Grand Rapids Immigration Lawyer Specializing In Marriage Visas, Green Cards, Deportation

ICE Announces Nearly 400,000 People Deported in 2011

2011-10-20T14:51:48Z

U.S. Immigration and Customs Enforcement (ICE) announced on October 18, 2011 their year-end removal numbers highlighting trends that underscore the agency's focus on removing individuals from the country that frall into priority areas for enforcement. These priorites include the identification and removal of those that have broken criminal laws, threats to national security, recent border crossers, repeat violators of immigration law and immigration fugitives.

In 2011, ICE removed 386,906 individuals -- the largest number in the agency's history. Of these, nearly 55 percent or 216,698 of the people removed were convicted of felonies or misdemeanors -- an 89 percent increase in the removal of criminals since 2008.

The Secretary of Homeland Security has directed ICE to to focus its resources as effectively as possible on key priorites. This includes the use and frequency of investigations and programs like Secure Communities and Operations Cross Check (SCOCC) that targets immigrants with criminal convictions.

In sum, the United States is working very hard to have aliens removed from this country who have criminal convictions more so than ever. This includes convictions of crimes that were previously not considered worthy of removing a person such as a drunk driving misdemeanor.

If you are a permanent resident who has been charged with a crime it is important than ever that you realize that a conviction could jeopardize your ability to stay in the United States. It is extremely important that the attorney handling your criminal case be familiar with the consequences a conviction might have on your immigration status. Or, at the very least, that your lawyer consult with an immigration lawyer.

Please call my office for a consultation on the consequences of a conviction to your immigration status before it's too late. My office's telephone number is 616-233-9300.

DHS Announces 18-Month Extension of Temporary Protected Status for Sudan and Designation for South Sudan

2011-10-18T19:24:29Z

The Secretary of Homeland Security extended the Temporary Protection Status (TPS) designation for Sudan for 18 months. The department also designated the Republic of South Sudan for TPS for 18 months.Both the extension and the new designation are effective November 3, 2011 and will continue through May 2, 2013.

The United States Citizenship and Immigration Service (USCIS) has strongly encouraged nationals from these countries (and persons with no nationality who last habitually resided in either country) to review the rules regarding the extension or new designation and follow the instructions on how to file an initial or re-registration application for TPS.

Additionally, the Department of Homeland Security is automatically extending the validity of employment authorization documents issued under the last extension of Sudan TPS for an additional 6 months, through May 2, 2012.

All affected persons seeking to obtain or maintain their TPS must file their application package no later than April 10, 2012.

If you think this may apply to you or someone you know, please do not hesitate to call my office at 616-233-9300 to discuss this very important deadline.

URGENT DEADLINE APPROACHING FOR NON-MINISTER IMMIGRANT VISAS

2009-10-20T12:32:00Z

Congress has temporarily extended the nonminister immigrant visa category, but only until October 31, 2009. Therefore, nonminister religious workers can presently file, or have adjudicated, their I-485 applications for permanent resident, but only for the next two weeks. Congress will consider a further extension, but when, or if that happens is uncertain.

1. Consider filing for adjustment by October 30, 2009, if you did not already

do so:

Because of the impending cutoff date, this means that the I-485 application for non-ministers must be filed and received at the relevant CIS Service Center, no later than Friday, October 30, 2009.

If you are a nonminister, or represent a nonminister, who remains otherwise eligible to adjust status under INA 245, but did not file in September when no visas were available due to the sunset of the category, you should consider submitting the adjustment of status application now. Note that pursuant to Ruiz-Diaz, an I-360 and I-485 can be filed concurrently. You must still meet the other eligibility requirements relating to qualifications: that is, an available job at a qualifying religious organization, and without having in excess of 180 days of unlawful presence/employment.

Filing the application for adjustment of status should cut off any unlawful presence /unauthorized employment that is accruing or will begin to accrue against the applicant after expiration of R-1 status. If you do not accomplish this for a nonminister whose R-1 runs out while a further extension by Congress is in limbo, your client could run past the 180 day grace period of INA 245k and be ineligible to adjust.

