posted on July 27, 2016 by

Who Is Affected by the Supreme Court’s Ruling on Immigration Reform?

This June the Supreme Court reached a ruling on President Obama’s immigration plan. The Deferred Action for Parents of Americans (DAPA) executive order proposed a temporary reprieve from deportation for undocumented immigrants who have resided in the United States since 2010 and have a child who is a citizen or a lawful permanent resident. The executive order also expanded Deferred Action for Childhood Arrivals, broadening the scope of immigrant children eligible for relief. On June 23, 2016 the Supreme Court reached a 4-4 deadlock, effectively blocking Obama’s executive order by leaving in place a decision of the lower federal appeals court.

What the Supreme Court’s Decision Means for Immigrants

immigration reform rallyThe Supreme Court’s ruling affects as many as 5 million immigrants currently residing in the U.S. Undocumented immigrants whose legal status hung in the balance are now unable to seek relief from deportation. According to the Migration Policy Institute, 3.6 million people living in the U.S. are undocumented parents of underaged legal permanent residents or U.S. citizens. In all, approximately 10 million people, including legal immigrants, undocumented immigrants, and lawful citizens, live in households affected by the Supreme Court’s ruling. In addition to providing temporary relief from deportation for parents of lawful residents, the plan proposed expanded deferred action for undocumented immigrants who were brought to this country as children, but were not eligible for relief under a 2012 executive action. Immigrants protected by the 2012 action are not affected by the 2016 Supreme Court ruling.

Are You Affected by Obama’s Blocked Immigration Plan?

The proposed DAPA/DACA+ policy contained specific parameters for granting relief from deportation. To qualify for President Obama’s proposed DAPA plan, immigrants would have needed to:

  • Have a child born in the US before November 21, 2014
  • Have permanently resided in the US since January 1, 2010
  • Pay taxes (or be willing to pay taxes)
  • Have committed no significant crime or posed any threat to US National Security

To qualify for the DACA+, immigrants must have:

  • Been a child brought to the US illegally before January 1, 2010
  • Have resided in the US before their 16th birthdays
  • Been in school, have graduated or earned a GED, or have been honorably discharged from the military
  • Have committed no significant crime or posed any threat to US National Security

The President’s executive orders would have made it possible for qualifying immigrants to seek a reprieve from deportation, as well as legally authorizing undocumented immigrants to work as long as they paid taxes. The Supreme Court decision leaves the fate of millions of immigrants up in the air, with no clear legislative or executive plan to allow them to continue to stay in our country, contribute to our economy, and pay their fair share of taxes.

The attorneys of Brownstein & Nguyen law offices have decades of experience dealing with complicated immigration cases. For legal advice or assistance on immigration law in Atlanta, please contact our offices.

Immigration Rally

Filed Under: General News, Immigration, Immigration Law, Immigration Reform, Uncategorized
posted on July 3, 2016 by

Immigration, Executive Orders, and the Supreme Court

The Supreme Court recently heard and decided the case of USA v Texas. This lawsuit was instituted by twenty six states, challenging the constitutionality of President Obama’s immigration executive actions, including the 2014 executive order creating DAPA (Deferred Action for Parents of Americans). This program provided deferred action from removal (or deportation) to law-abiding immigrants. About 4 million immigrant parents of children born in the United States would have qualified under the program, allowing them to remain in the U.S for up to 3 years.

Passports and Visas AtlantaPresident Obama vs. the Supreme Court

The primary question before the Supreme Court involved the extent of the president’s power to interpret and implement federal laws in a manner consistent with his own policy goals. Article II of the constitution obligates the president to ensure that laws are faithfully executed, a provision with its roots in the American Revolution. Another controversial issue raised by this case is the tradition of prosecutorial discretion, or the ability of the executive branch to determine whether to prosecute individuals who are accused of violating federal law. Could the executive branch rely on a traditional exercise of discretion in delaying deportation in the least crucial immigration cases?

