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E-2 Treaty Investor non-immigrant visa holders could get Green Card after 10 years and their children can legally work from age 18

Posted: May 5th, 2015 | Author: | Filed under: Immigration Reform, Jaensch Immigration Law Firm, National News, Sarasota Immigrants | No Comments »

P Christopher Jaensch

P Christopher Jaensch, Lawyer and Owner Jaensch Immigration Law Firm Sarasota

Sarasota Immigration Law Firm, Jaensch Immigration, are behind a new Bill being proposed by local Congressman David Jolly that would give E-2 Treaty Investor non-immigrant visas holders the right to apply for a Green Card after 10 years. It would also allow their children to stay in the country between the ages of 18 and 26 and be able to work without applying for their own visa.

Sarasota business immigration attorney, P. Christopher Jaensch, thinks that the new bill, if passed, could significantly improve the Florida economy.  He says,

“We already use the E-2 Treaty Investor visa as one of the main strategies for Canadians and Europeans who want to spend more time in the U.S.  The visa requires them to invest a substantial amount of money—usually more than $100,000—in an active business that will create jobs for U.S. workers.  They can start a new business or purchase an existing business, but must own a controlling interest and must come from a country with an investment treaty with the U.S.  However, many of our clients express dismay that they are making a major investment in the U.S. without having a way to get permission to stay permanently.  For clients with children, they are very concerned about how the children will be able to stay in the U.S. once they are 21.  This proposed law would help address these concerns and, I think, would increase the number of investors interested in the E-2 program.”

Karen Galkoff moved to Sarasota from the UK in 2013 with her husband and 3 children to open Fringe Spa Salon on an E-2 visa. Karen explains, “We’ve opened a business and we’re not only creating employment but also putting money back into the local economy by using local suppliers. Fringe has expanded and is growing nearly 100% year on year. Whilst we have a 5 year visa we always have “what if it’s not renewed” and “what happens when the kids want to get jobs” in the back of our minds. The proposed changes would give us the confidence to drive forward with our growth plans in Sarasota.”

Florida congressman, David Jolly, has announced that he will be filing a bill that would allow those on E-2 Treaty Investor non-immigrant visas to gain lawful permanent residence after ten years. The Bill would also remove a huge headache that most investors face and that’s their children being able to stay and work in the USA once they turn 18. Jolly’s proposed Bill “E-2 Visa Improvement Act of 2015” is at the very early stages. The key facts are as follows:

  • The E-2 visa holder needs to have lived and successfully worked in the USA for at least 10 years
  • They must have created full time employment for no fewer than two individuals
  • There will be a limitation of 10,000 visas in any fiscal year
  • At 18 Children can work and then remain in the US until they are 26 (regardless of length of time their parents have held an E-2)
  • Children 26 years of age or younger would automatically be covered

Speaking to an audience in Pinellas Park, Congressman Jolly said: “Every day the immigration reform debate hits the headlines, but only focuses on those here in the US illegally, what about those who are legally obliged to be here?”

A key driver for Congressman Jolly is to help encourage international entrepreneurs to come to the USA and share their talents and expertise. Speaking to an audience in Pinellas Park, Congressman Jolly said: “Every day the immigration reform debate hits the headlines, but only focuses on those here in the US illegally, what about those who are legally obliged to be here? Those who enter our country legally on nonimmigrant E-2 Treaty Investor Visas come from all over the world to start a business in our country, bringing with them the entrepreneurial spirit to start businesses and fully integrate into our communities. Without an opportunity for permanent residency these visa holders cannot take the next step in carrying out the American dream that initially brought them to the United States. So this week introduced H.R. 1834, a bill that allows business owners in the United States on E-2 visas the opportunity for permanent residency after 10 years. Currently, all E-2 nonimmigrants must maintain an intention to depart the U.S. when their status expires or is terminated. Further, their children must leave the United States or apply for another visa when they turn 21 years old. Under my bill, children of E-2 Treaty Investor Visa holders can stay in the U.S. until they are 26 years old and can apply for work at 18 years of age.”

The Bill does not propose changing the need to re-apply for an E-2 visa until the minimum time of 10 years in the USA has been achieved meaning that those on a 5 year visa will still need to renew at the 5th and 10th year. According to the US Department of State, there were over 35,000 E-2 Visa’s approved in 2013.

