2015 Old Blog

I interviewed three undocumented college students who all who come from different backgrounds. I wanted to compare how they view the struggles of being undocumented. These DREAMERs, one European, one Asian, and one Hispanic, study in different colleges and are in different places in their studies, but they all struggle with the same issue.

A DREAMER from Albania

Talking to an undocumented student from Europe I realized that we share the same problems but we face different struggles that come from being undocumented. The person that I interviewed showed no real worries. He has never been questioned for his legal status in a public setting. I concluded that it was because of his looks. This person had a white complexion with light eyes and his English is impressive for the 4 years he has been here.

I was curious to know why he had come to the USA if Europe is supposed to be better economically. His reason was that in his homeland everything was easy, he had money, a home but his mother thought it would be better here for them. They came using tourist visas and over stayed the estimated visiting days- just like my family. He was disappointed when he arrived here because he expected something better. However his mother forced him to stay. When he was old enough to leave by himself, he didn't want to because he found here the piece he was missing in his home land. In his case he found struggles making his life interesting and he found a new reason for life. For him, the struggle of being undocumented is not as difficult and his wealth back in his homeland has permitted him a comfortable life style. In my opinion, not all of Europeans are as lucky as him.

A DREAMER from the Philippines

A wonderful Asian woman also shared her story with me. She is currently attending college, works and has a four year old boy name Buddy. At first glance, everyone thinks that she has it all put together. People believe that it is easy for her to have a 3.6 GPA as well as to manage being a single mother and to provide for her son with no problem. This happens because she keeps her immigration status very private. Only a few people know of her real struggles. Once you get to know her you realize she struggles to pay out of pocket for her education because she is undocumented. You can tell she has been through discrimination from her past partner. Even with all the struggles she faces, she still manages to be extremely involved in the community. She brings Buddy to DREAM Action meetings. She teaches him that even if they do not have much he still has to give back. She also has served as the president of Phi Theta Kappa and Vice President for Intercultural Student Association. She is very involved with her community church. Like many Dreamers she was brought here as a child at the age of eight. She completed her elementary and high school years in the Oak Park community.

A DREAMER from Mexico

I also interviewed a person that fits the stereotype of an immigrant. He grew up in the United States and as a child he encountered the hardships of being an illegal Immigrant. He told me that during fourth grade he received an award for an art piece he created. The award was a savings bond that he could use to pay for college. He could not retrieve it because he did not have a Social Security number. Ever since then he has believed that he is not good enough for the system. Currently he is a senior at NIU and works three jobs just to pay for school. He told me he has gotten discriminated while driving and even in the movie theater. I could see he has lost hope. Now he takes any discrimination and obvious abuse from society as a normal thing.

Today, August 15, 2013 marks the one year anniversary of the day USCIS officially began accepting applications for its Deferred Action (DACA) program. What have we learned since then about this unprecedented executive order issued to protect young undocumented immigrants?

When the program launched last August, no one was certain of the risks of applying to this new and untested program. Many applicants were extremely fearful of possible deportations or consequences for family members. Others weren't satisfied with the program because it wasn't as comprehensive as the failed DREAM Act.

What We Now Know About Deferred Action

Ask any DACA-mented DREAMer, immigration-focused nonprofit, or immigration attorney and they will agree that Deferred Action was an incredible and occasionally frustrating learning experience. What we all now know:

• We learned that lack of access to educational programs like the GED made hundreds of thousands of DREAMers ineligible for the program.
• We learned that some parts of the application requirements can be tricky to prove, but that applicants could get creative with their evidence.
• We learned that the more complex Deferred Action cases with criminal background or continuous residency issues required the assistance of a reliable attorney.
• We learned that USCIS's estimated application process times were no guarantee, and some applicants spend up to six months or more in Deferred Action processing limbo.
• We learned that applicants need to be aware of notario fraud and immigration scams that take their money and leave them with heartbreak and increased risk of deportation.

Where Are the DACA-mented DREAMers Today?

Since last summer, we have listened to and read about the success stories of DREAMers who applied to Deferred Action. Despite many DREAMers' limited finances, lack of access to information, and personal doubts and fears, hundreds of thousands of undocumented youth have applied to Deferred Action and are now pursuing their dreams. DREAMers are attending college (with access to in-state tuition rates in some states), using their work permit and Social Security number to make money and reach professional goals, and much more.

However, recently released Deferred Action application statistics (and today's monthly DACA report from USCIS) have shown that the program hasn't served young undocumented immigrants as effectively as originally hoped. Here's a brief summary of the year in DACA:

• Only about half (573,000) of the estimated 1.1 million currently eligible for DACA have applied, making the national application rate roughly 50%.
• 75% of the DACA applications received have been approved, about 1% were rejected, and the rest are pending.
• 75% of applicants have been in the U.S. for at least 10 years, with more applicants entering in 2000 than any other year.
• 33% of applicants were five or younger when they arrived in the U.S.
• 39% (423,000) of the 1.1 million potentially eligible for DACA are currently disqualified for not meeting the education requirement.
• 392,000 more young immigrants will become eligible for DACA once they reach the age requirement of 15 and stay enrolled in an educational program.
• Mexican and Central American immigrants make up 65% of the DACA-eligible population but accounted for 85% of DACA applicants.
• Immigrants from Asian countries such as the Philippines and China have some of the lowest application rates despite having substantial undocumented populations.
• 60% of those eligible speak both English and a second language "very well.
• 33% of the DACA-eligible live in households at or below the federal poverty level ($22,000/year for a family of 4.) Most of those who are technically above the poverty level still face extreme financial hardship.

