dreamers?

smile immigrant

The Trump administration has made another move that will change the way immigration works moving forward. In September, it was announced that the administration would end Deferred Action for Childhood Arrivals, also known as DACA. However, officials haven’t completely shut the door on Dreamers, as Congress was given a six-month deadline to come up with a solution to save some 690,000 DACA recipients from deportation. Now, as law makers try to put together a solution, the business sector is chipping in by supporting Dreamers during this complex process.

Companies Are Supporting Dreamers, But Why?

Over 60 trade organizations and companies are uniting to help Dreamers and push Congress to arrive at a solution that will save these young immigrants from deportation. Among these businesses are: Amazon, Apple, Facebook, General Motors, Google, Hewlett Packard, IBM, Microsoft and many more. They have launched a digital ad campaign asking for bipartisan legislation that secures the futures of Dreamers, and they want that legislation done this year.

DACA protects young undocumented individuals who were brought to this country as children by delaying deportation. It also allows them to get driver’s licenses, secure jobs and enroll in colleges. If these individuals were deported, the companies campaigning for Dreamers estimates that the economy could lose $215 billion from the country’s GDP as well as $24.6 billion in Social Security and Medicare contributions.

Apple CEO Tim Cook, during a special press event, reaffirmed the important role Dreamers in today’s society. He reaffirmed that these people have only known a life in America and love our country more than most. He believes they deserve an opportunity to be citizens, but some may be having difficulty in these tough political times.

Calling an immigration attorney could be a solution for many struggling to stay in this country legally. There are options you may not be aware of that the Law Office of Sweta Khandelwal can help with. Don’t be afraid to find the help that you need.

Tags: #DACA, #Dreamers, #immigration

California to Become “Sanctuary State.” What Does It Mean?

to-protect-and-serve-

In early October 2017, Gov. Jerry Brown signed legislation that would vastly limit who state and local law enforcement agencies can hold, question and transfer at the request of federal immigration authorities. The bill, Senate Bill 54, will take effect in January, making California a “sanctuary state.”

Opponents of the bill have blasted it as “unconscionable,” including U.S. Attorney General Jeff Sessions. The bill contributes to an ongoing national debate on how much authority cities and states have when creating policy to prevent local officers from enforcing federal immigration law. Gov. Brown, in a signing message in support of the bill, noted that the bill does not actually prevent or prohibit Immigration and Customs Enforcement (ICE) from doing their jobs. President Trump’s immigration chief disagrees, saying it would hinder federal agents in their work and lead to at-large arrests in local neighborhoods and at work sites.

What SB 54 Does and Does Not Do

There are over 2 million estimated illegal immigrants in the state of California alone. SB 54 prohibits law enforcement agents from asking about a person’s immigration status as well as participating in any program that uses them as immigration agents. The bill does not prevent immigration agents from interviewing inmates in jails and does allow ICE access to law enforcement databases. The state Department of Corrections and Rehabilitation is exempt from many of these restrictions. Local law enforcement will also have access to an expanded amount of criminal conviction types to share and transfer.

The bill is likely to face legal challenges from opponents.

Sweta Khandelwal is located in San Jose, CA, and she has helped many deserving immigrants achieve their goal of becoming US residents/citizens. Contact the the Law Office of Sweta Khandelwal today.

Tags: ##SanctuaryState

Trump Administration Attacks Immigration Policy

white house

It’s no secret that the Trump administration has been cracking down on immigration, but some may be surprised at the extra hoops being added to the legal immigration policy. The paperwork for legal immigration is being doubled, tripled, or even more. Worse, the new forms and documents have incredibly vague yet complex questions.

Since January, the agency that reviews and processes immigrants’ applications, United States Citizenship and Immigration Services (USCIS), has lengthened 15 applications. This includes paperwork that is required to be completed by US Citizens. In total, the forms have gone from 72 pages to 162. The instructions of the respective forms have increased from 114 pages to 215. All in, that’s a whopping 191 pages of additional paperwork added in less than a year.

USCIS has no qualms over the paperwork.  It is their position that the same amount of time will be needed complete the new forms as compared to the old.  This includes the I-485 form, which is the form that allows an immigrant to adjust their status from a temporary to permanent resident, which increased from 6 to 18 pages. The instructions for the form went from 8 to an incredible 42 pages. Yet, the agency insists that immigrants will still be able to finish the new application in the same exact amount of time as the shorter versions. This, by itself, speaks to their attitude and approach towards immigration and immigrants.

While potential citizens are more than willing to undergo additional paperwork, many don’t have the money to hire an attorney. From asking vague questions that could apply to simple traffic tickets to full out arrest, to probing into your political preferences, these new questions are both vague and unnecessary.

While this may seem like just extreme and vague vetting, it’s more than that. If an answer is not answered precisely and correctly, it can be considered as “misrepresentation”, which will mean that the application can be denied, and/or the immigrant subject to deportation. This is just a sly way to avoid having to propose new legislation and achieve the same goal: severely limiting the number of new immigrants to the US.

Under the Trump administration, hiring a great immigration law attorney is the difference between being able to stay legally in the US, and being asked to leave.  

Sweta Khandelwal is located in San Jose, CA, and she has helped many deserving immigrants achieve their goal of becoming US residents/citizens. Contact the the Law Office of Sweta Khandelwal today.

Tags: #immigration, #immigration attorney, #immigration law, #immigration lawyer, #immigration policy, #Trump administration, #Trump administration immigration policy

Green Card Hurdles Introduced By Trump Administration

USa flag

Since his candidacy, Donald Trump has taken a hardline approach to immigration. His plan to apply “extreme vetting” to visitors and immigrants to the United States is already taking shape with a new interview mandate that will be required to obtain a green card.

The United States Citizenship and Immigration Services confirmed that immigration authorities will now require an in-person interview for some green card applicants. This interview will be necessary for anyone who is moving from an employment-based visa to a lawful permanent residency as well as visa holders who are family members of refugees and people who receive asylum in America.

This interview will be conducted during the provisional stage that precedes getting a green card and it’s expected to slow the process of getting a green card. The purpose of the in-person interview is allowing an USCIS officer to verify the information provided on the application, discover new and relevant information, and assess the applicant’s credibility.

In 2015 alone, about 168,000 immigrants in these categories received lawful permanent residency, according to the Department of Homeland Security. The vast majority previously held an employment-based visa.

The travel ban that Trump signed in January and revised in March called for the federal government to develop “uniform screening and standards” to identify terrorists and individuals who pose a risk. The order stated that an in-person interview could be considered part of the standards.

Technically, the in-person interview requirement is not new, but it has been waived for these categories of visa holders most of the time over the last decade. Waivers will no longer be granted under the new policy. Many of these candidates have been living and working in the US for more than a decade.

The interview requirement is almost guaranteed to increase the wait time for green card applicants. According to the USCIS tracking tool, staffers usually have a 6-month delay before applications are even processed.

Stephen Legomsky, USCIS chief counsel between 2011 and 2013, said that the interviews likely add “some marginal value” but it may not be enough to offset the additional workload. He also said the USCIS plans to speed up interviews by streamlining operations and boosting staff training.

According to USCIS, the interviews will be phased in for:

  • Refugees and asylee relative petitions (Form I-730) for beneficiaries who are in the U.S. and petitioning to join a principal asylum or refugee application
  • Adjustment of status applications based on employment (Form I-485)

The interviews will begin for these categories on October 1, 2017.  Contact the Law Office of Sweta Khandelwal to see how we can help you prepare for a USCIS interview.





captcha

Web Analytics