2. Seek expedites of pending non-minister I-485 applications:

Likewise, if your nonminister religious worker I-485 is pending adjudication, you should promptly request an expedited decision so the approval issues on or before October 30, 2009. My office is presently trying to confirm the best procedure to obtain such an expedite and will post this as soon as possible. If the application is not approved by October 30, adjudication cannot occur until Congress again extends the program.

The Law Office of Robert F. Mirque, Jr. has been representing clients with immigration matters for over 18 years. Mr. Mirque is a member of the American Immigration Lawyers Association and is prepared to take on your immigration issues. If you or someome you know has questions about non-minister immigrant visas or any other immigration issue, please call us at 616-233-9300 to schedule an appointment.

I Overstayed My Visa, Can I Apply For A Green Card If I'm Married to a US Citizen?

2009-10-18T23:15:00Z

A foreign national who is married to a United States citizen can apply for a "green card" in the United States provided their last entry into the United States they presented themselves for inspection at a United States port of entry and were legally inspected and then admitted or paroled into the United States.

This provision of the law forgives the fact that the foreign national has not maintained their legal status in the Unted States and forgives any unauthorized employment by the foreign national.

This means that even though you fell out of status, you are eligible to apply for a "green card" because you were legally admitted as an nonimmigrant and you are filing for the green card based on the fact that you are married to a U.S. citizen.

However, this provision of the law does not forgive other grounds of inadmissibility, such as criminal convictions, misrepresentation, or being subject to the unlawful presence bar. So the foreign national must otherwise be eligible for admission as a permanent resident.

If you have questions about applying for your "green card", please give me a call at 616-233-9300 to schedule an appointment.

Holiday Travel Tips Across the US - Canadian Border

2009-10-12T15:36:00Z

The Law Office of Robert F. Mirque and the U.S. Customs and Border Protection (CBP) reminds travelers planning trips across the border into the United States to have their approved travel documents and to anticipate heavy traffic during the celebration of the holidays.

The Western Hemisphere Travel Initiative, implemented on June 1, requires U.S. and Canadian citizens, age 16 and older to present a valid, acceptable approved travel document that denotes both identity and citizenship when entering the U.S. by land or sea. WHTI-compliant documents include a passport, U.S. passport card, enhanced driver’s licenses (EDLs) -- now produced by the states of New York, Michigan, Vermont and Washington; also the Provinces of Quebec, Ontario, Manitoba, and British Columbia -- or a Trusted Traveler Program card (NEXUS, SENTRI and FAST). For more information, visit thw WHTI Web site.

We also want to remind U.S. lawful permanent residents that the I-551 form (green card) is acceptable for land and sea travel into the U.S.

Border traffic volumes are expected to be greatly increased during this holiday weekend and all travelers are reminded of a few simple steps they can employ to cross the border.

Tip #1 – Travelers should familiarize themselves with the “Know Before You Go” section of the CBP Web site to avoid fines and penalties associated with the importation of prohibited items. “Know Before You Go” brochures are also available at border ports.

Tip #2 – Travelers should prepare for the inspection process before arriving at the inspection booth. Individuals should have their crossing documents available for the inspection and they should be prepared to declare all items acquired abroad. In addition, individuals should end cellular phone conversations before arriving at the inspection booth.

Tip #3 – Members of the traveling public should consult the CBP Web site to monitor border wait times for various ports of entry including Blaine and Sumas, Wash., Sweetgrass, Mont., and Pembina, N.D. Information is updated hourly and is useful in planning trips and identifying periods of light use/short waits.

Tip #4 – During periods of heavy travel, border crossers may wish to consider alternative, less heavily traveled entry routes.

Tip #5 – Travelers should plan to build extra time into their trips in the event they cross during periods of exceptionally heavy traffic (i.e. Thanksgiving holiday and adjacent weekends).

Tip #6 – Know the difference between goods for personal use vs. commercial use.

Tip #7 –Do not attempt to bring fruits, meats, dairy/poultry products and firewood into the United States from Canada without first checking whether they are permitted.

Tip # 8 – Understand that CBP officers have the authority to conduct enforcement examinations without a warrant, ranging from a single luggage examination up to and possibly including a personal search. Even during the holiday travel season, international border crossers should continue to expect a thorough inspection process when they enter the U.S. from Canada.