If you have questions about Deferred Action , feel free to contact us or get connected on Facebook and Twitter.

The U.S. has an estimated 13.3 million legal permanent residents (also called LPRs or green card holders) according to a recent report from the Department of Homeland Security. Of those 13.3 million, DHS estimates that 8.8 million LPRs currently qualify for U.S. citizenship. Most green card holders are eligible for U.S. citizenship after five years of legal residence in the United States. Spouses of U.S. citizens are an exception; they only have to wait three years to apply for naturalization.

With almost 2/3 of green card holders eligible for U.S. citizenship, why haven't more applied? The Pew Hispanic Center reports that 93% of Hispanic green card holders would like to become citizens, but say they cannot complete the process. Eligible LPRs that opt out of applying for U.S. citizenship often cite these reasons:

• Financial barriers (too expensive)
• Language barriers (not English proficient)
• Don't feel prepared for the U.S. citizenship test
• Simply not interested in going through a new process

Most of these concerns are valid, and the language and financial barriers can be a real burden, but U.S. citizenship provides huge benefits that many green card holders don't realize:

• A one-time naturalization process is much less expensive than multiple green card renewals over time
• Only U.S. citizenship can completely protect you from deportation
• Only U.S. citizens can vote in national elections
• U.S. citizens have preference in sponsoring family members to come to the U.S. on a green card
• U.S. citizens have access to more jobs and college scholarships
• International travel is much easier with a U.S. passport, and you can stay outside the U.S. as long as you want with U.S. citizenship
• The U.S. allows dual citizenship so you don't have to relinquish citizenship in your native country

As we mentioned in a previous post, technology will help lessen or defeat obstacles in the immigration and citizenship process. There are now free mobile apps (such as this one) that prepare green card holders for the U.S. citizenship test, as well as many other free online resources to work on English language skills and to research the most effective and affordable ways to apply for U.S. citizenship.

The value of U.S. citizenship far exceeds the price of the application or the few extra hours spent preparing for a U.S. history and policy test. Talking to an experienced attorney or immigration specialist can help lessen your fears and simplify the naturalization process for you. If you are a green card holder interested in pursuing United States citizenship, visit our U.S. Citizenship page or contact us for a free case assessment.

Today, August 12, 2013 marks International Youth Day, established in 1999 by the United Nations as a way to unite and draw attention to issues affecting young people all over the world. This year's International Youth Day theme has a special connection to the immigrant community: "Youth Migration: Moving Development Forward.

UNICEF reports there are at least 35 million migrant youth aged 10-24 of the 210 million or more people throughout the world who have lived for a year or more outside their country of origin.

United Nations Secretary General Ban Ki-Moon explained the 2013 International Youth Day theme in more detail:

"The reasons young people migrate are many. Some are fleeing persecution, others are escaping economic hardship. Some are alone, others part of a family “ with parents, siblings and even children of their own. Some have communities to go to, others must make new connections. In transit and at their final destinations, many young migrants face equal or greater struggles, including racism, xenophobia, discrimination and human rights violations... It is important to emphasize the positive contribution young migrants make to societies of origin, transit and destination “ economically and by enriching the social and cultural fabric. Most work hard to earn a living and improve their circumstances.

On behalf of the United States, Secretary of State John Kerry released the following statement on International Youth Day today:

"As a nation founded by immigrants, and as a country with a long tradition of welcoming the "huddled masses yearning to breathe free" the United States takes great pride in our commitment to the rights of migrants to realize educational and professional opportunities in their new homes.

The Importance of Young Immigrants in 2013 and Beyond

This year's theme of migrant youth is especially significant as 2013 has turned out to be a monumental year for immigrant youth activists in the United States. The DREAMer movement has been essential in promoting awareness for comprehensive immigration reform and drawing attention to the 11 million undocumented U.S. immigrants living in the shadows. The DREAMer movement is noteworthy for the fact that it began with promoting the rights of young migrants by young migrants, and now these DREAMers have become advocates for unauthorized and/or disadvantaged immigrants of all ages.

In a time when youth migration is higher than ever and the number of unaccompanied minors crossing the U.S. border out of desperation and fear has tripled, it is important to remember the risks and challenges unique to young immigrants and to work towards real solutions to their problems. International Youth Day not only hopes to raise awareness of the issues facing migrant youth, but to celebrate their distinctive contributions and limitless potential in whatever country they choose to call their home.

If you're interested in learning more about immigration, join the conversation with us on Facebook and Twitter.

Not everyone checks U.S. visa bulletin updates, but this month U.S. green card holders with loved ones living outside the United States should take note. The August 2013 visa bulletin has arrived with the announcement that the F-2A category (spouses and minor children of U.S. green card holders) is now current.

