“Bar Removal of Immigrants Who Dream and Grow the Economy” or the “BRIDGE Act” Introduces Provisional Protected Presence

Bar Removal of Immigrants Who Dream and Grow the Economy

We have seen a lot of legislations and executive orders being introduced in the past few weeks that are not so immigrant-friendly. Non-U.S. citizen are particularly worried about their future in this country. Among the concerned and confused are the 750,000 participants of the Deferred Action of Childhood Arrivals (DACA) program.

On January 12, 2017, the Senate and the House of Representatives separately introduced a bill called “Bar Removal of Immigrants Who Dream and Grow the Economy” or the “BRIDGE Act” [S. 128] (17021434) and [H.R. 496] (17021433). The BRIDGE Act authorizes the Secretary of Homeland Security to grant provisional protected presence for three (3) years. Provisional protected presence is granted if the alien—

(1) was born after June 15, 1981;

(2) entered the United States before attaining 16 years of age;

(3) continuously resided in the United States between June 15, 2007, and the date on which the alien files an application under this section;

(4) was physically present in the United States on June 15, 2012, and on the date on which the alien files an application under this section;

(5) was unlawfully present in the United States on June 15, 2012;

(6) on the date on which the alien files an application for provisional protected presence—

  • (A) is enrolled in school or in an education program assisting students in obtaining a regular high school diploma or its recognized equivalent under State law, or in passing a general educational development exam or other State-authorized exam;
  • (B) has graduated or obtained a certificate of completion from high school;
  • (C) has obtained a general educational development certificate; or
  • (D) is an honorably discharged veteran of the Coast Guard or Armed Forces of the United States;

(7) has not been convicted of—

  • (A) a felony;
  • (B) a significant misdemeanor; or
  • (C) three or more misdemeanors not occurring on the same date and not arising out of the same act, omission, or scheme of misconduct; and

(8) does not otherwise pose a threat to national security or a threat to public safety.

Provisional protected presence looks extremely similar to DACA (except for a few word changes). A person qualifies for DACA is he or she:

(1) Was under the age of 31 as of June 15, 2012;

(2) Came to the United States before reaching 16th birthday;

(3) Has continuously resided in the United States since June 15, 2007, up to the present time;

(4) Was physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;

(5) Had no lawful status on June 15, 2012;

(6) Is currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and;

(7) Has not been convicted of a felony, significant misdemeanor,or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

If granted Provisional protected presence, the alien is not considered to be unlawfully present in the United States.

在美国参军但是基础训练一直被延迟怎么办?

在 INA§329 的军队公民申请计划下,MAVNI预备役军人,但BCT的日期被延迟或取消,也可以有资格入籍。换句话说,只要服役一天就可以使得外国国民有资格入籍。我们的办公室已成功帮助许多MAVNI预备役军人提交申请公民文书。如果您的BCT延迟,您可能仍有资格成为美国公民。

目前有很多关于MAVNI项目的谣言以及诉讼。大家需要牢记的是,并不是发生在其他人身上的情况久肯定会发生在你的身上。每个人的案子都是不同的,有时候就是一个小细节的差别。请致电913-717-7112了解您的选项。

American Immigration Lawyers Association: Targeted ICE Enforcement Actions Underway

American Immigration Lawyers Association (AILA) reported that “ICE has once again commenced targeted enforcement actions by reinstituting ‘Operation Cross Check’.” Arrests, raids, inspections are being reported across the country.

President Trump’s Executive Order on interior enforcement could potentially affect a broad range of individuals.

Currently, AILA reports the ICE targeted operations are focused on three populations:

  1. Fugitives – Anyone with an outstanding order of removal;
  2. Individuals who reentered the U.S. after they were deported;
  3. At large “criminal aliens” – Anyone with any criminal conviction, mainly violent crimes, sex offenders, prior felonies, etc.

If you or your loved ones are caught up in the ICE sweep, you need a competent and experienced immigration attorney to guide you through the complex immigration system. Call 913-717-7112 today for a free consultation.

