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Immigration Law Blog

USCIS to Implement International Entrepreneur Rule

USCIS to Implement International Entrepreneur Rule

The International Entrepreneur Rule was set to go into effect on July 17, 2017. However, with a turn of events, the Department of Homeland Security made the decision to delay the date in which the rule would go into effect until March 14, 2018. The decision to delay the effective date was made because the new administration wanted to review the International Entrepreneur Rule as it was initially made under the previous presidential administration and the two groups have different views. The initial International Entrepreneur Rule would allow investors or entrepreneurs from other countries that have a business demonstrating the potential for rapid job creation and economic growth to temporarily come to the United States. These entrepreneurs who are accepted into the program would be allowed to stay in the United States in an effort to grow their business for a 30 month period. In addition, they may be permitted to apply for an extension for up to an additional 30 months time. This provision was aimed at individuals who seemed to have a successful start-up company that may find greater reciprocal success in the United States for both the U.S. economy and the investor themselves.

A recent decision by the U.S. District Court for the District of Columbia made the decision to vacate the ruling to delay the start date of March 14, 2018.

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. If you have any questions regarding these matters, please contact the Sesini Law Group, S.C. and obtain your initial consultation.

Possible government shutdown in an effort to save DACA

Possible government shutdown in an effort to save DACA

This week, there has been a lot of news regarding the possibility of a government shutdown in Washington D.C. as the GOP and Democrats battle over immigration reform. Basically, the White House wants stricter immigration policies and has recently put an end to DACA while the Democrats say they are not going to agree to a deal unless DACA has a replacement plan.

This September, it was announced that the Deferred Action for Childhood Arrivals (DACA) program would come to an end. The program was initiated in June of 2012 to protect individuals who came to the United States as children under the age of 16, many of whom had no say in whether they would come to the U.S or not. Not only were these individuals granted immunity from deportation, they were also granted the opportunity to request authorization for employment. Beginning on September 4, 2017, the Department of Homeland Security rejected all requests to renew DACA and the associated Employment Authorization Documents. In addition, the Department of Homeland Security made the decision to deny all future applications for DACA.

It will be interesting to see whether a government shutdown does happen and if so, if it will have any true impact on reforming or replacing DACA. If you have questions about how immigration reform may impact you, contact our firm today.

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. If you have any questions regarding these matters, please contact the Sesini Law Group, S.C. and obtain your initial consultation.

McDonald’s bun supplier loses 800 employees in ICE raid

McDonald’s bun supplier loses 800 employees in ICE raid

As we are all very aware, Immigration and Customs Enforcement, or ICE, has been conducting raids in an effort to track down undocumented immigrants. Just recently in Chigaco, a bakery that supplies hamburger buns for McDonald’s was subject to an immigration raid that resulted in the loss of 800 employees, which is over a third of the bakery’s workforce. Of course, this is only one of several efforts by ICE to detain undocumented immigrants.

Many of these raids result in deportation. Of course, the family members of those who have been detained and may be deported are very worried about the future of their relative. If so, it is important that loved ones of individuals facing deportation consult with an experienced immigration attorney. An immigration attorney may help clients locate family members who have been detained, determine whether the detained family member will be transferred to other states, determine if the individual is eligible for bail or conditional release, help establish communication between the detained person and their family, and provide the detainee with legal representation during deportation proceedings. As times change and immigration laws become stricter, it is important to retain the services of an experienced immigration attorney and see how you can obtain a legal status or help a loved one from being deported.

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. If you have any questions regarding these matters, please contact the Sesini Law Group, S.C. and obtain your initial consultation.

Stricter Security Measures on Refugees Entering the US

Stricter Security Measures on Refugees Entering the US

After a review of the existing refugee program in the United States, the USCIS has announced that the security procedures for those entering the US as refugees will be much stricter. The country plans to increase security efforts of everyone who travels to the United States. In addition, the USCIS announced that refugees from 11 “high-risk countries” will only be admitted on a case-by-case basis during a review period of 90 days.

Some of the increased security screening methods include the following:

  • increasing the collection of data on applicants
  • increased information sharing between agencies
  • new procedures of training individuals who screen and detect fraud and deception

These changes come after the USCIS and Department of Homeland Security determined that there were gaps in the screening process. As the new procedures are implemented, refugees will be processed for resettlement again. This comes after a 120-day “pause” on the resettlement of refugees so the government could assess any gaps in the previous program.

According to the official memorandum announcing the changes, the new measures will be immediately implemented on those who are following other family members who have come here as refugees. If you are a refugee who has resettled in the United States and have questions about these changes or any other immigration matters, contact our firm today.

