Search Results
26 items found for ""
- Trump Introduces Pathway to Permanent Residency for College Graduates
Trump has proposed a new immigration idea that completely opposes the principles he has promoted throughout his political career. This new proposal would "benefit" foreign graduates from American universities and is part of the larger idea of retaining top talent in the United States. In a surprising shift in his immigration policy, former President and 2024 election candidate Donald Trump has announced a new proposal that would benefit foreign graduates of U.S. universities. During an interview on the All-In podcast, Trump expressed his intention to grant permanent residency to international students who graduate from American universities. “What I want to do and what I will do is that if you graduate from a university, I think you should automatically get, as part of your diploma, a green card to stay in this country,” Trump stated. This declaration marks a significant departure from his traditionally restrictive stance on immigration. Trump specified that this measure would apply to “anyone who graduates from a university” in the U.S. His goal, he commented, is to “import the best and brightest from all around the world to the United States.” This initiative would be one of his top priorities on the first day of his potential new administration. The former president highlighted that many graduates from top-tier universities wish to stay in the U.S. to work but are forced to return to their home countries due to current visa restrictions. “Someone graduates at the top of their class and can’t even make a deal with a company because they don’t think they’ll be able to stay in the country. That will end on day one,” Trump declared. Trump's Contradictory Position After Announcing His Idea to Grant Permanent Residency to University Graduates. This proposal contrasts with the anti-immigration rhetoric that Trump has maintained throughout his campaign and presidency. During his term, he implemented policies such as the "Buy American and Hire American" executive order, which sought to prioritize American workers and products, and temporarily suspended various visa programs, including those used by tech companies to bring in highly skilled workers. Hours after the interview, Trump's campaign spokeswoman, Karoline Leavitt, clarified that the graduates would undergo a rigorous vetting process to exclude "communists, radical Islamists, Hamas supporters," and "America haters." This vetting would be essential to ensure that the green card recipients are individuals who can make significant contributions to the United States without negatively impacting the local job market. While this idea has generated diverse opinions, it is clear that it aims to attract highly skilled international talent to stay in the United States and contribute to its economy. "You need a group of people to work for your companies, and they have to be smart people," Trump commented. By allowing these graduates to remain in the country, Trump argues that the economy would benefit and it would prevent these bright minds from strengthening other nations such as India and China. Trump's proposal to grant permanent residency to graduates of U.S. universities could significantly change the country's immigration and labor landscape. However, its implementation and acceptance will depend on numerous political and social factors. If you have questions about how this proposal might affect you or want more information about immigration options, at Legal en USA, an immigration law office in Miami, we are here to help. Call us at 305-446-8686 to receive the best advice and assistance on immigration matters.
- USCIS Extends Work Permit Validity for TPS Beneficiaries
USCIS has announced the extension of the validity of Work Permits for TPS beneficiaries until March 9, 2025. Those who need to re-register for TPS must submit Form I-821 during the current re-registration period to maintain their benefits. In a recent announcement, the U.S. Citizenship and Immigration Services (USCIS) has communicated the extension of the validity of certain Employment Authorization Documents (EAD) issued to beneficiaries of Temporary Protected Status (TPS) under the designations of El Salvador, Honduras, Nepal, Nicaragua, and Sudan until March 9, 2025. USCIS will send a Form I-797, Notice of Action, notifying those affected by this extension. If you are a current TPS beneficiary under one of these designations and have not yet re-registered for TPS under the most recent extension for that designation, you must submit Form I-821, Application for Temporary Protected Status, during the current re-registration period to maintain your TPS benefits. The Department of Homeland Security (DHS) has previously extended the re-registration periods for individuals to submit TPS applications as follows: El Salvador: The re-registration period is now extended until March 9, 2025. Honduras: The re-registration period is now extended until July 5, 2025. Nepal: The re-registration period is now extended until June 24, 2025. Nicaragua: The re-registration period is now extended until July 5, 2025. Sudan: The re-registration period is now extended until April 19, 2025. It is important to note that while the re-registration periods end on different dates, all EADs are extended until the same date: March 9, 2025. For instructions on how to re-register for TPS and renew your EAD, refer to the most recent Federal Register notice that extends TPS for your country (or extends and redesignates your country for TPS). For more information and specific details on how to complete this process, it is recommended to visit the official USCIS website or contact an immigration attorney who can guide you through these steps. Staying informed and acting within the established deadlines is crucial to ensure that TPS beneficiaries continue receiving their benefits and protections.