Congressman Jolly went on to say: “I think people in Congress will recognize the importance of addressing legal immigration at the same time we’re having a national debate about illegal immigration. It’s only fair that we do so and it’s right that we do so. Whenever you have comprehensive immigration reform, it is hard to pass small provisions. This one, I hope, is a very simple one that we could move outside of the comprehensive immigration reform. Let’s recognize the contribution of legal immigrants now, but it may be that this gets wrapped into comprehensive immigration reform, and I’m okay with that. We’re prepared to have that conversation.”


Business Opportunity: A Breakfast/Lunch Restaurant

Posted: February 18th, 2015 | Author: | Filed under: Business Opportunities | No Comments »

Our firm was asked to post the following business opportunity:

A Breakfast/Lunch restaurant located in southeast Manatee county is for sale.Located within a growing community, it has huge loyal customer base.

The two owners ONLY work 30-40hrs a week. Half of those hours could be covered by adding another server. The restaurant runs debt free. It is a perfect business for a husband and wife team or a dedicated single owner.

The restaurant has been going strong for over five years.

Currently the restaurant is covering 75% of each partners personal expense as well as providing cash disbursements. This totals over $50k to each partner.

The restaurant currently has 6 employees. Asking price is $185,000

For more information please contact Matt Cardwell 941-920-3819 or email at dylanskye08@gmail.com


Mexican Consulates in the U.S. Can Now Issue Copies of Birth Certificates!

Posted: February 18th, 2015 | Author: | Filed under: Sarasota Immigrants | No Comments »

Starting in January 2015, Mexican consulates in the U.S. can now issue copies of birth certificates registered in Mexico.

To obtain certified copies, Mexican nationals should visit the nearest consulate, present an official proof of identity, fill out an application and pay a fee of $13 per certified copy, and, if they have it, provide their Clave Única de Registro de Población (CURP).

This announcement and change in policy comes at a critical juncture for millions of Mexican citizens living in the U.S. that may be eligible for DAPA or DACA.


USCIS Announces In-Country Refugee/Parole Processing for Minors in Honduras, El Salvador and Guatemala

Posted: February 18th, 2015 | Author: | Filed under: Immigration Reform, National News | No Comments »

The Department of State and U.S. Citizenship and Immigration Services (USCIS) are pleased to announce a new in-country refugee and parole program for certain qualified minors in El Salvador, Guatemala and Honduras.

This Central American Minors (CAM) Refugee/Parole Program was established to provide a safe, legal, and orderly alternative to the dangerous journey that some children are currently undertaking to the United States.

Who is Eligible?

The program allows certain parents who are lawfully present in the U.S. to request access to the U.S. Refugee Admissions Program for their children still residing in one of these three countries. Applicants who gain access to the program, but are found ineligible for refugee status will be considered on a case-by-case basis for parole into the United States.

Application Process

The CAM program began accepting applications on December 1, 2014. Certain parents who are lawfully present in the U.S. are eligible to file a form requesting access to the U.S. Refugee Admissions Program for their children. A qualifying parent in the U.S. may file form DS-7699 Affidavit of Relationship (AOR) for Minors Who Are Nationals of El Salvador, Guatemala, and Honduras (CAM-AOR). This form may only be accessed and completed with the assistance of a designated resettlement agency.

For more information please click here


Start Preparing for your New H1-B Worker NOW!

Posted: December 22nd, 2014 | Author: | Filed under: Employer & Student Visas, National News, Sarasota Immigrants | No Comments »

The H-1B cap is approaching fast, and early planning and processing is recommended!

The filing period for new H-1B visa petitions to be counted against the annual H-1B quota (the “H-1B cap”) for FY (“Fiscal Year”) 2016 begins on April 1, 2015. To ensure timely receipt, and to have the best chance of your case being accepted under the cap, petitions must be submitted the first week of April 2015 for a visa that will begin on October 2015.

The annual limit for new H-1Bs is 65,000 , with an additional 20,000 visas available to H-1B applicants who possess a Master’s or higher degree from a U.S. academic institution. An applicant qualifies for an H-1B under the additional 20,000 allotment if he/she has completed all requirements for the advanced degree at the time the petition is filed.

