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•  Identity

o Birth certificate and a photo identification (ID). Passport, school or military ID, identification document from your country of origin like a Matricula Consular, or anyU.S. document with your name and photo, like a Driver’s License or ID.

• Entry to the United States Before a Particular Date

o Immigration record or documents with your date of entry, passport with admission stamp (Form I-94/I-95/I-94W), or travel records.

o You can also use medical records (including immunization record) or school records.

• Presence and Residence in the United States From a Particular Date

o Proof of presence with dates and addresses using immigration documents, government records, medical records, military records, employment records, religious or community organizations records, insurance policies, tax records, etc. o Bank receipts, financial records, credit card receipts, money order receipts, rental agreements, deeds, mortgages, utility bills, club memberships, etc.

• Tax Filings

o If you do not have copies of your past filings, call the Internal Revenue Service (IRS)at 1-800-908-9946 to order a transcript for free.

o If you have not filed your taxes, ask for an Individual Taxpayer Identification Number (ITIN) by calling 1-800-829-1040 and file them.

• Employment History

o Record dates, names, and addresses of the places where you have worked.

•  Possible English Knowledge Requirement

o You may have to take a basic English course or exam.

•  Application Fee and Fines

o Start saving money for the application fee and for any fines.

o Also save money in case you need it for an attorney.

•  Record Keeping

o Record all of this information in a notebook, keep the original documents, and store them in a safe place.

PROTECT YOURSELF FROM FRAUD

An attorney has to have a license from a state bar association.
Don’t believe anyone who tells you that there is already a new immigration program in place. A proposal has been introduced in Congress but it may change or not ever become law. Don’t trust anyone who says that they can guarantee you a visa or a green card.
If you suspect fraud, report it to your consulate or the police.

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Entrepreneurs (and their spouses and unmarried children under 21) who make an investment in a commercial enterprise in the United States and who plan to create or preserve ten permanent full time jobs for qualified United States workers, are eligible to apply for a green card (permanent residence). 

Up to 10,000 visas may be authorized each fiscal year for eligible entrepreneurs.

You must invest $1,000,000, or at least $500,000 in a targeted employment area (high unemployment or rural area).  In return, USCIS may grant conditional permanent residence to the individual.

For more information, see Section 203(b)(5) of the Immigration and Nationality Act (INA) and 8 CFR 204.6 (see the “INA” link to the right).

Eligibility Criteria

You may be eligible to receive permanent residence based on investment if:

• You have an approved Form I-526, Immigrant Petition by Alien Entrepreneur
• You are admissible to the United States
• An immigrant visa is immediately available

Application Process

If You Are Living Outside the United States

You can become a permanent resident through consular processing if you live outside the United States. Consular processing is when USCIS works with the Department of State to issue a visa on an approved Form I-526, Immigrant Petition by Alien Entrepreneur, petition when a visa is available. For more information on consular processing, see the “Consular Processing” link to the left under “Green Card Processes & Procedures.”

If You Are Living in the United States

You can become a conditional permanent resident through adjustment of status if you live inside the United States. Once the Form I-526 is approved and a visa number is available, you can apply for conditional permanent residence on Form I-485, Application to Register Permanent Residence or Adjust Status. For more information see the “Visa Availability & Priority Dates” and “Adjustment of Status” links to the left under “Green Card Processes & Procedures.”

Supporting Evidence for Form I-485

You should submit the following evidence/documentation with your application:

• Two passport-style photos
• Form G-325A, Biographic Information, if you are between 14 and 79 years of age
• Copy of government issued photo identification
• Copy of birth certificate
• Copy of passport page with nonimmigrant visa (if applicable)
• Copy of passport page with admission (entry) or parole stamp (if applicable) 
• Form I-94, Arrival/ Departure Record (if applicable)
• Certified copies of court records (if you have been arrested)
• Form I-693, Report of Medical Examination and Vaccination Record
• Applicable fees
• The approval notice for Form I-526 (Form I-797)

Family of Entrepreneurs

Your spouse and unmarried children under the age of 21, (known as derivatives) may be included on your immigration petition.  If they are residing in the US, they will each need to file a Form I-485. They are counted towards the annual cap of 10,000 visas.