- New Options for Dreamers to Obtain Green Card in the United States
Dreamers Can Apply for H1-B Work Visas That Open a Path to a Green Card with New Biden Order In a significant move toward immigration reform, the Biden administration has announced new measures to help beneficiaries of the Deferred Action for Childhood Arrivals (DACA) and other Dreamers who are graduates of U.S. universities obtain permanent residency in the United States. Dreamers with DACA and those who have completed university studies can now apply for an H1-B work visa if they have a job offer from an employer in the U.S. This visa will not only allow them to work legally in the country but also open the possibility for them to later apply for a Green Card through employment. What benefits would Dreamers have to obtain their green card? Since the implementation of DACA in June 2012, thousands of Dreamers have continued their studies and have succeeded in establishing successful careers and forming their own families. With the recent announcement, those who have obtained a degree from an accredited U.S. university and have received a job offer in a field related to their degree will be able to obtain work visas more quickly. Although the specific details of the process have not yet been revealed, the Biden administration has emphasized its commitment to leveraging the training that Dreamers have received in the U.S. and offering them a significant benefit through the H1-B visa. This visa allows beneficiaries to work legally in the U.S. and, eventually, apply for a Green Card after at least five years, provided they have a labor sponsor. The annual limit on employment visas can pose an obstacle to this process. Currently, there are over 500,000 DACA beneficiaries, of which 49% have a higher education level. However, it is unclear how many 'Dreamers' will benefit from the new measure. Additionally, each year Congress assigns a limited number of H1-B visas, currently set at 65,000, which limits their availability. The Biden administration acknowledges that there are significant delays in the immigrant visa system, including H1-B visas. A spokesperson commented, "Unfortunately, only Congress can help us address that challenge, as there are limits on the number of visas that can be issued in a given fiscal year. And it has been several decades since those figures were updated." Biden's new order represents a significant step towards regularizing the immigration status of 'Dreamers,' providing them with opportunities to work legally and eventually obtain permanent residency in the United States. For those in this situation, it is crucial to consult with experienced immigration attorneys to ensure all requirements are met and to make the most of these new opportunities. If you need legal advice about your immigration case, do not hesitate to contact us at Legal en USA at 305-446-8686. We are here to help you navigate this complex process and secure your future in the United States.
- Biden Announces Immigration Relief for Thousands of Undocumented Immigrants
Hundreds of thousands of undocumented immigrants and DACA recipients will receive immigration relief with a new package of measures from the Biden administration, which plans to grant "parole in place" to the spouses of American citizens and facilitate pathways for Dreamers to obtain permanent residency. The Biden administration will allow certain undocumented immigrants married to U.S. citizens and who have lived in the United States for more than ten years to remain in the country and work legally, expanding a program currently used to provide documents to immediate family members of military service members. The Tuesday morning announcement coincides with the 12th anniversary of the Deferred Action for Childhood Arrivals (DACA) program, which President Biden will celebrate at the White House with immigrant advocates and Latino leaders. This announcement can be seen as an expansion of the "parole in place" program, which will now also benefit undocumented spouses of U.S. citizens who have lived in the country for over ten years. Typically, these individuals had to leave the country and endure long processes far from their families to adjust their status. They also faced the risk of penalties that could prevent their reentry due to their illegal crossing. With this new proposal, immigrants married to U.S. citizens or who are adoptive children of U.S. citizens can request a case-by-case assessment of their parole application. Those who are approved will have a three-year period to apply for residency. While awaiting a decision, they will have work permits and protection from deportation. DACA beneficiaries are also included in this new package of measures. Those who are university graduates and qualify will receive a waiver if they apply for employment visas. Beneficiaries will not receive new privileges, but existing pathways to regularize their immigration status will be simplified under the new rules. Without parole, applicants who decided to leave the country to apply for permanent residency from abroad could be subject to mandatory waits of three or ten years, in addition to an already uncertain resolution. To be eligible, potential parole beneficiaries must have been in the United States for ten years as of Monday. Depending on individual cases, many of these individuals will be ineligible for the new program, as will other long-term immigrants in the country illegally who are not married to U.S. citizens. Approved applicants will have three years to apply for permanent residency and, in the meantime, will receive a three-year work permit and deferral from deportation. It is currently estimated that there are 1 million immigrants without legal status who are part of mixed-status families in the United States, but about half of them have more difficult cases that may make them ineligible to apply for permanent residency. Immigration law poses different bureaucratic barriers to foreign nationals, depending on factors such as the number of illegal entries, whether they have overstayed a visa, and how long they have been in the country illegally. By eliminating some of that risk, the application process should become more appealing to eligible immigrants who would otherwise avoid leaving the United States for fear of being unable to return.
- Lawful Permanent Residence for Dreamers
Eduardo Soto explains how advance parole can help dreamers get their green cards. To obtain a green card, Dreamers typically have to travel abroad to a U.S. embassy for a residency interview and come back. The problem with this scenario is it places a Dreamer at risk of not being able to return due to having entered the United States initially illegally and accruing unlawful presence thereafter. Under law, any one who accrues unlawful presence for six months or longer, at anytime, faces a possible three or ten year bar to come back. Although there is a waiver process, which if approved waives these bars, many Dreamers do not have anyone in position to execute these waivers, as execution must be done by a parent or spouse who is either a Lawful Permanent Resident or United States citizen, and its approval requires a showing of exceptional hardship to them. Moreover, the state side waiver process can take up four to five years to adjudicate. Arriving in the United States through Advance Parole constitutes the type of lawful entry which permits Dreamers to adjust their status in the U.S., avoiding a lengthy and potentially dangerous visit abroad. This fact was reaffirmed by the United States Supreme Court in a decision recently. The Supreme Court stated Advance Parole issued to Dreamers, allows them to adjust status to that of lawful permanent residence upon reentry. Additionally, in yet another decision by the U.S. Supreme Court, it determined Advance Parole does not trigger the three and ten year bars, thus allowing a Dreamer to safely go out and come back. Dreamers considering this option should consult with an experienced immigration attorney to ensure they meet all requirements and understand the steps involved. At Legal en USA, we are ready to help you obtain your Green Cards. You just need to call 305-446-8686.