In 2014, the annual FY-2015 limit for new H-1Bs was reached immediately, with USCIS receiving over 172,500 applications during the first week of filing. We anticipate that the FY-2016 cap may be reached at the same pace and increased rate of filings. Consequently, it is important that employers plan and process their FY 2016 H-1B petitions early. 

 

What is an H-1B Visa?

The H-1B is an employer-sponsored nonimmigrant visa classification which allows foreign individuals to work for up to six (6) years in a specialty occupation. “Employer-sponsored” means that the employer must apply for the H-1B on behalf of the prospective H-1B employee through the United States Citizenship and Immigration Services (USCIS).  “Specialty occupation” means a position that requires specialized knowledge and skills, and at least a related bachelor’s degree in that specialty. The H-1B also requires that the H-1B employer pay the H-1B employee the same or higher wage than is paid to workers in similar occupations in the geographical area of the proposed employment.

Please contact our if you have any questions pertaining to the FY-2016 H-1B petition filing procedures or would like to begin the process.

 


CBP Launches Border Wait Time App

Posted: December 22nd, 2014 | Author: | Filed under: Athlete & Artist Visas, Employer & Student Visas, Immigration Reform, Investor Visas, National News, Sarasota Immigrants | No Comments »

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According to their government website, the U.S. Customs and Border Protection (CBP) recently launched the Border Wait Time app making it easier for travelers to plan their trip across the border. The app provides estimated wait times and open lane status at land ports of entry allowing travelers to make an informed decision of where and when to cross the border. Wait times for pedestrian and passenger and commercial vehicle crossings are broken down by lane type (standard, SENTRI, NEXUS, FAST, Ready Lane, etc.). Travelers can download the app for free from Apple’s App Store and Google Play.

“CBP continues to deploy technology that enhances the travel experience at all of our ports of entry,” said Commissioner R. Gil Kerlikowske. “The launch of this app will provide travelers crossing the land border with more information when and where they need it.”

The app is a one-stop shop for cross border travel. Travelers can locate the three ports of entry closest to their location and then map the best route to the crossing of their choice. For example, the app allows travelers in the Buffalo, New York area to compare wait times at the Peace Bridge, Rainbow Bridge and Lewiston Queenston Bridge and will then direct them to whichever crossing they chose.

The app was developed by CBP and does not require individuals to register or provide any personal information. CBP does not store or have access to any information regarding travelers using the app.

The Border Wait Time app is just one example of CBP’s effort to create a traveler-friendly processing environment. CBP has deployed Automated Passport Control (APC) kiosks to more than 25 airports, including most recently at preclearance locations in Edmonton, Canada and Aruba. Much like APC, CBP launched Mobile Passport Control, the first authorized app to expedite a traveler’s entry into the United States, at Hartsfield-Jackson Atlanta International Airport this summer. CBP has also enrolled more than three million travelers in trusted traveler programs such as Global Entry, NEXUS and SENTRI. These programs allow CBP officers to process travelers safely and efficiently while enhancing security and reducing operational costs.

Source: Click here for the original article.


NEW Business Opportunity: German Restaurant

Posted: December 22nd, 2014 | Author: | Filed under: Business Opportunities, Employer & Student Visas, Investor Visas, Sarasota Immigrants | No Comments »

Business purchase opportunity–A client of the law firm has asked us to post the following information about the sale of the Schnitzel Kitchen German Restaurantgerman rest.

Location: 6525 Superior Ave., Unit B, Sarasota, FL, 34231 on the Gulf Coast of Mexico in the Southwestern Region of Florida.

Very successful running Business with maximum occupation of 42 Seats. Ideal Location within a very busy strip mall center.Specializing in German Cuisine with beer and wine. Restaurant has immense potential  for increase in business sales.

The owner was a Chef in Germany for over 25 years and offers to stay in business and train new owner and/or staff.

Very close to the world famous Quartz Sand Beach on the Island of Siesta Key   (just across the Siesta Key Bridge). On Highway 75  easy and fast to all famous  Park attractions  in Florida like Disney World, Sea World,  Cape Canaveral (Kennedy Space Center)  and the famous southern Keys.

Perfect for starting a new Business, adding on to an existing business, as an occupation for retirement, as an investment, or as a basis  for a US Visa Immigration Application.