You should be aware that CBP will continually monitor traffic and border crossing times at area ports of entry. The agency stated that it plans to fully staff all inspection lanes during peak periods and implement various traffic management operations to maintain the flow of traffic during periods of exceptionally heavy usage.

The Law Office of Robert F. Mirque, Jr. wishes everyone a safe holiday season and if you have an immigration issue, please give us a call at 616-233-9300.

E-Verify Rule For Federal Contractors Becomes Effective Today

2009-09-11T01:09:00Z

We are reminding federal contractors and subcontractors that effective today, they may be required to use the E-Verify system to verify their employees’ eligibility to work in the United States if their contract includes the Federal Acquisition Regulation (FAR) E-Verify clause.

In July, Department of Homeland Security (DHS) Secretary Janet Napolitano strengthened employment eligibility verification by announcing the Administration’s support for the regulation that will award federal contracts only to employers who use E-Verify to check employee work authorization.

The E-Verify federal contractor rule extends use of the E-Verify system to cover federal contractors and subcontractors, including those who receive American Recovery and Reinvestment Act funds. Applicable federal contracts awarded and solicitations issued on or after today will include a clause committing government contractors to use E-Verify.

Companies awarded a contract with the E-Verify clause on or after today will be required to enroll in E-Verify within 30 days of the contract award date. With certain exceptions, E-Verify must be used to confirm that all new hires, whether employed on a federal contract or not, and existing employees directly working on these contracts are legally authorized to work in the United States.

More than 148,000 participating employers at nearly 560,000 worksites nationwide currently use E-Verify to electronically verify their workers’ employment eligibility. Since Oct. 1, 2008, more than 7.8 million employment verification queries have been run through the system and approximately 96.9 percent of all queries are now automatically confirmed as work-authorized within 24 hours or less.

For more information on the program, you can call my office at 616-233-9300 and we will be happy to answer all your I-9 questions.

Important Deadline for Religious Workers

2009-08-24T12:56:00Z

Readers of my blog are reminded of an important deadline for religious workers who might benefit from the court's order in Ruiz-Diaz v. United States, No. CO-71881RSL (W.D. Wash. June 11, 2009).

Applications for adjustment of status must be filed by August 31, 2009. This deadline applies to those applicants who had Form I-360 religious worker immigrant petitions pending as of June 11, 2009, and have accrued unlawful presence or unauthorized employment from the date of filing. A properly filed adjustment of status application by August 31, 2009 will toll any such unlawful presence or unauthorized employment until USCIS issues a final administrative decision.

If you have any questions about this deadline or any other immigration issue please give me a call at 616-233-9300.

Myth: Immigrants Are a Threat to Workable Health Care Reform

2009-08-11T19:49:00Z

FACT: The more people who pay into a system of health insurance, the more everyone benefits. An important function of health insurance is to pool risks and use premiums collected from the healthy to pay for the medical care of those who need it.

FACT: U.S. citizens make up the majority of those who are uninsured. U.S. citizens make up the majority of the uninsured (78%), while legal and undocumented immigrants account for 22% of the nonelderly uninsured.

FACT: Immigrants do not impose a disproportionate financial burden on the U.S. health care system. According to a July 2009 study in the American Journal of Public Health, immigrants use less medical care, and less expensive care, even when they have health insurance.

Immigrants' per-person medical expenditures were one-half to two-thirds less than U.S.-born citizens with similar characteristics. Health care costs for the average immigrant in America are 55% lower than health care costs for the average U.S.-born person. Another study found that, in 2005, average annual per capita health care expenditures for noncitizens were $1,797-versus $3,702 for U.S. citizens.
Recent immigrants were responsible for 1.4% of total public medical expenditures for adults in 2003, even though they constituted 5% of the population. (fn. 1)

So, if you think that immigrants are the reason why we can't solve the health care problem ... think again!