What does it mean when a visa category is "current?"

Saying a visa category is current simply means that there is no wait time for the type of visa listed. The visa bulletin publishes "priority dates for visa categories monthly, which let applicants know how far along they are on the wait list. A priority date is like the "now serving sign at a deli counter or a fast food restaurant: the priority date listed is the application date of the people USCIS is currently serving. Having a "current" visa category means you don't even have to take a number.

Most family visa categories have wait times that are years long, if not decades. Having a current F-2A category is an exciting opportunity for U.S. permanent residents to bring their spouses and minor children to the United States as quickly as if they were U.S. citizens, which is a rarity.

How long is the August 2013 visa bulletin valid? How long is the F-2A visa category current?

The August 2013 visa bulletin update only refers to wait times through the month of August, so there is no guarantee this family visa category will stay current for long. Most immigration attorneys and specialists expect it to be current for a very limited time, probably no more than a couple months.

How can I take advantage of the F-2A category's current status?

If you are a green card holder (legal permanent resident) and you have a spouse or minor child that you want to join you in the United States, we highly recommend talking to an immigration attorney as soon as possible. There is no way of knowing how much longer the F-2A category will stay current, so it's best to get your case opened and processed as soon as possible. The faster green card holders apply, the faster they can reunite with their loved ones in the United States!

UPDATE: The F-2A category is still current for September 2013 according to the September 2013 Visa Bulletin.

If you want to learn more about the family-based green card petition process, visit our family green card page. If you are a green card holder/U.S. permanent resident looking to bring your spouse or minor child to the United States while the F-2A category is still current, contact us for more information or call 1-855-VISANOW for a free case assessment.

Last Wednesday, the Supreme Court of the United States issued an historic ruling for gay rights, gay Americans, and gay immigrants. Section 3 of the 1996 Defense of Marriage Act, or DOMA, was ruled unconstitutional on the grounds that "By seeking to displace this protection and treating those [gay] persons as living in marriages less respected than others, the federal statute is in violation of the Fifth Amendment.

The big win for all gay couples in this ruling is access to U.S. federal benefits. This includes being able to file joint tax returns, access to veteran spouse benefits, access to federal family and medical leave, and, especially important for binational couples: U.S green cards and immigration benefits for same-sex spouses.

What does the DOMA ruling mean for U.S. Immigration and Gay Immigrants?

1) Green Cards for Gay Immigrants Married to U.S. Citizens

After the ruling last week, there were many questions on how USCIS would proceed with processing green card cases for same-sex spouses. Luckily, the government has acted quickly: gay couples have already been approved for their green cards just days after the ruling by applying the exact same way a straight couple would. These couples had all applied for green cards for their spouses prior to the ruling. For many gay immigrants and their spouses, applying for their green card was both a political statement and also an act of hope and desperation to keep their loved ones in the United States.

The Secretary of the Department of Homeland Security's official statement on DOMA and Green Cards is as follows: "Effective immediately, I have directed U.S. Citizenship and Immigration Services (USCIS) to review immigration visa petitions filed on behalf of a same-sex spouse in the same manner as those filed on behalf of an opposite-sex spouse. This tells us that moving forward, gay couples should be able to file for green cards the exact same way as straight couples do.

With this official statement, all bi-national gay couples seeking a green card should know that they should not be denied their application if they were legally married in a state or country that allows gay marriage. There may be lawyers or immigration specialists who will claim to tell you they cannot process any same-sex spouse green card application, but this is out of ignorance or bigotry. The U.S. Supreme Court, USCIS, and DHS have all gone on record saying gay couples now have access to spouse and family-based visas, so there should be no dispute.

2) Halting Deportations of Same-Sex Spouses (in certain cases)

Just minutes after the DOMA ruling, a man who was legally married to a male U.S. citizen had his deportation charges dismissed. Although he was unauthorized to live in the U.S., he had already applied for a green card at the time of his marriage.

3) U.S. Businesses Become More Competitive for Hiring and Retaining Gay Immigrant Employees

Previously, a high-skilled or temporary visa worker might have reservations coming to work in the U.S. if they had a same-sex partner in their country of origin. Under the old law, there was no way for an immigrant worker to petition their spouse to come stay with them in the U.S. American businesses have gone on record saying that they don't want to lose valuable gay and lesbian employees because of a discriminatory and complicated U.S. immigration system. Now their employees will have access to the greater immigration benefits afforded to all other U.S. married couples.

There is no doubt in anyone's mind that there will be far more questions about green cards and other immigration issues for gay couples as time goes on. DOMA doesn't solve everything for gay Americans and it certainly doesn't fix all that's currently broken in the U.S. immigration system. However, the progress made for gay immigrants in the past week has been inspiring and hopefully foreshadows major changes in attitude over the rights of immigrants and the rights of the LGBT community.

For further updates on DOMA and its effect on USCIS policies, as well as the impact on comprehensive immigration reform, follow our blog or get connected on Facebook and Twitter. If you have questions, don't hesitate to contact us.