 Asking: $ 150,000   (Euro € 120.000 according to exchange rate)

Suncoast Pix Virtual Tour - stunning real estate photography, excellent service and very competitive prices2 

For a Virtual Picture Tour, Click Here

 

Please contact Loyd Robbins,   Harry E. Robbins Assoc., Inc.

3733 Tuttle Ave., Sarasota, FL, 34239,

Fax: 941-922-3627

Phone: 941-356-9659

Cell: 941-726-9381


Immigrant Investor Profile: A & B Property Services

Posted: December 10th, 2014 | Author: | Filed under: Investor Visas, Sarasota Immigrants | Tags: , , | No Comments »

topOne of our immigrant investor clients, John Smyth, recently announced his new company website and initiative to expand a property services business.

Mr. Smyth earned a degree in agricultural engineering and participated in a MBA management program. Then, Mr. Smyth co-owned two engineering distribution and services businesses for 14 years in key sectors for food, whisky and power generation. The businesses grew from start-up to earning multi-million dollars in revenue. He plans to use that experience to build growth into his investment in the United States.

He chose to invest in Florida because of the tremendous opportunities present in the area that will allow the business to grow in the property sector.

The company’s mission is to be the most trusted provider of exterior cleaning, maintenance, repair and renovation in Florida.

midThe business provides a range of service, including:

  • Exterior pressure washing
  • Roof Wash
  • Window Cleaning
  • Pool Screen & Lanai Cleaning
  • Handyman Services
  • Commercial Cleaning
  • Exterior Painting
  • Driveway Cleaning & Sealing
  • Concierge Service for Absentee Owners

bottomRecently, the company launched its Forever Clean Program. This program provides an annual service for a low fixed monthly fee in exchange for a comprehensive cleaning and maintenance program that is specifically designed for each property owner.

A & B Property Services was built on exceeding customer expectations, adding value, and building long-term and trusting business partnerships. Their goal is to develop a one-stop shop approach, where clients will be provided with a dependable turn-key home maintenance solution.

The business provides Property Maintenance to residential and commercial properties in Lakewood Ranch, Sarasota, Bradenton, North Port and Venice.

For a free estimate on their Forever Clean Program or for other inquiries, please contact John Smyth at abpropertyservice@icloud.com or 941.488.9200


EXECUTIVE ACTION: What Does It Mean For You?

Posted: November 21st, 2014 | Author: | Filed under: Sarasota Immigrants | No Comments »

Yesterday evening President Obama announced a series of executive actions to help expand available options to a large number of immigrants in the U.S. If you would like to know if you, your family, or your friends can benefit from these changes, please refer to the following information.

Key Points of the Executive Action

The President’s initiatives include:

  • Allowing parents of U.S. citizens and lawful permanent residents who have been in the country since January 1, 2010, to request deferred action and employment authorization for three years, provided they pass required background checks and other requirements.
  • Expanding the population eligible for the Deferred Action for Childhood Arrivals (DACA) program to young people who came to this country before turning 16 years old and have been present since January 1, 2010, and extending the period of DACA and work authorization from two years to three years.
  • Creating pre-registration for Adjustment of Status. Individuals with an approved employment-based immigrant petition who are caught in the quota backlogs will be able to pre-register for adjustment of status to obtain the benefits of a pending adjustment, such as employment authorization. 
  • Expanding the use of provisional waivers of unlawful presence to include the spouses and sons and daughters of lawful permanent residents and the sons and daughters of U.S. citizens 
  • Allowing certain investors to be paroled into the U.S., or be granted parole in place if already in the United States, for job creation. Also, entrepreneurs, researchers, inventors, and founders will be eligible for national interest waivers.

Some of these initiatives will be implemented over the next several months and some will take longer, at least until spring of 2015. While USCIS is not accepting requests or applications at this time, if you believe you may be eligible for one of the initiatives listed above, you can prepare by gathering documents that establish your:

  • Identity;
  • Relationship to a U.S. citizen or lawful permanent resident; and
  • Continuous residence in the United States over the last five years or more.

Beware of Scams

These initiatives have not yet been implemented, and the government is not accepting any requests or applications at this time. Beware of anyone who offers to help you submit an application or a request for any of these actions before they are available. You could become a victim of an immigration scam.