If you have questions about an immigration matter, please do not hesitate to give me a call at 616-233-9300 to schedule a meeting. And, thank you for reading my blog.

fn. 1 AILA InfoNet Doc. No. 09080561 (posted Aug. 5, 2009)

US Court Orders USCIS to Accept Concurrently Filed Religious Worker I-360 and I-485

2009-07-06T20:28:00Z

Some good news has come to religious workers who intend on filing an I-485.

In a United States District Court decision out of the state of Washington, the court in RUIZ-DIAZ v. UNITED STATES OF AMERICA, ruled that a Petitioner who filed or will file a Petition for Special Immigrant Religious Worker Visa (Form I-360) with the USCIS on behalf of an individual beneficiary may now file an Application for Adjustment of Status (Form I-485) and, if the beneficiary seeks employment status, may also file an Application for Employment Authorization (Form I-765) even if USCIS has not yet decided on the I- 360 petition.

Previously, the I-360 had to be adjudicated before the I-485 and I-765 could be filed.

The Court has struck down USCIS’ policy against concurrent filings as an unreasonable
interpretation of the applicable statute. In an order dated June 11, 2009, the USCIS is now required to accept as properly filed the I-485 and I-765 from individuals who are beneficiaries of a petition for special immigrant status, whether submitted concurrently with or subsequent to the visa petition.

Please keep in mind that this decision may be subject to review in the United States Court of Appeals. But for now this is a victory to the applicants filing under this category.

If you have any questions about religious worker visas, please call my office at 616-233-9300 to schedule an appointment.

USCIS Announces Resumption of Premium Processessing for Form I-140, Immigrant Petition for Alien Worker

2009-06-22T19:00:00Z

I have had a number of clients asking me about premium processing of their applications. Well, today the USCIS announced that effective June 29, 2009, it will resume Premium Processing Service for Form I-140, Immigrant Petition for Alien Worker, in accordance with 8 CFR 103.2(f)(2).

After an evaluation of its I-140 backlog reduction efforts and increased I-140 adjudicative efficiencies, USCIS has concluded that it is now able to provide Premium Process Service for this benefit.

USCIS will accept Premium Processing requests for Form I-140 Immigrant Petition for Alien Worker, involving EB-1 Aliens with Extraordinary Ability, EB-1 Outstanding Professors and Researchers, EB-2 Members of Professions with Advanced Degrees or Exceptional Ability not seeking a National Interest Waiver, EB-3 Professionals, EB-3 Skilled Workers, and EB-3 Workers other than Skilled Workers and Professionals.

Premium Processing Service is still not available for Form I-140, Immigrant Petition for Alien Worker, involving EB-1 Multinational Executives and Managers and EB-2 Members of Professions with Advanced Degrees or Exceptional Ability seeking a National Interest Waiver.

Under the Premium Processing Service, USCIS guarantees petitioners that, for a $1,000 processing fee, it will issue either an approval notice, or where appropriate, a notice of intent to deny, a request for evidence or open an investigation for fraud or misrepresentation, within 15 calendar days of receipt. If the petition is not processed within 15 calendar days, USCIS will refund the $1,000 fee and continue to process the request as part of the Premium Processing Service.

Premium Processing Service continues to be available for previously designated classifications within Form I-140 and Form I-129, Petition for Nonimmigrant Worker.

If you have qustions about Premium Processessing or any aspect immigration law, please call me at 616-233-9300 or email me at info@mirquelaw.com

US Grants Deferral for Widows of US Citizens Married Less Than Two Years

2009-06-09T21:39:00Z

U.S. Department of Homeland Security (DHS) Secretary Janet Napolitano today granted deferred action for two years to widows and widowers of U.S. citizens—as well as their unmarried children under 18 years old—who reside in the United States and who were married for less than two years prior to their spouse’s death.

“Smart immigration policy balances strong enforcement practices with common-sense, practical solutions to complicated issues,” said Secretary Napolitano. “Granting deferred action to the widows and widowers of U.S. citizens who otherwise would have been denied the right to remain in the United States allows these individuals and their children an opportunity to stay in the country that has become their home while their legal status is resolved.”

Secretary Napolitano also directed U.S. Citizenship and Immigration Services (USCIS) to suspend adjudication of visa petitions and adjustment applications filed for widow(er)s where the sole reason for reassessment of immigration status was the death of a U.S. citizen spouse prior to the second anniversary of the marriage.

