FAMILY IMMIGRATION NEWSLETTER
October 2018
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The Government Allows Green Card Applications to be Filed Early for October
The Government announced that for the month of October of 2018, applicants for adjustment of status (commonly known as Green Card) in both family and employment based categories can file their Green Card applications early according to the filing date charts.
This means that individuals may file their applications before the priority date becomes current. Filing early may allow individuals to obtain work and travel permits.
To review your options, please contact the experienced immigration attorneys at Monty & Ramirez LLP at 713-289-4546 or via email at
info@montyramirezlaw.com
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What is Happening with DACA?
The fate of the Deferred Action for Childhood Arrivals program, known as DACA, continues to be unknown. DACA is currently being litigated in different parts of the country. However, it is important to note that at this time individuals who have DACA or who have had DACA can continue submitting their renewal applications. Individuals who have never had DACA are not eligible to apply for the first time at this time.
Current DACA holders:
- Should renew if DACA expires within the next 150 days to avoid any gaps in their work permits.
- If your DACA expires between 151-365 days, you may consider applying to renew early. However, your new work permit will be issued for a shorter period of time.
Individuals with expired or terminated DACA status:
- If an individual's DACA status has expired more than a year before renewing, they will need to submit a renewal as an initial DACA application with ALL documents needed to prove initial eligibility for DACA.
- If your DACA has been terminated or revoked, please review your case with an attorney before submitting a renewal package.
For more information regarding DACA updates, please contact the experienced immigration attorneys at Monty & Ramirez LLP at 713-289-4546 or via email at
info@montyramirezlaw.com
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Immigration Court Backlog
The Immigration Court’s backlog of deportation cases continues rising. As of the end of May 2018, the number of cases waiting to be heard reached an all-time high of 714,067. During President Trump’s term the backlog of cases has increased by almost a third.
This backlog can be attributed to various issues such as lack of immigration judges, end of priorities that targeted the most dangerous cases and changes in policy regarding administrative closure.
To tackle on this backlog the Trump administration has implemented many policies that will affect individuals currently awaiting a hearing on their immigration case. As part of the Administration’s attempt to handle the backlog it has reversed the Obama-era policy that allowed prosecutors to indefinitely postpone low-priority cases. In addition, requesting and being granted a motion to continue an individual’s immigration case has also been severely reduced.
If you have a deportation case, please continue to monitor your hearing date and inform the court or your attorney of any changes to your phone number or address.
To obtain more information regarding the Trump administration backlog and how it can affect your immigration case, please contact the experienced immigration attorneys at Monty & Ramirez LLP at 713-289-4546 or via email at
info@montyramirezlaw.com
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The Government Implements Change in Policy Regarding Request for Evidence & Notice of Intent to Deny
The Government implemented a change in policy regarding Requests for Evidence (RFE) and Notices of Intent to Deny (NOID). This policy entered into effect on September 11, 2018 and applies to ALL applications, petitions, and requests, with the exception of DACA applications, received
after
this date.
This new guidance gives the government full discretion to deny applications, petitions, or requests without first issuing an RFE or a NOID when the evidence initially submitted fails to establish eligibility for the benefit requested. Government officials may now issue a denial without sending a RFE or NOID in cases filed without sufficient initial evidence. This new policy is likely to result in a significant increase of cases being denied without any opportunity for the applicant to provide additional evidence of eligibility or the ability to cure initial lack of or defects in evidence.
It is extremely important now more than ever to ensure that your applications and petitions are submitted with the necessary evidence in order to avoid receiving a denial. A denial will result not only in losing your money but also may result in deportation. The recommendation to all applicants is to consult with an Immigration Attorney before submitting any immigration applications.
For more information regarding Government's policy change and how it could affect your case, please contact the experienced immigration attorneys at Monty & Ramirez LLP at 713-289-4546 or via email at
info@montyramirezlaw.com
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Proposed Rule Would Force Immigrants to go Without Benefits or Risk Not Obtaining Lawful Permanent Status
On September 22, 2018, the Trump Administration announced a proposed rule being worked on that, if implemented, would prevent immigrants from becoming Lawful Permanent Residents if they have received some type of basic health care support, nutrition assistance, or other services.
Please note that this is not yet currently in effect. The public will have the opportunity to prevent this "proposed" rule from becoming part of the law, by submitting comments in opposition to it once the proposed rule is published.
We will keep you posted with any additional information regarding this proposed rule.
If you have questions regarding this proposed rule, contact the experienced immigration attorneys at Monty & Ramirez LLP at 713-289-4546 or via email at
info@montyramirezlaw.com
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You May Have Received a Text Message or E-Mail from the Government between Sept. 17 — Sept. 20, 2018
If you are a Lawful Permanent Resident (LPR) and your green card has expired or is about to expire, you may have received a text message or e-mail from the Government between September 17 and September 20, 2018. The text message or e-mail gave information about filing Form I-90 to begin the renewal process.
It is important to remember that you should use only websites ending in
.gov
for official information from the Government. Any e-mails or text messages sent by the Government will include a link that will take you directly to the Government website and the link will
always end in
.gov. The Government will NEVER ask for any personal information in these messages.
Do not be alarmed if you received this e-mail or text message. If you have questions regarding the e-mail or text messages sent to you, contact the experienced immigration attorneys at Monty & Ramirez LLP at 713-289-4546 or via e-mail at
info@montyramirezlaw.com
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The October 2018 Visa Bulletin Has Arrived!
If you have questions about the October 2018 Visa Bulletin, contact the experienced immigration attorneys at Monty & Ramirez LLP at 713-289-4546 or via email at
info@montyramirezlaw.com
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FREE Immigration Seminars
To meet with an attorney and have your questions answered, please consider signing up for our free immigration seminars.
Date:
Saturday, October 13, 2018 at 9:30 AM
Location:
150 W. Parker Road, Third Floor, Houston, Texas 77076
Call now to reserve your seat at 713-289-4546
OR
Date: Wednesday, October 24, 2018 at 6:00 PM
Location: 150 W. Parker Road, Third Floor, Houston, Texas 77076
Call now to reserve your seat at 713-289-4546
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Know Your Rights!
If you are a victim of a violent crime you may qualify for a U visa:
- A U visa is a non-immigrant visa which is set aside for individuals who are victims of a qualified violent crime in the United States.
- Additionally, the victim has to show that she/he has suffered substantial mental or physical abuse in the United States; and has assisted law enforcement with the investigation and prosecution of the crime.
If you were hurt in a car accident or due to medical negligence, you have a right to seek Representation and Compensation due to your pain and suffering, regardless of your immigration status.
If you are a victim of a crime or have suffered due to a car accident or a medical provider's medical negligence, contact the experienced immigration attorneys at Monty & Ramirez LLP at 713-289-4546 or via email at
info@montyramirezlaw.com
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Monty & Ramirez LLP
150 W. Parker Road, 3rd Floor
Houston, Texas 77076
Phone: 281.493.5529
Family Immigration: 713.289.4546
Toll-Free: 1.866.427.0152
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