美国移民律师协会(AILA)报告说,移民海关执法(ICE)已通过恢复行动交叉检查. ICE再次开始有针对性的执法行动。 川普总统关于内部执行的行政命令可能会有广泛影响涉及很多移民或者非法移民。据报道,美国全国各地都有逮捕,快速突击检查,和实地视察。

目前,美国移民律师协会报告移民海关执法的目标行动的重点是三种人群:

  1. 逃犯 – 任何有递解令在身的人;
  2. 在被驱逐出境后重新入境的人;
  3. 任何有刑事纪录的移民以及非移民,主要是暴力犯罪行为,性侵罪犯,有重罪在身的人群

如果你或你的亲人被困在移民监狱中,你需要一个经验丰富的移民律师来指导你完成复杂的美国移民法律系统。 致电913-717-7112 | 免费咨询。

White House Memo on Executive Order “Protecting the Nation from Foreign Terrorist Entry into the United States”

Section 3(c) of the Executive Order entitled “Protecting the Nation from Foreign Terrorist Entry into the United States” (Jan. 27, 2017) DOES NOT apply to lawful permanent residents of the United States. Section 3(c) suspends for 90 days the entry into the United States of certain aliens from certain countries.

Read the White House memo here: 17020300

Fiscal Year 2017 – Options for Military Accessions Vital to the National Interest (MAVNI Program) Applicants, Enlistees, and Service Members in Delayed Entry Program (DEP)

Options for Military Accessions Vital to the National Interest (MAVNI Program) enlistees in the Delayed Entry Program (DEP) – whose entry has now been delayed or cancelled – have two potential options: (1) Deferred Action and/or (2) Naturalization.

  • You should file for Deferred Action even if you have other immigration options pending. New protocol requires each MAVNI enlistee have his or her immigration status checked before basic training. People who have fallen out of immigration status or authorized stay will not be permitted to basic training. In other words, the enlistees need to maintain lawful/authorized status or Deferred Action to save their MAVNI seat. If you are eligible for naturalization, please also consider applying for Deferred Action because of the lengthy delays in naturalization screening and security clearance.
  • In addition, under military naturalization of INA § 329, MAVNI enlistees already serving honorably on active duty, Selected Reserve of the ready reserve, including any drilling Army Reserve MAVNI enlistee whose ship date to BCT is delayed or cancelled, are eligible to naturalize. In other words, one day of service in the Selected Reserve makes a foreign national eligible to naturalize. Further information about the filing process for military naturalization is available through the USCIS web page.

Call 913-717-7112 today to find out about your options as an MAVNI enlistee. Our office has successfully helped many MAVNI enlistees obtain the necessary naturalization paperwork. If your BCT is delayed, you may still qualify to become a U.S. citizen. 

2017年H-1B何去何从?

加利福尼亚州议员Zoe Lofgren引进给美国众议院的2017年高技能完整性和公平法案(The High-Skilled Integrity and Fairness Act of 2017)要求新的H-1B工资至13万美元。使得公司难以使用H-1B计划替换美国雇员。

这项法案同时删除了基于就业的移民签证的“每个国家”上限,使所有工人得到更公平的待遇。另外来说的话,这项法案建立从F-1学生身份到合法永久居留的桥梁,取消对学生和其他临时签证持有人的签证障碍,并通过精简H-1B申请要求和减少行政费用。

Lofgren说她的法案要求 将H-1B计划重新聚焦到它原来的意图 – 寻找和找到世界上最好和最聪明的人,并补充美国劳动力有有才华,高薪,高技能的工人,帮助创造就业 这里在美国,不替换他们。

同时,参议员谢尔德·布朗宣布在参议院引进H-1B和L-1签证改革法案(H-1B and L-1 Visa Reform Act),他说,他的法案将堵塞H-1B和L-1签证计划的漏洞,并为美国工人和签证持有人提供更多的保护。

ICE Update: Implementation of New Executive Orders | ICE更新:执行新的行政命令

As of Thursday, January 26, 2017, ICE headquarter had not issued new directives or guidance on how to implement the Executive Orders signed by President Trump. However, some local ICE offices, including Kansas City Office of Chief Counsel, will hold requests for prosecutorial discretion (PD) in abeyance .

截至2017年1月26日星期四,ICE总部未就如何实施特朗普总统签署的行政命令发布新的指令或指导。 然而,一些地方ICE办公室,包括堪萨斯城移民顾问办公室,将暂停prosecutorial discretion (PD)请求。