Historic Precedence

The Obama administration relied upon the 1985 ruling in Heckler v. Chaney to support the constitutionality of DAPA. In that case, the Supreme Court found that the Food & Drug Administration could legally exercise discretion not to enforce a governing statute. However, the court further observed that the principal of prosecutorial discretion is not unlimited. For instance, this principal cannot be employed to justify a broad policy decision that would exclude an agency’s legal duties (e.g., the executive branch is not allowed to stop enforcing duly enacted federal drug policies). The Supreme Court therefore needed to decided in USA v. Texas whether Obama’s immigration policy was akin to a prosecutor refusing to press charges in certain cases, or whether it was a broad policy decision that abdicated the executive branch’s constitutional duty to faithfully execute the law.

Supreme Court Deadlock

Following the death of Justice Antonin Scalia, only 8 Justices of the Supreme Court heard the case of USA v. Texas. The court deadlocked on the constitutional questions before it, with a split vote of 4 to 4. Unfortunately, this amounts to a non-decision and leaves in place a lower appeals court ruling permanently blocking President Obama’s executive actions on immigration. As a result of the Supreme Court’s failure to affirmatively decide this important issue, millions of law-abiding residents who would have been eligible for relief under DAPA may one day face deportation despite having U.S. born children with lives here and who need their parents for support.

At the Atlanta attorney offices of Brownstein & Nguyen, we have decades of experience handling matters for thousands of clients in the complicated area of immigration law. If you, a family member or friend need help with legal immigration, contact our offices for a case evaluation.

Filed Under: All Postings, Immigration, Immigration Law, Immigration Reform
posted on July 3, 2016 by

Pitfalls in the Citizenship Approval Process

Despite the seemingly straightforward steps listed on the U.S. Citizenship and Immigration Services (USCIS) website, acquiring U.S. citizenship is not a simple undertaking. For example the second step – “determine if you are eligible” – is deceptively complicated. While at first it appears to be a simple “yes” or “no” answer, within that question is an eligibility worksheet that lists 15 mandatory factors.

Residency Requirements

Generally, applicants seeking citizenship must have been a permanent resident for at least five years. This means that the applicant both (1) possesses a permanent residency card (green card) and (2) has lived in the U.S. for five years. Residency can be established in a variety of ways including mortgages, rental agreements, utility bills and other documents that substantiate residency.Passports and Visas Atlanta

The USCIS also examines how often applicants leave the country during their residency period. Applicants cannot live or travel outside of the United States for a cumulative total of 30 months or more. However, exceptions might apply if trips outside the U.S. are unavoidable, for example extended family visits for medical reasons. Additionally, within those 30 months no single trip can last longer than a year unless a specific exception in the law applies.

Tax Requirements

An additional requirement not included in the eligibility worksheet is being current on all U.S. tax obligations. all applicants must file tax returns and either (1) pay any overdue tax debts or (2) be in good standing in a repayment program.

The above are only a few of the many issues to look at when determining eligibility for citizenship. For more information about citizenship, check out our website here.

If you believe that you meet all the requirements for citizenship, that is not the end of the process. The USCIS can and does request supporting documentation to substantiate each eligibility factor. Tracking eligibility and maintaining documentation is critical for a smooth approval process. The immigration approval process is complicated and full of pitfalls. For example, if an LPR (lawful permanent resident) overstayed their visa, is ineligible for continued residence, or deemed removable from the United States for any one of myriad reasons, filing a citizenship petition can result in the USCIC placing the applicant into removal proceedings.

Seeking legal advice early in the process is one of the best ways to avoid problems, delays or denials of citizenship applications. For expert assistance with citizenship and other legal immigration needs, contact the immigration attorneys at Brownstein & Nguyen today.

Filed Under: All Postings, Immigration, Immigration Law
posted on April 29, 2016 by

Seeking Residence in the United States is a Big Step

There are several routes to living in the United States for prospective Vietnamese immigrants. Immigrating from another country, or helping another person immigrate, is a daunting proposition. However, armed with a little knowledge and the proper legal assistance, Vietnamese immigrants and their families will find the journey to calling the U.S. home far easier.