Please call or e-mail our office to obtain updates as we receive new information.


DHS Announces Temporary Protected Status Designations for Liberia, Guinea, and Sierra Leone

Posted: November 20th, 2014 | Author: | Filed under: Immigration Reform, National News | Tags: , | No Comments »

U.S. Department of Homeland Security Logo

The Department of Homeland Security recently released the following announcement: 

Due to the outbreak of Ebola virus disease in West Africa, Secretary of Homeland Security Jeh Johnson has announced his decision to designate Liberia, Guinea, and Sierra Leone for Temporary Protected Status (TPS) for 18 months.  As a result, eligible nationals of Liberia, Guinea, and Sierra Leone who are currently residing in the United States may apply for TPS with U.S. Citizenship and Immigration Services (USCIS). The Federal Register notices provide details and procedures for applying for TPS and are available at www.uscis.gov/tps.

The TPS designations for the three countries are effective Nov. 21, 2014 and will be in effect for 18 months. The designations mean that eligible nationals of Liberia, Guinea, and Sierra Leone (and people without nationality who last habitually resided in one of those three countries) will not be removed from the United States and are authorized to work and obtain an Employment Authorization Document (EAD). The 180-day TPS registration period begins Nov. 21, 2014 and runs through May 20, 2015.

To be eligible for TPS, applicants must demonstrate that they satisfy all eligibility criteria, including that they have been “continuously residing” in the United States since Nov. 20, 2014 and “continuously physically present in” the United States since Nov. 21, 2014.  Applicants also undergo thorough security checks.  Individuals with certain criminal records or who pose a threat to national security are not eligible for TPS. The eligibility requirements are fully described in the Federal Register notices and on the TPS Web page at www.uscis.gov/tps 

Liberians currently covered under the two-year extension of Deferred Enforced Departure (DED) based on President Obama’s Sept. 26, 2014 memorandum may apply for TPS. If they do not apply for TPS within the initial 180-day registration period, they risk being ineligible for TPS because they will have missed the initial registration period. Liberians covered by DED who already possess or have applied for an EAD do not need to also apply for one related to this TPS designation. However, such individuals who are granted TPS may request a TPS-related EAD at a later date as long as the TPS designation for Liberia remains in effect.

Applicants may request that USCIS waive any or all fees based on demonstrated inability to pay by filing Form I-912, Request for Fee Waiver, or by submitting a written request. Fee-waiver requests must be accompanied by supporting documentation. USCIS will reject any TPS application that does not include the required filing fee or a properly documented fee-waiver request.

All USCIS forms are free. Applicants can download these forms from the USCIS website at www.uscis.gov/forms or request them by calling USCIS toll-free at 1-800-870-3676.


NEW Florida Business Opportunity: Own your own Ice Cream and Sweet Shoppe!

Posted: November 20th, 2014 | Author: | Filed under: Business Opportunities, Investor Visas, Sarasota Immigrants | Tags: , , , , , | No Comments »

Business purchase opportunity–A client of the law firm has asked us to post the following information about the sale of an ice cream and sweet shoppe:

After recently receiving her green card, the owner is wishing to sell her business in Southwest Florida. The business is a well-known national ice cream franchise and confectionery business, located in a mall and anchored by major tenants.

This shoppe offers customers an impressive selection of fine confections and ice cream, all in an enjoyable, service-oriented atmosphere and is designed to give a warm welcome and a nostalgic nod to the good ol’ days of old-fashioned sweet shoppes. From fine chocolates, handmade fudge, and caramel apples, to their own original recipe ice cream, the shoppe offers a selection of quality confections.

Annual revenues are $400,000, allowing the owner to have a salary of $75,000 (including benefits). Low staffing requirements. Equipped with full remote camera monitoring system. Appliances and leasehold improvements are in excellent condition.  The business is well-suited for a couple working part-time. Owner is willing to train Buyer on operations. Priced between $450,000-$550,000.

For franchises, this shoppe offers a successful, modern business backed by years of experience.

For more information, please call (514) 947-1993 or e-mail kamal@mekhal.com.


President Due to Issue an Executive Order Regarding Immigration

Posted: November 17th, 2014 | Author: | Filed under: Deferred Action, Immigration Reform, National News, Sarasota Immigrants | No Comments »

obama-cnn

There is nothing official about helping “illegal” immigrants; but there is real hope.