Work & Travel Authorization

Generally, when you have a pending Form I-485, it is possible for you to apply for authorization to work in the United States and to seek advance parole (advance permission to travel and be admitted to the United States upon your return). For further information, see the “Work Authorization” and “Travel Documents” links to the left under “Green Card Processes & Procedures.”

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The agency said it has worked closely with the Department of State (DOS) to implement the new fee, which will allow USCIS to recover the costs of processing immigrant visas in the United States after immigrant visa-holders receive their visa packages from DOS. This includes staff handling and the cost of producing and delivering the permanent resident card.

Applicants will pay online through the USCIS website after they receive their visa packages from DOS and before they leave for the United States. DOS will provide applicants with information on how to submit the payment when they attend their consular interviews. The new fee is in addition to fees charged by DOS associated with an individual’s immigrant visa application.

USCIS processes approximately 36,000 immigrant visa packages each month. Prospective adoptive parents whose child will enter the United States under the Orphan or Hague processes are exempt from the new fee.

A press release announcing the new fee is available HERE.

The related Federal Register notice, published at Fed. Re77 g. 74490 (Dec. 14, 2012), is available HERE.

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A press release announcing the new fee is available HERE.

The related Federal Register notice, published at 77 Fed. Reg. 74490 (Dec. 14, 2012), is available HERE.

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WASHINGTON — A draft of a White House immigration proposal obtained by USA TODAY would allow illegal immigrants to become legal permanent residents within eight years.

The plan also would provide for more security funding and require business owners to check the immigration status of new hires within four years. In addition, the nation’s 11 million illegal immigrants could apply for a newly created “Lawful Prospective Immigrant” visa, under the draft bill being written by the White House.

If approved, they could then apply for the same provisional legal status for their spouse or children living outside the country, according to the draft.

The bill is being developed as members in both chambers of Congress are drafting their own immigration bills. In the House, a bipartisan group of representatives has been negotiating an immigration proposal for years and are writing their own bill. Last month, four Republican senators joined with four Democratic senators to announce their agreement on the general outlines of an immigration plan.

One of those senators, Sen. Marco Rubio, R-Fla., said Obama’s bill repeats the failures of past legislation and would be “dead on arrival” in Congress.

“It fails to follow through on previously broken promises to secure our borders, (and) creates a special pathway that puts those who broke our immigration laws at an advantage over those who chose to do things the right way and come here legally,” Rubio said. “It would actually make our immigration problems worse.”

The draft was obtained from an Obama administration official who said it was being distributed to various agencies. The official requested anonymity because he was not authorized to release the proposal publicly.

The bill mirrors many provisions of the bipartisan 2007 bill that was spearheaded by the late Sen. Ted Kennedy, D-Mass., and Sen. John McCain, R-Ariz., and ultimately failed.

In his first term, Obama often deferred to Congress on drafting and advancing major legislation, including the Affordable Care Act. He has openly supported the efforts in Congress to take the lead on immigration legislation, and just this week met with Democratic senators to discuss their proposals.

But two weeks ago in Las Vegas, while outlining his immigration plans, Obama made clear that he would not wait too long for Congress to get moving.

“If Congress is unable to move forward in a timely fashion, I will send up a bill based on my proposal and insist that they vote on it right away,” he said.

White House spokesman Clark Stevens said Saturday that the administration continues to support the bipartisan efforts ongoing in Congress.

With Ellis Island in the background, a group of immigrant rights advocates gathered on Wednesday in Liberty State Park in Jersey City.(Photo: Mel Evans, AP)

“The president has made clear the principles upon which he believes any common-sense immigration reform effort should be based,” Stevens said. “We continue to work in support of a bipartisan effort, and while the president has made clear he will move forward if Congress fails to act, progress continues to be made and the administration has not prepared a final bill to submit.”

According to the White House draft, people would need to pass a criminal background check, submit biometric information and pay fees to qualify for the new visa. If approved, they would be allowed to legally reside in the U.S. for four years, work and leave the country for short periods of time. After the four years, they could then reapply for an extension.

Illegal immigrants would be disqualified from the program if they were convicted of a crime that led to a prison term of at least one year, three or more different crimes that resulted in a total of 90 days in jail, or if they committed any offense abroad that “if committed in the United States would render the alien inadmissible or removable from the United States.”