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. If you have any questions regarding these matters, please contact the Sesini Law Group, S.C. and obtain your initial consultation.

Updates on TPS for South Sudan, Nicaragua, and Honduras

Updates on TPS for South Sudan, Nicaragua, and Honduras

As an immigration law firm, it is our duty to keep tabs on any changes in policy by the Department of Homeland Security and the United States Citizenship and Immigration Services. Recently, there were a few changes made that directly impacts those who were covered by Temporary Protected Status in South Sudan, Nicaragua, and Honduras.

South Sudan

On September 18, 2017, the USCIS announced that Temporary Protected Status for nationals of South Sudan will only be protected under this designation until November 2, 2018. The reason for the termination of TPS for South Sudan is that the acting secretary of Homeland Security had reason to believe that the conditions that were present when TPS was initiated are no longer present.

Nicaragua and Honduras

On November 6, 2017, it was announced that Temporary Protected Status for both Nicaragua and Honduras will be terminated. TPS for Honduras will be terminated on July 5, 2018, and for Nicaragua, it will be terminated on January 5, 2019. TPS was initially supposed to be terminated for Honduras on January 5, 2018 but was extended for six months due to the USCIS’ inability to determine conditions.

For anyone who is subject to the extension, it is important that they renew their Employment Authorization Documents in order to make sure they can continue to work the entire time they are in the United States under TPS. If you have questions about how these changes may affect you, contact our firm today.

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. If you have any questions regarding these matters, please contact the Sesini Law Group, S.C. and obtain your initial consultation.

How can one obtain citizenship through parents?

How can one obtain citizenship through parents?

Individuals often ask what the laws are surrounding citizenship through his or her parents. There are a number of different situations that can allow a child to become a United States citizen at birth. If both parents are citizens of the United States at the time the child is born and at least one of the parents lived in the U.S. before the child’s birth, they will be born a U.S. citizen. This generally holds true even if the child is born outside of the United States.

Another question that arises is how citizenship through a parent works if the parents are not married and one of them is not a citizen. If the child’s mother is a U.S. citizen at the time the child was born and she had been physically present in the U.S. for at least one continuous year prior to the birth, the child is born a U.S. citizen. It is a little more complicated when determining citizenship at birth if the father is the U.S. citizen and the mother is not. The parents must prove that

  • there is a convincing and clear blood relationship between the child and the father;
  • the father had U.S. nationality at the time of the child’s birth;
  • the father has signed a written agreement to financially support the child until they turn 18;
  • the father acknowledges paternity in a written oath or the paternity is established by a court

If you have questions about determining citizenship at birth, contact our firm today.

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. If you have any questions regarding these matters, please contact the Sesini Law Group, S.C. and obtain your initial consultation.

What is The RAC Act and What it Could Mean for Immigrants

What is The RAC Act and What it Could Mean for Immigrants

Introduced to Congress in March 2017 by Rep. Carlos Curbelo. the RAC Act or the Recognizing America’s Children Act. This bill was introduced as a potential replacement for DACA. The RAC Act can authorize the Department of Homeland Security to cancel the removal of illegal immigrants for an initial five-year period.

What are the Requirements of the RAC Act?

The main purpose of the RAC Act is to assist immigrants in gaining citizenship. However, the requirements under this act are very stringent. RAC requires an immigrant to make a longer commitment to higher education, enroll in the military, or retain gainful employment for a longer period of time.  If an immigrant wants to be eligible for citizenship under this program, he or she must have come to the United States before they were 16 years of age, and they must have lived in the United States since 2012.

If the immigrant is over the age of 18, he or she may be able to apply for conditional permanent resident status. This conditional resident status would be good for five years. However, this option may only be available to those immigrants who have a high school diploma or certificate.  An additional requirement is that the immigrant must be admitted to a college, and have authorization to work in the United States. If an immigrant wishes to extend his or her status after the initial 5 year period, he or she must meet the following requirements:

  • the immigrant must graduate from college,
  • make a minimum three-year commitment in the military,
  • must be gainfully employed for at least four years,

If the immigrant’s extension is granted, the immigrant may be able to apply for lawful permanent resident. Eventually, the immigrant may be eligible for citizenship.

If you have questions about your immigrant status, or have any questions about your rights as an immigrant in the United Stated, you should consult with an experienced attorney.

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. If you have any questions regarding these matters, please contact the Sesini Law Group, S.C. and obtain your initial consultation.

Understanding Consular Processing

Understanding Consular Processing

What is consular processing?

