New Rule Posted by USCIS

USCIS has just published a new rule which "allows certain immediate relatives of U.S. citizens who are physically present in the United States and are seeking permanent residence to apply for and receive provisional unlawful presence waivers before departing the U.S. for consular processing of their immigrant visa applications abroad. This new process will significantly reduce the time that U.S. citizens are separated from their immediate relatives while those family members go through the immigrant visa process to become permanent residents.  Please note that this new process is not yet in effect and USCIS will not accept any applications until March 4, 2013."

This rule will allow spouses and parents of U.S. Citizens who are presently in the U.S. illegally to apply for a waiver before leaving the U.S. to be interviewed by the U.S. Consulate.  A telephone conference is scheduled with USCIS today at 3pm to discuss the rule in more detail.

Did You Know?...You Must Be Given A Copy Of Your Written Statement

If you give a written statement to an immigration officer at your interview you are entitled, by regulation, to receive a complete copy of your statement, free of charge.

It is very important that you ensure that you receive a complete copy of the statement for review by a qualified immigration attorney.  Ideally, before signing any statement presented by an immigration officer you should refuse to sign until you have had the opportunity to have the statement reviewed by an immigration attorney.  

Did You Know?...All Foreign Documents Included With An Application Must Include A Certified English Translation

Any foreign documents included with an application filed with USCIS must contain an English translation.  The translation does not have to be performed by a professional translator or service but can be done by an individual who is fluent in English and the language being translated.

Each translation should be accompanied with the following certification and signed by the translator:

CERTIFICATION OF TRANSLATION

          I,                                              , hereby certify that I am fluent in the English and                         languages and that each

attached document is an accurate translation from                                    to English.

                                               

(signature)

Name printed:

Address:

TEMPORARY PROTECTED STATUS EXTENDED FOR HAITIANS

On October 1, 2012 the Department of Homeland Security (DHS) announced the extention of Temporary Protected Status (TPS) for an additional 18 months for certain Haitian nationals living in the United States.  Extension of TPS for Haitians.

The re-registration period began on October 1st and ends on November 30th.  Haitians who have resided in the United States since January 12, 2011 and have previously registered for TPS must re-register during the 60 day period.

Why Matter of Arrabally and Yerrabelly is Important

As previously reported the BIA case of Matter of Arrabally and Yerrabelly was represented by the Law Offices Jon E. Jessen LLC.  The reason that Arrabally is significant is that an immigrant can now travel outside the U.S. with the permission of USCIS while their green card application is pending, without subjecting the immigrant to the ten year bar.  In addition, USCIS may extend the Arrabally decision to include travel for TPS, U visa and VAWA applicants.  Matter of Arrabally and Yerrabelly

Did You Know? A Sponsor For An Affidavit of Support Must File A Change Of Address Within 30 Days Or Risk A Penalty

A person (sponsor) who signs a financial affidavit of support on behalf of an immigrant is required, by federal law, to notify the U.S. Attorney General, as well as the State in which the sponsored immigrant is currently living, within 30 days of the sponsor's change of address.

Failure of the sponsor to notify the government of a change of address can result in a civil penalty of not less than $250 and not more than $2,500.  In addition, if the sponsor is aware that the sponsored immigrant is receiving public benefits and fails to notify the government of a change of address the fine is not less than $2,000 and not more than $5,000.

Landmark Case Represented By Law Offices Jon Jessen Confirmed by BIA

The case of Matter of Arrabally and Yerrabelly has been finalized by the Board of Immigration Appeals (BIA).

Law Offices Jon E. Jessen LLC represented Arrabally and Yerrabelly in this case.  The BIA originally issued a decision on this case on April 17, 2012 overturning the removal (deportation) orders issued by the Immigration Court against Arrabally and Yerrabelly.  The Department of Homeland Security (DHS) subsequently filed a motion to reconsider the decision of the BIA.  The motion filed by DHS did not challenge the decision of the BIA but requested clarification concerning the parole of an immigrant into the United States.

The case is signficant and will likely affect thousands of immigrants in the United States.  Prior to Arrabally/Yerrabelly United States Citizenship and Immigration Services (USCIS), BIA and the Immigration Courts held that an immigrant who was living in the United States illegally for more that one year, and left the United States with the permission of USCIS (known as advance parole), while their green card application was pending, would be subject to deportation and no longer eligible for the green card upon their return to the U.S.

The BIA has now held, based on Arrabally/Yerrabelly, that an immigrant can no longer be subject to deportation, and continues to be eligible for the green card, as long as he or she traveled outside of the U.S. with the permission of USCIS.  Matter of Arrabally and Yerrabelly