People currently in federal custody or facing deportation proceedings also could be allowed to apply for the Lawful Prospective Immigrant visa. Application forms and instructions would be provided in “the most common languages spoken by persons in the United States,” but the application and all supporting evidence submitted to the federal government would have to be in English.

They would also be given a new identification card to show as proof of their legal status in the country.

The immigrants could then apply for legal permanent residence, commonly known as a green card, within eight years if they learn English and “the history and government of the United States” and pay back taxes. That would then clear the path for them to apply for U.S. citizenship.

To combat fraud, the draft proposes a new Social Security card be developed that is “fraud-resistant, tamper-resistant and wear-resistant.” The Social Security Administration would be required to issue the new cards within two years.

A major requirement for many Republicans is enhanced border security. The bill calls for an unspecified increase in the Border Patrol, allows the Department of Homeland Security to expand technological improvements along the border and adds 140 new immigration judges to process the heavy flow of people who violate immigration laws.

It also orders U.S. Customs and Border Protection (CBP) to study whether a land-border crossing fee should be implemented to help offset border security costs. The draft also proposes raising many inspection fees that border-crossers already pay.

The draft bill proposes a new plan to allow Homeland Security to “accept donations” from citizens, businesses and local and state governments to improve ports of entry and security features along the border. And it would require CBP to begin collecting statistics on deaths along the border and report them quarterly.

The draft also expands the E-Verify program that checks the immigration status of people seeking new jobs. Businesses with more than 1,000 employees must begin using the system within two years, businesses with more than 250 employees within three years and all businesses within four years.

Homeland Security, working with the U.S. departments of Labor and Agriculture, the attorney general and other agencies, would engage in a $40 million-a-year program to educate business owners and workers about the program.

Homeland Security also would be required to submit a report within 18 months showing how the worker verification system is working, and specifically explain how it is affecting the nation’s agriculture industry, which relies heavily on illegal immigrant workers.

The draft obtained by USA TODAY does not include sections that would alter the nation’s legal immigration system to adjust the future flow of legal immigrants, which is expected to be a critical component of any immigration overhaul.

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To those that have been lulled to sleep, it is time to wake up! I know you have been duped into thinking things would change in the past, but now, more than ever, there is real reason to believe that reform is coming! Don’t be caught sleeping when the laws change. Be prepared.

There are several key things that you can do to prepare for changes to come. Though nobody really knows what exactly reform will look like, there are several common-sense things that you can do to get ready:

Meet with a reputable immigration attorney NOW. When you consult with us, we will take down your information on our intake sheets. We will get all pertinent information, and once the law changes, we will be able to review our notes and tell you exactly how the change in law affects you. Schedule a consultation!

Review any criminal convictions. There are many criminal convictions that will more than likely make a person ineligible to take advantage of immigration reform. Some of these convictions are counterintuitive. You need to speak with an immigration attorney, and review your dispositions with them to determine whether you should see a criminal attorney to fix any criminal convictions. Please note that it does not necessarily matter that you may have paid all fines, served probations, or had convictions expunged. If you have ever been convicted of any crime, review this with your attorney.

·Gather your documents. You will likely be required to prove the amount of time you have in the United States, and any familial ties to this country. Gather documents such as: tax returns; birth certificates; rental agreements; receipts; bank statements; school records; and medical records. This will put you ahead of the game if you have already taken the time to get this information together.

Get a tax identification number (TIN). If you have not already done so, contact the IRS and get your TIN so that you can file your taxes every year. The government will likely require at least some proof of tax filing to take advantage of any changes in immigration law. Everyone can and should do this.

Save your money. The government is no doubt going to charge high filing fees for whatever applications are required. You might also be charged a fine for unlawful presence as part of the process. Start saving now so that you don’t have to delay your filing when the time comes.

Get started now.  If you wait, the line will be very long by the time you apply to take advantage of whatever reform is headed your way.  Finally, a word of caution: Beware of notarios, neighbors, and inexperienced attorneys.  As reform is revealed, there will be many unauthorized and inexperienced people, some with ill intentions, who will come out of the woodwork with offers to help.  Trust only experienced immigration attorneys, like the attorneys at Shabani & Associates with your future.

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What Does It Mean?