Immigrant and Non-Immigrant Visas

A visa is a permit that allows the holder to enter the United States. Generally, there are two types of visas: non-immigrant visas and immigrant visas. Both of these visas are obtained through a country’s American consulate.

A non-immigrant visa indicates an intention to visit, or to stay only temporarily; after this period, the individual is expected to return to their home country. In general, only immigrant visas allow for permanent emigration to the United States. However, applicants should keep in mind that the U.S. Department of State issues temporary visas to applicants who are coming to the U.S. because of a spouse or a fiancée, which last for a limited time so the applicant can apply for a permanent residency visa. This process, as well as other situations where an individual with a non-immigrant visa applies for a permanent immigrant visa, is known as “adjustment of status.”

Green Cards, Families and Employment

To immigrate to the U.S. on a permanent basis, prospective Vietnamese immigrants must apply for an immigrant visa, also called a “green card.” A green card provides lawful permanent resident status, which means that the immigrant may reside in the U.S. indefinitely, with full legal sanction.

To obtain a green card, the prospective immigrant needs to provide a reason for emigration from their home country. The two most common types of immigrant visas applied for by Vietnamese applicants are family-based visas, meaning the applicant has a family member already living in the U.S. and wants to join them, and employment-based visas where the applicant has a job opportunity in the U.S. or whose current job is being transferred to the U.S.

green cardsOther Routes to a Green Card

There are other routes, however, that Vietnamese immigrants can use to apply for a green card. For instance, religious ministers from Vietnam working in the U.S. can apply for a permanent visa, and so can investors and job creators from Vietnam.

Additionally, the State Department allots several thousand visas each year for the so called “green card lottery”, which awards green cards randomly to applicants from less-commonly represented countries. Owing to the significant number of Vietnamese immigrants coming to U.S. each year by other means, typically very few lottery green cards are awarded to Vietnamese immigrants.

There are a finite number of green cards available each year in many of the categories. Potential immigrants or their family members can check with U.S. Citizenship and Immigration Services, to CIS, to find out how many (if any) are available for a given year.

Applying for a Green Card

First, a potential immigrant must send their application to CIS. Once CIS approves this initial application, the immigrant may proceed with the full application according to CIS’ guidelines, and provide all supplementary materials.

The prospective immigrant must submit fingerprints at a location which the CIS provides to them. The fingerprints are used to conduct a background check. The applicant must also attend an interview at a time and place CIS designates.

Applicants also need to submit to a full medical examination, and provide all corresponding records. They should also submit a document called an affidavit of support, which establishes a sponsor’s support of the immigrant’s application.

 The immigration law team at Brownstein & Nguyen has helped thousands of clients with their immigration needs, including immigrant and non-immigrant visa applications. Contact us for the legal support you need and count on in pursuing U.S. residency, citizenship and other immigration needs.

Filed Under: All Postings, Featured, Immigration, Immigration Law
posted on February 18, 2016 by

A Closer Look at the EB-5 Program

The primary purposes of the EB-5 investment visa program, enacted into law by Congress in 1990, were to stimulate the U.S. economy and provide for a means of attracting additional foreign investments. In theory, and when the EB-5 program is used properly, the economic boost is evident through the specific requirements for job creation and capital investment.

Unfortunately, over the years unscrupulous real estate developers and other promoters have discovered and exploited loopholes in the EB-5 program, resulting in it not working as intended in some cases. While overall the program has been a success and achieved its stated goals, it is currently under attack due to suspected fraud, abuse, and national security concerns. As with any program, change is needed to keep up with current times. On and after February 11, 2016 proactive changes may come about as the result of an examination of the EB-5 program by the House Judiciary Committee.

At present, the EB-5 program has two main criteria that must be met for a given investment to potentially qualify for a visa. These requirements include specific details regarding anticipated job creation in a targeted geographic area and a minimum capital investment that must take place in conjunction with the granting of an EB-5 Visa.