President Obama is expected to announce—perhaps as early as this week—a temporary relief program  for almost 4 million people  from the fear of deportation and qualify for work permits. As president he does not have the authority to change the U.S. Immigration laws; but he  can order changes in how the law is applied—at least for the next two years.

 But it takes the U.S.  Congress  to change the Immigration laws with the agreement of the President. At this time, Congress does not seem willing to pass a new law to help the some 11 million illegal aliens in the U.S. Most Republican members of Congress are also objecting to the President’s plan by threatening not to make money available to pay for the cost of implementing it.

The order that is expected from the President would halt deportation fears for about 3.3 million immigrants who are either married to a U.S. citizen or are the parent of a U.S. citizen child and have been in the U.S. for at least 5 years.

 The White House is also considering expanding the Deferred Action for Childhood Arrivals, or DACA, which helped about 600,000 young immigrants who came to the U.S. prior to their 16th birthday.  The expansion could help another 700,000 young people.  There is also discussion to allow parents of DACA children to qualify for deportation relief.

 It is important to know that this hope is not yet in effect nor will it be a permanent solution for those currently illegal in the U.S. Some unscrupulous  people—some call themselves “notarios”—are claiming they can already register illegals for the new policy the President has indicated he may order soon.

For the latest actual status of  any new Immigration policy, we suggest you check with the Jaensch  Immigration Law Firm website: www.visaamerica.com or call us at (941) 366-9841.


Lufthansa Announces Direct Flights for Tampa-Frankfurt!

Posted: November 17th, 2014 | Author: | Filed under: National News | No Comments »

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Lufthansa will make Tampa its newest U.S. destination, launching nonstop flights to Frankfurt next fall.

Starting Sept. 25, the carrier will fly four weekly wintertime flights on the route. Lufthansa will increase that to five a week for its summer schedule. Lufthansa will use Airbus A340-300 jets on the route, which will become the airline’s third to Florida. Lufthansa already flies to Miami and Orlando.

“We’re delighted that our passengers will soon be able to fly in comfort, non-stop from the West Coast of Florida to Frankfurt,” Lufthansa CEO Karl Ulrich Garnadt says in a statement. “We’re expecting the new direct connection to elicit huge interest and demand, especially from leisure travelers.”

Tampa also appears to become the first destination to get service on Lufthansa’s A340 aircraft that are reconfigured in a 298-seat layout targeted toward leisure markets. Lufthansa is rolling out the higher-density set-up to seven of its older, four-engine A340s.

There will be no first class cabin on the reconfigured aircraft, but they will include 18 of Lufthansa’s updated lie-flat business class seats. There will be 280 seats in coach, including 19 in Lufthansa’s just-launched Premium Economy section.

Carsten Spohr, CEO of the broader Lufthansa Group holding company that includes Lufthansa as well as subsidiaries Austrian, Swiss and Germanwings, discussed Lufthansa’s reconfigured A340s with Today in the Sky on Monday.

“This is basically maintaining and extending the operation of our 340-300s in the fleet,” Spohr said to Today in the Sky from the carrier’s offices in New York’s Empire State Building.

Spohr said the reconfigured aircraft will be used “partly … on routes which are loss-making now and partly taking on some new routes,” of which Tampa becomes one of the first.

Despite the increased seating capacity on its A340s, Spohr said “this will be the full Lufthansa product. (We) will just be reducing the number of premium seats to 18 business-class seats, leaving room for more than 280 economy and premium economy seats.”

Spohr said “that’s enough for us to enlarge our network” by allowing the carrier to fly to more leisure-focused markets that may not have enough demand for the carrier’s high-end first class seating.

As for Tampa International, the carrier lauded the new route to Frankfurt.

“This is a huge win for the Tampa Bay region,” Joe Lopano, CEO of Tampa International Airport, says in a statement. “Lufthansa is one of the best-run and profitable airlines in the industry and their investment in this community is testament to the strength of our international travel market.”

Tampa International noted that Lufthansa can offer connections via Frankfurt to more than 145 destinations in Europe, Asia, Africa and the Middle East.