The waiver we are talking about is the waiver that is needed to be forgiven of the immigration offense of “unlawful presence.” Unlawful presence occurs when someone is not in lawful status in the United States, regardless of their mode of entry. Typically, individuals who come into the US with a visa, retain a right to process for permanent residence in the United States, IF they are married to a U.S. Citizen, or have U.S. Citizens children over the age of 21. Those individuals who entered the U.S. without inspection (those who came illegally), cannot obtain permanent residence in the United States, even if they are married to a US Citizen or have US Citizen children over the age of 21. These people must leave the U.S. and process for their permanent residence abroad. But, as soon as they leave, because they have typically had more than one year of “unlawful presence (being illegal), they are then barred from returning to the United States for 10 years, as punishment for their unlawful entry and unlawful stay. There is already in place a “waiver” or forgiveness of this ten year bar, but the waiver or forgiveness can only be obtained AFTER the person leaves the U.S. This new regulation merely changes Where and When the waiver can be applied for. It does NOT eliminate the need of the person to leave the United States to process for residence through their spouse.

Only certain relatives of US Citizens are eligible to apply for this provisional waiver. At this time, the provisional unlawful presence waiver process will remain available only to individuals who are immediate relatives of U.S. citizens (i.e., spouses, children, and parents (if the U.S. citizen is at least 21 years of age)).

Who Can Use the New Waiver?

To use the new process, the eligible individual must be currently IN the United States. The current centralized waiver process (with U.S. processing) will remain in place for those who have already departed the United States. This process is also not available to those who’s interviews have already been set by DOS as of the date of publication of the final rule (likely January 3, 2013). If the interview is scheduled AFTER that date, then the person is still eligible to process using the new system.

The new waiver process is for individuals who, when they depart, will be subject to the three and ten year bars. The current law states that only individuals who have U.S. Citizens Spouses or Parents who will suffer
“Extreme Hardship” are eligible to be granted this waiver. This standard has not been changed by the new regulations. Children are NOT qualifying relatives for purposes of the waiver of the three and ten year bars. USCIS is open to considering expanding the provisional unlawful presence waiver process to include lawful permanent residents as qualifying relatives after USCIS has a better understanding of the impact of the provisional unlawful presence waiver process on agency resources and operations.

Individuals who are currently in removal proceedings are eligible for submitting the waiver, IF their removal proceedings have been administratively closed and not re-calendered at the time of filing of the waiver request. Persons in this situation need to have their immigration court cases terminated or dismissed before leaving the US to avoid delays in returning at the consulate. Supposedly, ICE will work with individuals and their attorneys to terminate deserving cases (that I will wait to give judgement on).

Individuals with final orders of removal are NOT eligible for this new program.

Simply put, the ONLY people eligible for this new waiver process are those who’s only immigration problem is unlawful entry with unlawful presence.

How Does the New Waiver Process Work?

The filing fee for the new waiver process is the same as it is for the current waiver process, $585, plus an additional $85 for the biometrics fee. USCIS will not accept a filing of the Form I-601A (the new form used to file for the waiver) until March 4, 2012, and it will only accept that form once the I-130 has been approved, and the National Visa Center has begun the process for consular processing, with the necessary initial fees paid by the applicant, evidenced by the Department of State Visa Processing Fee Receipt.

In this final rule, USCIS does not modify how it makes extreme hardship determinations or how it defines extreme hardship. Consistent with how USCIS currently makes extreme hardship determinations, USCIS will consider all factors and supporting evidence that an applicant submits with his or her provisional unlawful presence waiver application. USCIS also has included in the Form I-601A instructions examples of factors to help provisional unlawful presence waiver applicants understand what can be provided to establish the required extreme hardship to a U.S. citizen spouse or parent.

USCIS will not commit to a certain processing time for these waivers, which, in the grand scheme is not a big deal, since the applicant will be in the United States with their family, but experience suggests that a processing time of 60-120 would not be abnormal.

So there you have it. A simplied description of what this new process is, and what it is not. If you think you qualify for this new process, contact us today at 404-816-8611 for an analysis of your case and your options.