EB-5 Job Creation RequirementsImmigration

The United States Citizenship and Immigration Services (USCIS) defines job creation requirements. As outlined on the uscis.gov website, the EB-5 program should, “Create or preserve at least 10 full-time jobs for qualifying U.S. workers within two years (or under certain circumstances, within a reasonable time after the two-year period) of the immigrant investor’s admission to the United States as a Conditional Permanent Resident.”

Specific definitions and details are provided regarding job creation requirements, including those relating to troubled businesses, qualified employees, full-time employment, and job-sharing arrangements is further detailed.

EB-5 Capital Investment Requirements

The capital requirement for the EB-5 Program currently is a minimum of $500,000 to $1 million readily available to invest in the U.S. depending on the nature of the specific investment. The standard investment amount required for an EB-5 visa is $1 million. However, when the investment involves a targeted employment area (defined as either rural or an area with high unemployment), the minimum qualifying investment drops to $500,000. Investment capital must be shown to come from personal sources, and may not be borrowed.

The EB-5 Program is currently under a political microscope for suspected fraud and abuse. A recent  press release put out by the House Judiciary Committee states: “Regional centers gerrymander targeted employment areas around poor areas in order to come in at a lower investment level that was intended to incentivize investments in rural and distressed urban areas, even when investing in luxury high-rises in affluent areas. Various agencies and government watchdogs have also identified national security concerns with this program, including economic espionage, use by foreign government agents and terrorists, and money laundering.”

Only time will tell what the future holds for the EB-5 program. At Brownstein & Nguyen, we keep a watchful eye on current events and reforms associated with immigration law. Our goal is to serve and educate clients to the best of our ability for all of their immigration needs. Contact us today for a consultation with the Atlanta immigration lawyers at Brownstein & Nguyen.

Filed Under: All Postings, Immigration, Immigration Law, Immigration Reform
posted on January 17, 2016 by

Legal Update on the Journey of Unaccompanied Minors

What is the current status of the legal and humanitarian problem of unaccompanied minors?

The number of unaccompanied minors, or minors entering the United States without adult guardians, seems to have slowed. Some 67,000 unaccompanied children crossed the border in 2014, while in 2015 that number dropped to less than 20,000. Moral questions aside, the United States is legally bound to ensure that it does not deport refugees to any country in which they face persecution. This requires the government to investigate the circumstances for each refugee to determine eligibility for refugee or humanitarian status.

Changing Detention Procedures

Not AloneDuring the height of the unaccompanied minor crisis, children were apprehended and detained in border facilities pending a resolution of their application. However, if a child had family or a legal guardian present in the United States, the child is eligible to be released into their care pending their application for adjustment of status. As of June 1, 2015, Congress urged the Border Patrol to reduce detentions. In response, Border Patrol has been coordinating with state foster and child care agencies and facilities to move children out of detention facilities and into better family-friendly environments.

In-Country Processing Program

In November 2014, the State Department launched the in-country processing program in El Salvador, Guatemala, and Honduras. Through this program, parents may submit refugee applications in their home country. This process allows children of refuges to remain with their parents pending their application status. The idea is to offer safe legal alternatives to the perilous journey north.

The goal of this program, coupled with increased security at the Mexican southern border, is designed to slow the movement of unaccompanied minors into the United States. The journey is expensive and dangerous for the children who attempt it. It is less expensive, both fiscally and morally, for the United States to process refugees in-country and safer for children to remain with their parents while waiting the processing of their application for refugee status.

It is important to be aware of the often complicated and lengthy legal immigration process. If you or a loved one needs support navigating the immigration system in the United States, contact the Atlanta experienced immigration attorneys at Brownstein & Nguyen.

