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3250 Wilshire Blvd., Suite 1918
Los Angeles, CA 90010
Tel: (213)383-3222
Fax: (213)365-9922
Do You Have an Immigration Problem, A Citizenship Question? Together, We'll Find A Solution
9/17/2021 Issue
             The present immigration plan of the Biden administration is to create LEGALIZATION through the BUDGET PROCESS, but not for all 11-12 million non-citizens in the U.S., only for certain groups.
           The groups are: Dreamers, TPS (Temporary Protected Status) holders, agricultural workers, ESSENTIAL workers. The government says that these groups would cover 8 million non-citizens (and they would be required to pay a penalty of $1,500 in addition to regular Filing Fees).
           Still unknown is who are ESSENTIAL workers? Actually, who are WORKERS? A parent who stays home (father or mother) and cares for 3 children – is he or she an ESSENTIAL worker?
           The questions are many, but we have one, general, big question: why not say, simply, anyone who stayed in the U.S. illegally for more than a certain number of years (and is not a criminal, etc.) would be eligible for legalization? Is this too simple for this government? This is how President Reagan did legalization in 1986.
           Still, there is no law. Just a plan.
           People keep asking: “if the PLAN becomes LAW, and if I am covered – what do I need?
           With no law, just on the basis of experience and intuition, the documents that applicants would need, could be the following (as many as possible):
·        The passport with which you came to the U.S. and Form I-94, if you had them. If your passport expired, try to renew it (but do not give away the passport you came with).
·        If you entered without a passport and a visa, some other documents to show when your presence began in the U.S. Try to get a new passport.
·         Any kind of ID you may have, even expired ones, from any country.
·         Certificate of Birth, with English translation.
·          Copies of Income Tax Returns you had filed, as many as possible, with W-2 and 1099 Forms. If you never filed Tax Returns, start now. Even file “late” returns for the past 2 – 3 years, if it is not too difficult.
·          Any other proof of employment in the U.S., such as paystubs, banks statements, pictures, etc.
·           Prepare lists: all your past employments, past addresses in the U.S. Lists should show from what date to what date.
·           Personal, family documents, such as: certificates of marriage, divorce, death, birth of children, etc. (with English translation).
·           Activities in the U.S. such as: school records, medical records, church and social participation, etc.
·           Government contacts, especially any immigration papers, arrest records, etc.
·           Arrange everything in DATE order, for ease of processing.

Had enough? Now PRAY for the new law, any law, to pass.

           As of October 1, 2021, all applicants for Green Cards in the U.S., and all applicants for Immigrant visas at American Consulates outside the U.S., MUST provide proof of having completed the set of available Covid-19 vaccinations.
           This proof must be submitted to the authorized physicians conducting the medical exams which are required before the interview.
           Some EXEMPTIONS are available if a vaccine is not “medically appropriate”. This is an exemption on MEDICAL grounds, and the physician would make the decision.
However, if the applicant objects to vaccines on RELIGIOUS or MORAL CONVICTIONS, the applicant must apply for an individual WAIVER by filing Form I-601. The Immigration Service would make this decision.
           The FILING FEE for Form I-601 is $930, and the processing time is unpredictable – many months. Until then, the applicant must sit and wait for the Green Card or for the Immigrant Visa.
           Everything takes LONGER, and one of the LONGEST is the processing time of Form I-751. This is the Petition to Remove Condition on Residency that Green Card holders must file if their Green Cards were issued less than 2 years after their marriage.
           Until now, the FILING FEE receipt for Form I-751 included an AUTOMATIC extension of the Green Card for 18 months (1 1/2 years). As of September 2021, the automatic extension would be for 24 months (2 years).
           This is nice. But it would be nicer if USCIS would speed up the processing of the I-751.
           By the way, if a holder of a Conditional card plans to depart from the U.S. for a whole year or more, he or she still needs to file Form I-131 for a re-entry permit. The automatic extension is not good enough.
           One Court of Appeals REVERSED (cancelled) the Order of Removal (Deportation) against a non-citizen from Cameroon, because the Immigration Judge did not make sure that the applicant was capable of communicating properly, in English.
           The Presiding Judge of the Court of Appeals (3rd Circuit) said the following:
           “The stakes in removal proceedings – whether a noncitizen2 will be deported-could hardly be higher. But despite the high stakes, the outcomes of these proceedings
sometimes turn on minutiae. Small inconsistencies in a noncitizen's testimony can doom even those cases that might otherwise warrant relief.  To ensure testimony is not unfairly characterized as inconsistent, a noncitizen must be able to communicate effectively with the officials deciding his case. Because language barriers can make effective communication impossible, our Court has long recognized the importance of a
competent interpreter to ensure the fairness of proceedings to individuals who do not speak English. But what happens if an immigration official does not make a meaningful effort to determine whether a noncitizen has limited proficiency in English?”
           "Our case exemplifies this problem. Petitioner B.C., a native of Cameroon, primarily speaks "Pidgin" English, and reports that he has only limited abilities in the "Standard" English in which we write this opinion.”
           Since neither the Immigration Judge, nor the Board of Immigration Appeals (BIA) insisted that interpreter must be provided, the Court of Appeals cancelled the Deportation Order.
3250 Wilshire Blvd., Suite 1918
Los Angeles, CA 90010
(213) 383-3222