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WASHINGTON—Secretary of Homeland Security Janet Napolitano today announced the posting of a final rule in the Federal Register that reduces the time U.S. citizens are separated from their immediate relatives (spouse, children and parents), who are in the process of obtaining visas to become lawful permanent residents of the United States under certain circumstances. The final rule establishes a process that allows certain individuals to apply for a provisional unlawful presence waiver before they depart the United States to attend immigrant visa interviews in their countries of origin. The process will be effective on March 4, 2013 and more information about the filing process will be made available in the coming weeks at http://www.uscis.gov/.

“This final rule facilitates the legal immigration process and reduces the amount of time that U.S. citizens are separated from their immediate relatives who are in the process of obtaining an immigrant visa,” said Secretary Napolitano.

U.S. Citizenship and Immigration Services (USCIS) received more than 4,000 comments in response to the April 2, 2012 proposed rule and considered all of them in preparing the final rule.

“The law is designed to avoid extreme hardship to U.S. citizens, which is precisely what this rule achieves,” USCIS Director Mayorkas said. “The change will have a significant impact on American families by greatly reducing the time family members are separated from those they rely upon.”

Under current law, immediate relatives of U.S. citizens who are not eligible to adjust status in the United States to become lawful permanent residents must leave the U.S. and obtain an immigrant visa abroad. Individuals who have accrued more than six months of unlawful presence while in the United States must obtain a waiver to overcome the unlawful presence inadmissibility bar before they can return to the United States after departing to obtain an immigrant visa. Under the existing waiver process, which remains available to those who do not qualify for the new process, immediate relatives cannot file a waiver application until after they have appeared for an immigrant visa interview abroad and the Department of State has determined that they are inadmissible.

In order to obtain a provisional unlawful presence waiver, the applicant must be an immediate relative of a U.S. citizen, inadmissible only on account of unlawful presence, and demonstrate the denial of the waiver would result in extreme hardship to his or her U.S. citizen spouse or parent. USCIS will publish a new form, Form I-601A, Application for a Provisional Unlawful Presence Waiver, for individuals to use when applying for a provisional unlawful presence waiver under the new process.
Under the new provisional waiver process, immediate relatives must still depart the United States for the consular immigrant visa process; however, they can apply for a provisional waiver before they depart for their immigrant visa interview abroad. Individuals who file the Form I-601A must notify the Department of State’s National Visa Center that they are or will be seeking a provisional waiver from USCIS. The new process will reduce the amount of time U.S. citizen are separated from their qualifying immediate relatives. Details on the process changes are available at http://www.regulations.gov/.

For more information, visit www.uscis.gov.

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YOUR OBLIGATIONS UNDER ALABAMA LAW
Congress is considering legislation that would mandate E-Verification participation nationwide and may expand the program to an employer’s current employees (E-Verification prohibits the use of the program on current employees). We will know more about this movement after the Presidential election.

The Alabama Legislature, in a fit of anti-immigration vitriol, jumped on the E-Verify bandwagon in summer of 2011. Though many larger employers in Alabama have already been subject to the new law (those with MORE than 100 employees) smaller, private employers in the state of Alabama with 11-99 employees must enroll in E-Verify and begin using the program on or before July 1, 2013. Private employers with 10 or fewer employees are exempt from this law (for now). This marks the final phase for employers to enroll and use E-Verify as part of Alabama’s Illegal Immigration Reform and Enforcement Act of 2011.

BACKGROUND
The Illegal Immigration Reform and Immigration Responsibility Act of 1996 (“IIRIRA”) mandated that the Department of Homeland Security (“DHS”) and US Citizenship and Immigration Services (“USCIS”) in partnership with the Social Security Administration (“SSA”) develop a system for employees to verify the employment eligibility of new hires. The program currently has over 23,000 participating employers.
In response to the Congressional mandate, the Department of Homeland Security, US Citizenship and Immigration Services, and the Social Security Administration developed an internet-based system that is available in all 50 states and currently free for employers to use. Participation is voluntary from a Federal perspective; however, many states, including Alabama, now require compliance from many employers across the state.
USCIS claims that the E-Verification program will accomplish the following goals:
· Reduce unauthorized employment (identity theft however remains a problem in that the system does not preclude individuals who use the identity of others)
· Virtually eliminate Social Security No Matches
· Minimize verification-related discrimination (although a disproportionate number of new hires who are subjected to tentative non-confirmations are foreign born)
· Protect civil liberties and employer privacy
· Be quick and non-burdensome
· Rely on secure documents