Filed Under: All Postings, Immigration, Immigration Law
posted on December 18, 2015 by

EB-5 Debate Continues

With concerns over fraud and poor oversight, the debate over EB-5 visas has prompted Congress to respond with a draft to renew current EB-5 legislation that is set to expire on December 11, 2015. This concern is related to the many high-end real estate projects in larger cities that have benefited with job creation from the program for the past several years. Meanwhile, smaller projects in more rural areas or impoverished areas may have been crowded out of the program because of the limited number of green cards available each year to foreign investors.Construction

Proposed Changes

With this draft, which is co-sponsored by Senators Charles Grassley and Patrick Leahy, proposed changes to EB-5 program seek to prevent future program abuses from occurring. It’s expected that these changes will increase opportunities for investors with smaller projects to qualify for EB-5 visas.

Included in the draft legislation:

  • The number of green cards for lower level projects would increase from 3,000 to 4,000 out of the 10,000 EB-5 visas available.
  • Projects, including government infrastructure or manufacturing would be placed in their own categories that will qualify them for a lower fundraising level, along with those in designated federal economic development zones.
  • Fundraising levels would rise from $500k to $800k for lower level projects and from $1 million to $1.2 million for larger projects.
  • To qualify for high unemployment area benefits, the location of the project would need to take place or next to a census tract that has an unemployment rate of that is equal or more than 150% of the national average.
  • Projects located in areas where the poverty rate is 20% or higher will qualify for additional consideration with other federal economic development programs.

Don’t struggle with the EB-5 process alone. Contact the immigration law experts at Brownstein & Nguyen.

Filed Under: All Postings, Immigration, Immigration Law, Immigration Reform
posted on December 3, 2015 by

Immigration and Holiday Traditions

With the arrival of the holiday season, many people are gathering with family and friends to celebrate the holidays. One thing about living in the United States – there is no one single way to celebrate a holiday. Many families integrate different customs that have roots in their native countries as they celebrate the holidays. Since the pilgrims first arrived and countless others emigrated to this country from around the world, there has always been a connection between immigration and holiday traditions.

Origins of Thanksgiving

To celebrate their first successful corn harvest, the Pilgrims held a feast to celebrate with their Native American friends. This feast became known as the first Thanksgiving in America. However, the origin of celebrating a successful harvest has roots in ancient civilizations, such as those of the Romans, Greeks, and Egyptians who often paid tribute to their deities. The concept of Thanksgiving also bears a striking resemblance to the Jewish harvest festival known as Sukkot.

Origins of Christmas TraditionsImmigration

Up until the 19th century, Christmas was not really celebrated in the United States because the holiday had been outlawed by the pilgrims. However, the holiday’s popularity grew with an influx of German immigrants during the 1800s. While Christmas is known as a Christian holiday, many of the customs celebrated today come from pagan roots that originated in Germany. The holiday was originally intended to celebrate the winter solstice. Customs such as Christmas trees, caroling, exchanging gifts, gingerbread houses and good old Saint Nick are a result of German influence.

When it comes to family immigration, contact the Atlanta immigration law offices of Brownstein & Nguyen for assistance. While celebrating the holidays this year, think about how immigration and holiday traditions have an impact on how you celebrate. It is a great way to honor your heritage.

Filed Under: All Postings, General News, Immigration, Immigration Law
posted on October 9, 2015 by

Employment Visas and EB-5 Updates

Thousands of foreign workers employed in various occupations are welcomed into the United States every year. All of these workers – artists, researchers, information technology specialists, religious workers, scientists and others from numerous occupations – must obtain permission to work in the U.S. by obtaining an employment visa.

Temporary (Non-immigrant) Worker Visa

This visa is for an individual asking to enter the United States on a temporary basis for a specific purpose. Applicants are restricted to the activities and purpose(s) they listed in their visa request.

Permanent (Immigrant) Worker Visa

This visa is for an individual who has been authorized to live and work permanently in the United States.

Students and Exchange Visitors Visas

Students and exchange visitors are allowed to work in the United States under specified circumstances.

Temporary Visitors for Business

To enter the United States for business purposes requires a visa as a temporary visitor for business (B-1 Visa).