- Can DACA recipients get a Green Card through marriage?
DACA does not provide a direct pathway to lawful permanent residency or citizenship. Despite this limitation, DACA beneficiaries who are married to an American citizen or a lawful permanent resident have an opportunity to pursue a family-based petition to obtain a green card. The eligibility for DACA recipients to obtain a green card through a family-based petition largely depends on their manner of entry into the United States and their current marital status. Deferred Action for Childhood Arrivals (DACA) is a program that offers temporary protection from deportation and work authorization to eligible undocumented immigrants who were brought to the United States as children. However, it is important to understand that DACA does not provide a direct pathway to lawful permanent residency or citizenship. Despite this limitation, DACA beneficiaries who are married to an American citizen or a lawful permanent resident have an opportunity to pursue a family-based petition to obtain a green card. Obtaining a green card, or lawful permanent residency, provides numerous migratory benefits. Green card holders have the right to live and work in the United States indefinitely. They can travel outside the country with fewer restrictions and are eligible to apply for U.S. citizenship after meeting certain requirements. Additionally, green card holders have access to a broader range of job opportunities, educational resources, and legal protections. The eligibility for DACA recipients to obtain a green card through a family-based petition largely depends on their manner of entry into the United States and their current marital status. Those who entered the country legally and are married to a U.S. citizen or lawful permanent resident have a clearer path to adjusting their status. Conversely, those who entered without inspection may need to undertake additional legal steps, such as obtaining advance parole, to become eligible for a green card through their family-based petition. How to get a Green Card if you are DACA beneficiary and are married to a U.S. Citizen? For DACA beneficiaries married to U.S. citizens, there is a potential route to obtaining a green card through family-based petitions. This pathway depends on various factors, including how the DACA recipient entered the United States and their eligibility to adjust status without leaving the country. The process of obtaining a green card depends on how the DACA beneficiary entered the country. If they were admitted legally, even if they overstayed their visa, they may be eligible to adjust their status without leaving the country. This adjustment can be done through an immediate relative petition filed by their U.S. citizen spouse. If they entered without inspection (illegally), they may need to travel abroad to their home country for consular processing. Can apply for advance parole and get a travel permit, which allows them to travel outside the U.S. and return legally. This legal entry can then make them eligible for adjustment of status. If they applied for DACA before turning age 18 (or 180 days after turning 18), they will have to return to their country of origin and apply for a green card through a U.S. embassy or consulate, similar to anyone living abroad who is applying for a green card based on marriage to a U.S. citizen. If you have no travel permit and over 180 days between turning 18 and applying for DACA, you are required to leave the United States to apply for a green card at a U.S. embassy or consulate. However, this situation subjects you to a bar from re-entering the United States for up to 10 years. To avoid the years-long delay of the re-entry bar, you must first obtain a Provisional Unlawful Presence Waiver before leaving. This waiver requires you to prove that your U.S. citizen spouse would suffer extreme hardship if you are not allowed to live together in the United States and provide a compelling reason why you and your spouse cannot live together in your country of origin. If you have entered the United States illegally more than once, you may face a permanent bar from re-entering the United States with no possibility of a waiver. In summary, while DACA recipients married to U.S. citizens can pursue a green card, the path may require additional steps such as obtaining advance parole or applying for waivers. Each case is unique, and legal guidance is recommended to successfully navigate the process. How can a DACA recipients get a green card if married to a Lawful Permanent Resident? For DACA beneficiaries married to lawful permanent residents (green card holders), obtaining a green card involves a different process. If you are married to a green card holder, you cannot apply for a green card from inside the United States. However, if you applied for DACA before turning 18 (or within 180 days after turning 18), you can return to your country of origin and apply for a green card through a U.S. embassy or consulate, similar to applying from abroad for marriage-based green cards. The process for spouses of green card holders takes longer than for spouses of U.S. citizens. This is because you must wait for a visa to become available in the visa bulletin before the final processing of your green card application can be completed in your country of origin. If you spent more than 180 days between turning 18 and applying for DACA, you must leave the United States to apply for a green card at a U.S. embassy or consulate. However, you will also be subject to a bar from re-entering the United States for up to 10 years. To avoid this delay, you must obtain a Provisional Unlawful Presence Waiver (Form I-601A) before leaving, similar to the process for spouses of U.S. citizens. If you have entered the United States illegally more than once, you may face a permanent bar from re-entering the country, with no possibility of a waiver. It is essential to seek legal advice for navigating the complexities of each of these processes. At Legal en USA, we are ready to assist you in obtaining your Green Card. Just give us a call at +1 305-446-8686, and our team will guide you through the steps and provide the necessary support to achieve your immigration goals.