HOW IT WORKS
When an employer decides to participate in the E-Verification program, they must sign a Memorandum of Understanding (“MOU”) with USCIS. The MOU sets forth the rights and obligations of the employer, DHS, and SSA. For instance, by participating in the program, the employer gives DHS and SSA the authority to make periodic visits to the work site to review the E-Verify records. Also, if an employer fails to notify DHS that an employee is still on payroll after final non-confirmation, the employer may be fined. The employer can rescind the MOU upon giving a 30-day notice.
After the MOU is signed by the employer, DHS, and SSA, the employer sets up user accounts for the on-line system. The employer’s representatives must participate in an on-line tutorial and pass an on-line test prior to using the system.
Once an employee is hired with a company participating with E-Verification, the company must verify the employment eligibility of the new hire within three (“3”) days. The company must submit every new hire to E-Verification. The company is prohibited from using E-Verification on current employees.
The authorized company representative logs into the E-Verification system and submits the new hires name and Social Security Number. The new hire must have a Social Security Number. Many international hires, though authorized to work immediately, may not have a social security number. USCIS allows such hires additional time to obtain Social Security Numbers so that they may be run through E-Verification.
The E-Verification program checks the information provided and responds within a few seconds. The system returns either an:
· “Employment Authorized” response, indicating the employee is authorized to work or a
· “SSA Tentative Non-Confirmation” response, indicating that there is an information mismatch with SSA (this is a common response to naturalized US Citizens)
· “DHS Verification In-Process” response, indicating there is an information mismatch with DHS (this is a common response with international students or international employees switching employers)
The employer records the system generated verification number on the I-9 Form, or can attach a printout with the verification number to the Form I-9 as a record of verification. If the response is other than “Employment Authorized”, the employee has 10 days to contact either DHS or SSA depending upon the non-confirmation to resolve the information mismatch. If the new employee does not contest a Tentative Non-confirmation response, then it is considered to be a Final Non-confirmation and the employment may be terminated.

E-VERIFICATION ADVANTAGES
E-Verification’s goal is to help employers hire only employees authorized to work. For the vast majority of cases, E-Verification is quick and easy. Also, for employers with higher percentage of undocumented workers or who experience much use of fraudulent documents, E-Verification saves companies time by weeding out those unauthorized workers before SSA sends “No Match” letters to the company.
E-Verification provides an employer with a safe-harbor in its hiring practices. When employers submit all new employees to the E-Verification program, the employer obtains a “rebuttable presumption defense” that the employer did not “knowingly or intentionally” hire unauthorized workers.

E-VERIFICATION DISADVANTAGES
Participation in the program raises privacy and discrimination concerns for employees. The I-9 forms that are completed by the employer for each new hire do not require disclosure of a Social Security Number, instead a Social Security Card is but one form of many that a new employee may present for the I-9. However, the E-Verification program can only work with Social Security Numbers. The I-9 form specifically does not require certain documents to avoid potential disclosure of the numbers and to prevent discrimination. E-Verification essentially wipes away this protection by requiring the Social Security Number.
E-Verification disproportionately targets foreign nationals. Native born US Citizens with Social Security Numbers are employment authorized 99% of the time. Naturalized US Citizens, Permanent Residents, and other foreign nationals authorized to work tend to receive a much higher percentage of Tentative Non-Confirmations. Those who receive Tentative Non-Confirmations must then resolve the Tentative Non-Confirmations with either SSA or DHS or possibly both. Those with Tentative Non-confirmations create greater paperwork problems for the employers and thus may create discrimination when employers find it easier to avoid new hires with potential Tentative Non-Confirmation issues.
SUMMARY

Employers can use E-Verification as an effective tool for employers to help ensure the employment eligibility of new hires and can provide a beneficial “safe harbor” if it later turns out that a new hire was in fact not eligible to work. The program still has many false “Tentative Non-Confirmations” for naturalized US Citizens and foreign born employees changing employers which can be cumbersome for both the employer and

Employers wishing to participate in E-Verification can register online by visiting: https://www.vis-dhs.com/employerregistration.

If you would like further information about specific case scenarios or situations, please call our office at 205-823-1223, or e-mail us at shabanil@bellsouth.net to speak to one of our experienced immigration attorneys.

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