EB-5 Immigrant Investor Program

Under the EB-5 Immigrant Investor Program administered by the USCIS,  entrepreneurs, their spouse and unmarried children under the age of 21 can apply for a green card to gain permanent residence if: they make the necessary investment in a commercial enterprise and plan to create ten permanent full time jobs for United States workers.

Employment Visa AtlantaThis program was created by Congress in 1990 as a means to stimulate the U.S. economy. The dual goals were to create jobs and increase capital investment by foreign investors.

Association to Invest in USA (IIUSA) reports this program has brought many investments from Great Britain, Canada and South Korea, with the most investments in recent years coming from China. Since it was created, the EB-5 Visa Program has brought 6.8 billion dollars into the U.S. and has issued more than 29,000 visas.

Small Business and EB-5 Investment Visas

For a small business to attract an EB-5 investment, the business needs a project set up to raise funds, be financially viable and marketable, and prove there will be a creation of jobs and have a clear exit strategy to return funds to investors. Small business owners have tough competition in this market from ventures promoting larger projects, such as multi-million dollar real estate developments. Foreign investors have been drawn to larger-scale and higher profile investments.

The EB-5 process takes a lot of time, patience and expertise. Experts advise businesses interested to get in touch with the USCIS EB-5 Regional Center in their area as they can help ensure a proposed project fits the parameters of the program. Experts also advise being careful and as complete as you can when filing.

Reforms are being made to the EB-5 Regional Center Program, in large part to address abuses by some promoters. Industry stakeholders should take this opportunity to present their thoughts on how reforms can be implemented in a way that both supports job creation and foreign investment efforts. Congress recently passed a temporary extension of the program through December 2015.

In 2014, President Obama took action concerning immigrants entering our country illegally to find employment. He has announced three steps to gain control of those illegally entering our country for employment:

  • Grant additional resources to border patrols to stem the flow.
  • Make it easier for highly skilled immigrants to stay and contribute to the economy.
  • Proposed measures to address the millions of undocumented immigrants already in the country.

Opponents of the President’s reforms subsequently went to court to block many of them, and were successful doing so. The U.S. immigration system remains in need of change today.

Today, applying for one of the many types of employment visas is an important avenue for those who wish to enter the United States legally for employment reasons.

The Atlanta immigration offices of Brownstein & Nguyen offer experienced and qualified help with employment visas, investment visas, and other immigration questions and assistance. Contact our Georgia immigration law offices today.

Filed Under: Business Law, Immigration, Immigration Law, Immigration Reform
posted on September 11, 2015 by

Studying in the United States

At Brownstein & Nguyen, we assist families and individuals pursuing their dreams by meeting their various immigration law needs. In some cases this may mean working with clients to obtain work visas, and in other cases it may mean assisting them in obtaining student visas.

Student Visa Facts

When it comes to entering the United States as a student, there are two types of student visas that may be obtained. The F-1 student visa is for those wishing to pursue academic study, while the M-1 vocational student visa is for those wishing to pursue vocational or recreational study.

Visa Renewal and Terms

Visa Limits

Each year, about 500,000 individuals take advantage of the opportunity to study in the United States with an F-1 student visa. There is no limit to the number of F-1 visas that may be issued each year. It is important to keep in mind that applying and being accepted into an academic program of study makes the process of obtaining an F-1 student visa easier.

Similarly, for individuals wishing to take on vocational or recreational studies there is no limit to the number of M-1 vocational student visas issued each year. However, it is recommended that acceptance into a vocational program or institution is obtained prior to pursuing an M-1 vocational student visa.

Navigating the requirements and legal process involved in gaining a student visa can be difficult at times. Experienced Atlanta immigration attorney Tien Nguyen is familiar with the law and procedures, and confidently assists those wishing to pursue an academic course of study or vocational course of study in the United States. If you or a loved one are in need of assistance in obtaining an M-1 vocational student visa or an F-1 student visa, do not hesitate to reach out to the Atlanta immigration law offices of Brownstein & Nguyen.

Filed Under: All Postings, Immigration, Immigration Law
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