It May Be Possible for a Same Sex Spouse of a U.S. Citizen to Apply for a Green Card

There are starting to be reports that USCIS headquarters has asked USCIS Field Offices not to deny green card applications  filed by a U.S. citizen for a same-sex spouse.

In the past, anyone who tried such a filing would have the application denied and the foreign spouse could be put in removal proceedings.  Now, reports are that the filing may be held in abeyance while the courts and Congress decide the fate of the Defense of Marriage Act.

Any same sex married couples who try  filing a green card application should know that there is still a substantial risk that the application will ultimately be denied and the foreign spouse (if he or she does not have an alternative status to fall back on) could be put in removal proceedings.

Rep. Maloney introduces StartUp Visa bill in House to help jump-start job creation in America

WASHINGTON, D.C. – Rep. Carolyn Maloney (D-NY) today introduced legislation, “The StartUp Visa Act of 2011,” H.R. 1114, to encourage innovation and economic growth by permitting immigrant entrepreneurs greater access to temporary U.S. visas. The bill matches legislation introduced this week by Senators John Kerry, Richard Lugar, and Mark Udall in the Senate.

“The entrepreneurial spirit among immigrants is ingrained in our country’s history and success,” said Rep. Maloney. “This legislation will promote our competitiveness around the globe and create a new generation of prosperity here at home by helping highly-skilled talent– wherever in the world it comes from–to create companies and jobs in the U.S.”

“Every job-creating American business started as an idea in the mind of an entrepreneur.  We need to keep and bring more of those ideas to our shores where they can put Americans to work.  Global competition for talent and investment grows more intense daily and the United States must step up or be left behind,” said Sen. Kerry, Senate sponsor of the bill.

“Creating a new magnet for innovations and innovators to come to the United States and create jobs here will offer our economy a double shot in the arm – robust job creation at home and reaffirmation that we’re the world’s best place to do business.”

The “StartUp Visa Act of 2011” better utilizes existing visas by making adjustments to the existing EB-5 visa to accommodate those entrepreneurs who fit one of three fact patterns:

Option One: Immigrant entrepreneurs living outside the U.S. would be eligible to apply for a StartUp Visa if a qualified U.S. investor agrees to financially sponsor their entrepreneurial venture with a minimum investment of $100,000. After two years, their business must have created 5 new jobs and raised not less than $500,000 in additional capital investment or generate not less than $500,000 in revenue.

Option Two: Immigrant entrepreneurs currently living and working inside the U.S. on an unexpired H-1B visa; OR immigrant entrepreneurs currently in the U.S. who have completed a graduate level degree in science, technology, engineering, math, computer science, or other relevant academic discipline from an accredited United States college, university, or other institution of higher education would be eligible for a StartUp Visa if…
–    They demonstrate annual income of not less than roughly $30,000 or the possession of assets of not less than roughly $60,000; and
–    Have proven that a qualified U.S. investor agrees to financially back their entrepreneurial venture with a minimum investment of $20,000.
After two years, their business must have created 3 new jobs and raised not less than $100,000 in additional capital investment or generate not less than $100,000 in revenue.

Option Three: Immigrant entrepreneurs living outside the U.S. would be eligible to apply for a StartUp Visa if they have controlling interest of a company in a foreign country that has generated, during the most recent 12-month period, not less than $100,000 in revenue from sales in the U.S.  After two years, their business must have created 3 new jobs and raised not less than $100,000 in additional capital investment or generate not less than $100,000 in revenue.

Arizona Style Immigration Bills are the Red Meat in Tallahassee

Published in the Bradenton Times: Tuesday, March 15, 2011 3:00 am

by Dennis Maley

BRADENTON – It didn’t take a genius to figure out that immigration reform would be a hot issue during the first week of the new legislative session. Such laws are low-hanging fruit, the sort of red meat that fanatics crave and whenever such issues arise you can bet that someone in public office will capitalize on the opportunity to gain the support of the lynch mob.