Consular processing is when a person who wants to immigrate to the United States goes to their respective consulate in their country and completes the application for a green card.  This process is comprised of submitting the appropriate forms and documents to the consulate, followed by an interview at that consulate.

Who is required to Go Through Consular Processing?

Most people who want to come to the United States cannot avoid consular processing as their green card application method.  The United States very rarely allows an immigrant to enter the United States without having completed consular processing.

What Happens During the Consular Interview?

After your application is transferred to the appropriate consulate, an interview should be scheduled. The consulate may notify you in writing of your interview date.  At the outset of the interview, you are required to swear to tell the truth. Thus, the interview process is a way in which the government can verify the contents of your application. Your medical, criminal and financial records may also be reviewed to help determine if you are admissible into the United States. If you are applying for a green card based on the fact that you are marrying a United States citizen, the interview may include personal questions that may be designed to reveal the authenticity of the relationship and impending marriage.

Although the interview may seem to go by without a hitch, you may not receive approval for the immigrant visa on the spot. This is not indicative of any negative consequence of the interview, but rather for security reasons. If you are granted an immigrant visa you should receive notification that you can retrieve your immigrant visa at the consulate.

If you have questions about consular processing, you should consult with an experienced immigration attorney.

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. If you have any questions regarding these matters, please contact the Sesini Law Group, S.C. and obtain your initial consultation.

Understanding the Removal Process

Understanding the Removal Process

What is Removal or Deportation?

Removal is the process in which the U.S. government determines that an illegal immigrant must be removed from the court.  This is also known as deportation.  Since the removal process is complicated and complex, it is imperative that you seek legal counsel to assist you.

What the Removal Hearings Process?

When you are at risk for removal or deportation, the Department of Homeland Security, commonly referred to as “DHS”, will commence a removal proceeding.  This is usually done through the Department’s Immigration and Customs Enforcement Division, or “ICE.”  The DHS serves the alien with a Notice to Appear before an immigration judge which will outline the nature of the proceedings, the alleged ground for the removal, the person’s right to an attorney, and the consequences that he or she may face if they fail to appear.

The Master Calendar Hearing

The first hearing that the person must attend is known as the master calendar hearing.  While you do not necessarily need an attorney for this hearing, it may be a good idea to have one.  If you fail to attend this hearing, the judge may enter an automatic removal order against you.  At the master calendar hearing you will then schedule a date for your merits hearing.

The Merits Hearing

The merits hearing is when you and your lawyer defend against the removal.  Your case will be presented during this hearing and you may be allowed to testify on your own behalf, submit evidence and exhibits, present witnesses, or even experts to help defend your position.

If you are facing deportation, you should consult with an experienced immigration attorney.

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. If you have any questions regarding these matters, please contact the Sesini Law Group, S.C. and obtain your initial consultation.

 

GOP Senators Unveil The SUCCEED Act

GOP Senators Unveil The SUCCEED Act

SUCCEED Act Introduced

The Senate GOP recently released a bill that could lead to the legalization for Dreamers.  The new bill, called the SUCCEED Act, could be the solution to the impending end to DACA.  The bill is said to be fair and merit based, and a solution to address legal uncertainty that undocumented children face.  This new bill seeks to provide undocumented children with the opportunity to earn and keep legal status, so long as they meet specific requirements- which some may argue are quite stringent- including passing an extensive background check and follow a merit0based track to demonstrate that they are productive members of this country.

What Does SUCCEED stand for?

SUCCEED is an acronym for:

  • Solution for
  • Undocumented
  • Children through
  • Careers
  • Employment
  • Education and
  • Defending our nation.

Core Principles of the SUCCEED Act

Senators Thom Tillis (R-NC) and James (R-OK) introduced the SUCCEED Act.  They states that the four core principles of this act are:

  1. The Act aims to create legal certainty for undocumented children who came here through no fault of their own, and offers them an opportunity to remain here with a chance to succeed.
  2. The Act surrounds the notion that opportunity to stay in the United States is not automatic and should not be given freely.  SUCCEED will require that, once undocumented children become adults, they maintain gainful employment, earn a post secondary educational or vocational degree, or serve in the military.
  3. The bill aims to curb illegal immigration by addressing via overstays.
  4. The SUCCEED Act is a solution for only undocumented children and bars chain migration during the legal process.  The bill suggests this is also fair to lawful immigrants who are in the process of naturalization.

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. If you have any questions regarding these matters, please contact the Sesini Law Group, S.C. and obtain your initial consultation.

 

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