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Showing posts from April, 2013

Eligible for immigration reform if entered with fake name?

Those of you who used fraudulent documents to legally enter the United States and then revered to your real name to live your life in America may have a problem to deal with, particularly if you were fingerprinted either at the point of entry or if you were fingerprinted for any other reason by law enforcement.  Also some of you assumed other identities with stolen Social Security numbers or simply switched to new names after committing a crime or to pass a background check , and I am not even talking about those who claimed to be US citizens .  Unless you have a simple history of always using your legal name, you will need a very good attorney to file your application for adjustment to RPI status because not only using fraudulent documents a crime , with multiple names, your story might not hold together to prove date of entry and continuous presence. Those of you, the DREAMers (meaning you came to the country as minors ) may not even be aware what your parents did and thankfully

What will happen to DACA after immigration reform?

The main reason I have been screaming that you should apply for DACA whether immigration reform becomes law or not is that you come out a winner no matter what.  It would be the best investment of a few hundred dollars that you ever made.  You see, if Obama Immigration Reform bill becomes law, you get to choose a streamlined process to adjust to RPI legal immigrant status , which means money and time saved (once you get your new RPI card, you will be ordered to surrender your EAD card).  If Republicans kill the Border Security, Economic Opportunity, and Immigration Modernization Act of 2013 ( BSEOIM ), you will at least have an EAD and valid SSN , plus an option to renew your DACA, at least during the tenure of President Barack Obama.  If the bill fails in 2013, most likely it will be an issue during the 2014 mid-term elections and assuming Democrats gain control of the House of Representatives, the bill will be reintroduced in 2015 and pass.  While all this is going on, you will stil

What status will undocumented aliens have during RPI application process?

Unless you are a DACA approved DREAMer authorized to work (that is why I strongly suggest that anyone eligible to apply for DACA should do so) and even travel overseas with restrictions , all other undocumented immigrants who apply to adjust to Registered Provision Immigrant (RPI) legal status under the Border Security, Economic Opportunity, and Immigration Modernization Act of 2013 , will have no lawful status while their applications are being processed by the USCIS .  In other words, during this waiting period, they will not be able to work legally or travel overseas or apply for driver's licenses or do any of the other things that RPI immigrants will be allowed to do .  This means that they will have to continue to live a life of an illegal immigrant but as soon as the Obama Immigration Reform becomes law , chances are that except for deportable offenses , immigrants will not be harassed just for being illegally in the country.  And considering how many immigrants have to

Am I eligible for RPI immigration visa if I worked illegally?

The great news about the Obama Comprehensive Immigration Reform (officially called as the Border Security, Economic Opportunity, and Immigration Modernization Act of 2013 ) is that undocumented aliens who worked without authorization using a fake Social Security number or were paid in cash under the table are not going to be penalized for these crimes.  The only problem is if you actually made a false claim to US citizenship after the age of 18 .  Other than that, if you worked without papers and paid taxes , you will not be charged with any crimes, and instead, will be approved for a Registered Provision Immigrant (RPI) legal status , that subsequently leads to a green card, and after that naturalization to United States citizen .  If you did not pay taxes, it will not disqualify you either; you will just need to pay all the back taxes before approval.

Will DREAMers be able to join Military after RPI status?

In addition to all the other great benefits of RPI legal immigration status , the Border Security, Economic Opportunity, and Immigration Modernization Act of 2013 stipulates that a DREAMer granted the Registered Provision Immigrant (RPI) legal status can enlist in the US armed forces.  While the DREAMers are already on a fast track to green card and naturalization , it is important to remember that immigrants who are military personnel have other privileges and fee waivers when applying for immigration benefits like naturalization.  It seems that as long as DREAMers meet the requirements of the US Military, they should be able to join, though, individuals with misdemeanors might have to contend with somewhat different standards that those of the USCIS.

False claim to US citizenship by DREAMers

Under the United States immigration laws, one of the biggest crimes a non-US citizen (whether legal or illegal) can do is to claim to be an American citizen , and thus, gain benefits and privileges reserved exclusively for citizens, like voting or applying for loans or getting into college, etc.  Unfortunately, a huge number of illegal immigrants who came as children have broken this law.  All immigration petitions can be denied based on this admission by an alien, and it is no surprise that the Border Security, Economic Opportunity, and Immigration Modernization Act of 2013 also explicitly restates this.  It turns out that not only did these so-called DREAMers did so, there is a huge paper trail documenting their behavior. How will the USCIS find out that you made a fraudulent claim to be an American citizen? Legally speaking, while filing the application for RPI status , there will be a specific question asking if you have ever claimed to be a United States citizen, and you only

Documents needed by DACA approved DREAMers to get RPI Status

For the purpose of the Border Security, Economic Opportunity, and Immigration Modernization Act of 2013, a DREAMer is defined as an alien who entered the United States before the 16th birthday and meets other requirements related to education and having a crime-free background.  For these persons to take advantage of the RPI status , which after five years will lead to a green card, and an immediate path to US citizenship , the process is going to work somewhat differently for those DREAMers who have been approved for Deferred Action for Childhood Arrivals and those who either were not eligible for DACA or refused to apply for it. Proof required to apply for RPI visa by DACA approved DREAMers --> Since the DACA approved DREAMers have already provided most of the information needed by the USCIS, they will be grandfathered into the new process.  Obviously, the exact details of this streamlined process are not yet known, but it is expected that DACA approved candidates will