SEEKING PERMISSION TO REAPPLY FOR ADMISSION AFTER DEPORTATION OR REMOVAL

The deportation or removal of an alien from the United States erects time period bars to the United States of five, 10, 20, or lifetime depending upon the basis for the prior deportation or removal. While Illegal Immigration Reform and Immigrant Responsibility Act of 1996, increased the length of time the alien must remain outside the United States after a prior removal, it did not alter the mechanism by which an alien can seek permission to return prior to the expiration of those bars on a discretionary basis.

If the alien has remained outside the United States for the required time frames, it is not necessary to file an application for consent to reapply for admission after deportation or removal. The alien seeking admission, a visa or adjustment of status must present proof to the adjudicating officer that he or she has remained outside the United States  for the appropriate time frame and if there is not satisfactory proof, he mus submit an application for permission to reapply.
For aliens seeking admission on a nonimmigrant visa, the regulations provide use of either a waiver or an “Application for Permission to Reapply for Admission into the United States After Deportation or Removal.
Finally, an alien can seek advance approval if he or she is in the United States and is expected to leave under an order of deportation, but has a good basis for returning to the United States in the future. It is a “conditional” approval contingent upon the alien’s satisfactory departure and does not waive any inadmissibility for proceedings instituted subsequent to the day permission is granted.

Temporary Procted Status – Parent’s Continuous Physical Presence & Continuous Residence Cannot Be Imputed To A Child

Matter of Ingrid Carolina DUARTE-LUNA, Respondent
Matter of Bessy Beatriz LUNA, Respondent
Decided June 20, 2014
U.S. Department of Justice
Executive Office for Immigration Review
Board of Immigration Appeals
A parent’s continuous physical presence and continuous residence in the United States cannot be imputed to a child for purposes of establishing the child’s eligibility for Temporary Protected Status.
In a decision dated August 25, 2009, an Immigration Judge granted respondents’ applications for Temporary Protected Status (“TPS”) section 244(a) of the Immigration and Nationality Act, 8 U.S.C. § (2006). The Department of Homeland Security (“DHS”) has appealed that decision. The respondents oppose the appeal. The appeal will sustained, and the record will be remanded to the Immigration Judge.
The respondents, who are natives and citizens of El Salvador, are two
sisters whose mother was granted TPS in 2001. Both respondents arrived
in the United States as minors on August 24, 2003, and were served with
notices to appear 2 days later. They subsequently filed applications for
TPS in 2005, and removal proceedings were administratively closed while
their applications were pending. The respondents’ applications were
denied and their appeals were dismissed. They subsequently filed renewed
applications, all of which were denied. Removal proceedings were then
recalendared… Click here.

INFORMATION TO US CITIZENS RE. THE WORLD CUP 2014

  • Ensure you have a valid U.S. passport. If your passport will expire before or during your trip, renew it now.  Don’t forget to sign your passport – in ink – and complete the emergency information page. Note: To be issued a Brazilian visa, your passport must be valid for at least six months after the date you submit it for a visa. You should apply for a new U.S. passport if your passport’s date of expiration is prior to January 14, 2015.
  • Obtain a Brazilian visa.  U.S. citizens are required to have a visa for travel to Brazil. Visas for U.S. citizens normally are valid for 10 years and cost $160. However, ticket holders for World Cup Games are eligible for a temporary special visa, free of charge. You must apply for your visa through the Brazilian Consulate in the United States that is closest to where you live.  Apply for your visa well in advance, as processing will likely take longer the closer it gets to the Games!
  • If you’re a parent traveling solo with a child (or children) under the age of 16, we recommend taking along a completed DS-3053 “Statement of Consent” form(s), signed by the other parent and notarized no more than 90 days before you depart.  This will be a big help in the event your child’s passport is lost while you’re in Brazil.
  • Check your overseas medical insurance coverage to ensure you are covered abroad and that you have coverage for medical evacuation in the event of a health emergency. Medical capacity and infrastructure in certain areas of Brazil, including some host cities, are untested in handling the volume of visitors expected for the games.
  • Enroll with the Smart Traveler Enrollment Program (STEP). This will enable the Embassy to keep you up to date with important safety and security announcements, and help your friends and family get in touch with you in an emergency.
  • Visit the Department of State’s Country Specific Information page on travel to Brazil.

FALSEHOOD REGARDING COMPREHENSIVE IMMIGRATION REFORM

Falsehood: By enforcing the laws already on the books we can fix our broken immigration system.

The truth: No. Virtually every senior security official to look at this problem concurs that we cannot simply “enforce our way out of this problem.” Our failed enforcement policies offer glaring evidence that more enforcement is an empty promise, not an effective solution. During the past decade, we tripled the number of agents on the border, quintupled their budget, toughened our enforcement strategies, and heavily fortified urban entry points. Yet, during the same time period there have been record levels of illegal immigration, porous borders, a cottage industry created for smugglers and documents forgers, and tragic deaths in our deserts.
Effective enforcement policies are critical to restoring integrity and legitimacy to a system that currently lacks both, but our current laws are so divorced from this country’s economic and social realities that to think we will be able to restore order and legality without reform of those laws is naive. The apt enforcement analogy is to consider what would happen if we lowered the speed limit our highways to 25 mph. We would create a nation of lawbreakers and an impossible enforcement challenge for our highway patrols.
Enforcement will work only when our laws reflect the economic and social realities of 21st century America. By establishing legal migration channels, we can reduce the enforcement targets so that we focus our resources on those who mean to do us harm, not on those who are filling our labor market  needs or reuniting with their close family members. Our current immigration policy exhibits the same fundamental flaws we saw with laws enacted during Prohibition. It’s not realistic, it doesn’t reflect our needs, and it makes good, law-abiding individuals into lawbreakers. In short, it’s bad policy.
Comprehensive immigration reform is needed to make legality the norm and restore legitimacy to the law. This will help us to differentiate between the law-abiders and the law-breakers and will allow for a more efficient allocation of enforcement resources.

FAMILY-SPONSORED PREFERENCE FOR JANUARY 2014

Family-Sponsored
All Charge -ability Areas Except Those Listed CHINA- mainland born INDIA MEXICO PHILIPPINES
F1 08DEC06 08DEC06 08DEC06 22SEP93 01JUL01
F2A
08SEP13
08SEP13
08SEP13
01SEP13
08SEP13
F2B 01JUN06 01JUN06 01JUN06 01APR94 01MAY03
F3 15APR03 15APR03 15APR03 01JUN93 01FEB93
F4 01OCT01 01OCT01 01OCT01 01NOV96 01JUL90

EMPLOYMENT-BASED PREFERENCES FOR JANUARY 2014

Employment- Based All Chargeability Areas Except Those Listed CHINA- mainland born INDIA MEXICO PHILIPPINES
1st
C
C
C
C
C
2nd
C
08DEC08 15NOV04
C
C
3rd
01APR12
01APR12
01SEP03
01APR12
15FEB07
Other Workers
01APR12
01APR12
01SEP03
01APR12
15FEB07
4th
C
C
C
C
C
Certain Religious Workers
C
C
C
C
C
5th
Targeted
Employment
Areas/
Regional Centers and Pilot Programs
C
C
C
C
C