Elected officials in Tallahassee delivered on that red meat last week, introducing Senate Bill 1896 (appropriately tagged since it seems to have come from that era), and SB 7066. SB 1896 was introduced by Senator Bill Evers, chair of the Criminal Justice Committee, and is dubbed the “Support Our Law Enforcement and Safe Neighborhoods Act.”

The bill would prevent state or local legislation that limits implementation of federal immigration laws to the full extent and would also require law enforcement officers to determine the status of someone that presents “reasonable suspicion of a person who is an alien and unlawfully present in the United States.”

“In the midst of Florida’s crisis, our legislators insist in scapegoating immigrants instead of finding real solutions to our problems,” says María Rodriguez, Executive Director for the Florida Immigrant Coalition. “Attacking immigrants will cause great political theater, but it won’t create jobs or reduce Florida’s unemployment and foreclosure rates, among the highest in the country.”

SB 7066 forces local police to question the immigration status of any person arrested, even for minor offenses such as traffic violations, and turn them to ICE even if they are not convicted of any crime. Several groups have announced protests this week, including a march on Tallahassee this Thursday to denounce such profiling bills.

Sarasota on Men’s Journal ‘Best Places to Live’

SARASOTA – In its April issue, Men’s Journal selects Sarasota as “the Best Place to Mix with Artists and Athletes.”

Men’s Journal includes Sarasota is its “Best Places to Live” feature.
The praise will be part of the magazine’s annual “Best Places to Live” feature. The editors selected 18 towns that they say have “mastered the art of living well.” They took into account factors such as the cost of living and the number of sunny days each year.

The issue will be on newsstands Friday

Jaensch Immigration Law Firm Will Award FREE VIP Tickets Sarasota Chillounge Night for THIS COMING SATURDAY

Jaensch Immigration Law Firm Will Award FREE VIP Tickets Sarasota Chillounge Night for THIS COMING SATURDAY
Jaensch Immigration Law Firm is a proud sponsor of Chillounge Nights in St. Petersburg and Sarasota.
The Chillounge Night in St. Petersburg was held on November 20, 2010, and was a huge success.

The Chillounge Night in Sarasota will take place THIS COMING SATURDAY (March 5, 2011) starting at 6 p.m.  The event will take place outdoors on Palm Avenue in downtown Sarasota.   The street will be transformed into a magnificent outdoor lounge featuring live music, al fresco dining, a full range of beverages, a Brazilian samba parade, a fashion show, and the famous Chillounge furniture collection (which now fills six truckloads).
Chillounge Night was conceived by Rainer Scheer of Sarasota.  Mr. Scheer has hosted Chillounge Nights in Sarasota, St. Petersburg, Tampa, Orlando, Ft. Lauderdale and Delray Beach, Florida, and the list of host cities continues to grow.  Each Chillounge Night event benefits local charities.  This year’s event will benefit UCP.
Jaensch Immigration Law Firm will be awarding free tickets to the VIP section of Chillounge Night in Sarasota.  The VIP section features free food, free cocktails and beverages, extra lounge seating, and a special proximity to all of the event festivities.  Anyone interested in the free tickets to the Sarasota event should email their name, email address and telephone number to Jaensch Immigration Law Firm care of: Veronica@VisaAmerica.com.  Two tickets will be awarded per person.  A drawing will be held if demand for tickets exceeds the number of VIP tickets available.  VIP tickets normally cost $100 per person.  General admission tickets are available at the gate or may be purchased on line at: https://t5.clicknprint.com/tix/SilverStream/Pages/pgIndex.html?siteID=2934

About Jaensch Immigration Law Firm: The law firm was established in Sarasota in 1984 and provides a wide range of immigration legal services to students, investors, entrepreneurs, professional and skilled workers, athletes, coaches, aliens with extraordinary and exceptional credentials and more.  The law firm is headed by P. Christopher Jaensch, Managing Partner, and Peter J. Jaensch, Founding Partner.  The main website of Jaensch Immigration Law Firm is www.VisaAmerica.com.  Its blog, which features local immigration news, is: www.ImmigrationSarasota.com.  For more information contact Firm Administrator, Veronica Garcia, at 941-366-9841 extension 303 or send email to Veronica@VisaAmerica.com.