El bufete de abogado Michael A. Pezzuto se dedica a proporcionar , cliente amigable , agresivo , eficaz y accesible representación legal profesional y asistencia para la Inmigración.
Con respecto a la inmigración ayudamos a los empleadores que tratan de obtener visas para sus trabajadores, y ayudar a la gente patrocinar a sus parientes. Nuestro bufete de abogados se ha comprometido a hacer una diferencia positiva en las vidas de todos los que buscan la justicia y la equidad en el sistema jurídico. Esperamos que este sitio web puede servir como una herramienta para ayudar a tomar la decisión adecuada para la representación legal al tratar de resolver cualquier asunto de inmigración usted o sus seres queridos desafían los membros de su familia.
All cases are different. Your case may have similarities with some of the facts and law set out on this website. However, there may be details that make your case require more in depth review by an attorney. The information on this website is for public educational use only and not intended to be a substitute for a legal consultation. Please consult an immigration lawyer before taking action on your case.
THE NEW "PROVISIONAL WAIVER" RULE STARTS 08/29/2016
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced a final rule expanding the existing provisional waiver process to allow certain individuals who are family members of U.S. citizens and lawful permanent residents (LPRs), and who are statutorily eligible for immigrant visas, to more easily navigate the immigration process. This process goes into effect on August 29, 2016.
To understand the new rule it is necessary to know certain phrases: “Sponsor” who can also be called a “Petitioner” and a “Qualifying Relative.” The “Sponsor/Petitioner” is the person sponsoring the immigrant for the green card. The “Qualifying Relative” is person who will experience the “extreme hardship” if the immigrant cannot return to the U.S. after the interview at the U.S. embassy or consulate outside of the U.S. A “Qualifying Relative” can only be a person who is a U.S. citizen or a lawful permanent resident of the U.S. and is the spouse or parent of the intending immigrant.
How the provisional waiver process works:
Before January of 2013 an immigrant who had entered undocumented but otherwise qualified for a green card had to have his interview for the green at the U.S. embassy or consulate in their country of origin. The immigrant would have to prove two things: that he/she qualified for a green card and that a U.S. citizen or Lawful Permanent Resident spouse or parent would suffer “extreme hardship” if the immigrant could not return to the U.S. after his/her interview. Proving extreme hardship to a U.S. citizen or Lawful Permanent Resident spouse or parent is known as the “waiver.” This made processing for a green card for an immigrant who entered undocumented but otherwise qualified for a green card very dangerous because if his waiver was not approved by the U.S. embassy or consulate he could not come back to the U.S. for up to 10 years.
In 2013 the law was changed so that the waiver could be processed while the intending immigrant was in the U.S. Waivers processed inside the U.S. are called “Provisional Waivers.” Under the 2013 law only intending immigrants whose sponsors/petitioners were U.S. citizens could use the provisional waiver.
Under new rule that goes into effect on August 29, 2016 immigrants being sponsored by a spouse or parent who has a green card can also use the provisional waiver and process the waiver in the United States.
Unfortunately, the interview still must take place at the U.S. embassy or consulate in the intending immigrant’s country of origin. However, if the intending immigrant does qualify for the green card other than the need for the provisional waiver, the green card should be approved.
At the present time I am doing a consultation up to a maximum of one hour for people interested in learning more about the new systems listed above and to determine if they qualify for immigration benefits under the new system that goes into effect on October 1st or the unlawful presence waiver. My fee is only $100.00 for this service. Please call 805-844-9343 to set up a consultation. My fee to help you get your green card through this process and the costs involved in this process will be quoted at the consultation.
Regarding Obama's order from November 20, 2014 allowing parents who are undocumented but have US citizen children to apply for work permits; it is being held up in the courts.
At the present time I am doing consultations of up to an hour on all immigration for only $100.00
What Does Obama’s Directive on “Deferred Action” Mean for Me?
There are now two "Deferred Action" executive orders from President Obama; DACA and DAPA.
DACA was announced in June of 2012 and DAPA on November 20, 2015.
DACA is for people who were brought to the United States by their parents before the age of 16.
DAPA is for people who have children who are United States citizens or who have green cards.
Eligibility Criteria for DACA: You CAN qualify for deferred action if you:
• Are between 15 and 30 years old;
• Came to the United States before you were 16 years old;
• Have been living in the United States continuously since at least June 15, 2007;
• Were present in the United States on June 15, 2012;
• Are currently in school, graduated from high school, received a GED, graduated
with an associates or bachelor’s degree, or are a honorably discharged veteran of the
Coast Guard or Armed forces; and Have passed a background check.
But wait! You may not be eligible if you have serious immigration violations:
• Have been convicted of a felony, a crime that can be punished by more than 1 year in jail.
• Have been convicted of a significant misdemeanor, a crime that includes violence, threats, or assault including
domestic violence and sexual abuse; burglary, larceny or fraud; DUI; escaping arrest; unlawful gun possession or use; or
drug distribution or possession.
• Have been convicted of 3 or more misdemeanors, minor offenses.
• Pose a threat to national security or publicsafety.
Deferred action prevents you from being deported and allows you to apply for a work permit.
Depending on where you live, eligible students can also apply for a driver’s license and a social security number.
LIMITS & RISKS
Deferred action is not a path to a green card nor is it a path to citizenship. In order to create a path to citizenship, Congress has to pass the DREAM Act, pending legislation that would apply to immigrant youth who came to the U.S. as children, or some form of immigration reform.
Deferred action is available for two years. At the end of the two years, you must apply for renewal of your application with U.S. Citizenship and Immigration Services. Even if you meet the eligibility criteria, deferred action is not guaranteed and can be terminated at any time.
There is no appeals process. If you apply and do not meet basic eligibility requirements or have serious immigration violations, the government may initiate removal proceedings.
START GATHERING DOCUMENTS
If you think you are eligible, start gathering documents that prove (1) your identity andage, (2) you entered the U.S. before age 16,
(3) you have continuously lived in the U.S. for at least five years before June 15, 2012, and (4) you were physically present in the
U.S. on June 15, 2012.
You may also want to gather documents that highlight factors in your favor, e.g.community ties, activities, awards.
BEWARE of any potential scams and fraud!
FAMILY MEMBERS of eligible young people are NOT eligible for deferred action unless the family members meet the eligibility
Documents to start gathering for your application and/or consultation with an attorney may include:
ı Passport from your country of origin
ı Birth certificate
ı Travel documents
ı Financial records
ı Bank statements
ı Utility bills
ı School records
ı Diplomas, GED certificates
ı Report cards & transcripts
ı Medical records
ı Military records (personnel, health)
ı Copies of criminal records or court
dispositions on any criminal arrests
ı Community support letters
DAPA: You may qualify if you have US citizen children or children who have green cards.