SOURCE: USA TODAY


Temporary Protected Status Extended for Honduras and Nicaragua

Posted: October 23rd, 2014 | Author: | Filed under: National News | No Comments »

According to the U.S. Citizen and Immigration Services Weekly Digest Bulletin, the Secretary of Homeland Security Jeh Johnson has extended Temporary Protected Status (TPS) for eligible nationals of Honduras and Nicaragua for an additional 18 months, effective Jan. 6, 2015, through July 5, 2016.

Current TPS Honduras and Nicaragua beneficiaries seeking to extend their TPS must re-register during the 60-day re-registration period that runs from Oct. 16, 2014 through Dec. 15, 2014. U.S. Citizenship and Immigration Services (USCIS) encourages beneficiaries to re-register as soon as possible once the 60-day re-registration period begins. USCIS will not accept applications before Oct. 16, 2014.

The 18-month extension also allows TPS re-registrants to apply for a new Employment Authorization Document (EAD). Eligible TPS Honduras or Nicaragua beneficiaries (or persons without nationality who last habitually resided in Honduras or Nicaragua) who re-register during the 60-day period and request a new EAD will receive one with an expiration date of July 5, 2016.

To re-register, current TPS beneficiaries must submit Form I-821, Application for Temporary Protected Status. Re-registrants do not need to pay the Form I-821 application fee, but they must submit the biometric services fee (or a fee-waiver request) if they are age 14 or older. All TPS re-registrants must also submit Form I-765, Application for Employment Authorization. TPS re-registrants requesting an EAD must submit the Form I-765 application fee or a fee-waiver request. If the re-registrant does not want an EAD, no application fee is required.

Applicants may request that USCIS waive the Form I-765 application fee or biometrics fee based on an inability to pay by filing Form I-912, Request for Fee Waiver, or by submitting a written request. Fee-waiver requests must be accompanied by supporting documentation. USCIS will reject the TPS application of any applicant who fails to submit the required filing fees or a properly documented fee-waiver request.

 


DHS To Implement Haitian Family Reunification Parole Program

Posted: October 23rd, 2014 | Author: | Filed under: National News | No Comments »

According to the U.S. Citizen and Immigration Services Weekly Digest Bulletin, starting in early 2015, the Department of Homeland Security (DHS) will begin implementation of a Haitian Family Reunification Parole (HFRP) Program to expedite family reunification for certain eligible Haitian family members of U.S. citizens and lawful permanent residents of the U.S. and to promote safe, legal and orderly migration from Haiti to the United States.

Under this program U.S. Citizenship and Immigration Services (USCIS) will offer certain eligible Haitian beneficiaries of already approved family-based immigrant visa petitions, who are currently in Haiti, an opportunity to come to the United States up to approximately two years before their immigrant visa priority dates become current.

“The rebuilding and development of a safe and economically strong Haiti is a priority for the United States.  The Haitian Family Reunification Parole program promotes a fundamental underlying goal of our immigration system – family reunification.  It also supports broader U.S. goals for Haiti’s reconstruction and development by providing the opportunity for certain eligible Haitians to safely and legally immigrate sooner to the United States,” said Deputy Secretary of Homeland Security Alejandro Mayorkas.  “The United States strongly discourages individuals in Haiti from undertaking life-threatening and illegal maritime journeys to the United States. Such individuals will not qualify for the HFRP program and if located at sea may be returned to Haiti.” 

Legal authority for the HFRP program is provided under the Immigration and Nationality Act which authorizes the Secretary of Homeland Security to parole into the United States certain individuals, on a case-by-case basis, for urgent humanitarian reasons or significant public benefit.  This is the same legal authority used to establish the Cuban Family Reunification Parole program in 2007.

USCIS is not currently accepting HFRP program applications, and potential beneficiaries should not take any action at this time.  USCIS will provide full program details before the end of this calendar year and stakeholder engagements will take place shortly thereafter. In early 2015, the Department of State National Visa Center (NVC) will begin contacting certain U.S. citizens or lawful permanent residents with approved petitions for Haitian family members, offer them the opportunity to apply to the program, and provide instructions on how to apply. Only individuals who receive a written notice of program eligibility from NVC will be eligible to apply.

Under the Haitian Family Reunification Parole program, Haitians authorized parole will be allowed to enter the United States and apply for work permits but will not receive permanent resident status any earlier.