Additionally, U.S. Immigration and Customs Enforcement (ICE) will defer initiating or continuing removal proceedings, or executing final orders of removal against qualified widow(er)s and their eligible children.

USCIS will also consider favorably requests for humanitarian reinstatement where previously approved petitions for widow(er)s had been revoked because of the law. DHS will soon issue guidance instructing the public on how to apply for this relief.

These directives apply regardless of whether the citizen filed a petition for the alien spouse before death. Deferred action is generally an act of prosecutorial discretion to suspend removal proceedings against a particular individual or group of individuals for a specific timeframe; it cannot resolve an individual’s underlying immigration status. Individuals granted deferred action may apply for work authorization if they can demonstrate economic necessity.

While Secretary Napolitano’s directive provides a short-term arrangement for widow(er)s of deceased U.S. citizens, legislation is required to amend the definition of “immediate relatives” in the Immigration and Nationality Act to permit surviving spouses to remain indefinitely after the U.S. citizen spouse dies, enabling them to seek permanent resident status.

Applicability Date for E-Verify Federal Contractor Rule Extended

2009-04-20T18:37:00Z

This just in ... The applicability date of the final rule requiring federal contractors and subcontractors to begin using U.S. Citizenship and Immigration Services’ (USCIS) E-Verify system has been pushed back by six weeks to June 30, 2009.

If you have any questions regarding I-9 compliance or any other immigration issue, give me a call at 616-233-9300 or email me at info@mirquelaw.com ...

Reminder to All Employers to Use the New I-9 Forms

2009-04-06T22:43:00Z

U.S. Citizenship and Immigration Services (USCIS) issued a reminder that the revised Form I-9, Employment Eligibility Verification (Rev. 02/02/09), went into effect April 3, 2009 for all U.S. employers. The revision date is printed on the lower right-hand corner of the form.

The interim final rule, published Dec.17, 2008 in the Federal Register, revised the list of documents acceptable for the Employment Eligibility Verification (Form I-9) process. Employers may no longer use previous versions of the Form I-9.

It is the USCIS' position that the revised list will improve the security and effectiveness of the Form I-9 process. The list specifies that expired documents are no longer acceptable forms of identification or employment authorization. Allowing for expired documents makes it more difficult for employers to verify an employee’s identity and employment authorization and compromises the Form I-9 process.

USCIS also updated the Handbook for Employers – Instructions for Completing Form I-9 to reflect the requirements of the revised Form I-9.

If you have questions about I-9 compliance, you can take a look at a power point presentation (scroll down to "SlideShare Presentations" and click to start) on I-9 compliance that I presented to West Michigan employers in January 2009. Or, if you have any question about immigration law in general, please contact me at rfmirque@mirquelaw.com or by telephone at 616-233-9300.

Thanks for reading my blog.

USCIS Announces Acceptance of H-1B Applications for FY2010 starting April 1, 2009

2009-03-26T01:03:00Z

U.S. Citizenship and Immigration Services (USCIS) announced that it will begin accepting H-1B petitions subject to the fiscal year 2010 (FY 2010) cap on April 1, 2009. Cases will be considered accepted on the date that USCIS takes possession of the petition; not the date that the petition is postmarked.

The numerical limitation on H-1B petitions for fiscal year 2010 is 65,000. Additionally, the first 20,000 H-1B petitions filed on behalf of aliens who have earned a U.S. masters’ degree or higher are exempt from the fiscal year cap.

USCIS will monitor the number of petitions received and will notify the public of the date USCIS has received the necessary number of petitions to meet the H-1B cap, known as the “final receipt date.” The date USCIS publishes information that the cap has been reached does not control the final receipt date. To ensure a fair system, USCIS will, if needed, randomly select the number of petitions required to reach the numerical limit from the petitions received on the final receipt date. USCIS will reject cap subject petitions that are not selected, as well as those received after the final receipt date.

H-1B petitions cannot be filed more than six months in advance of the requested start date. Petitions seeking an H-1B worker for an Oct. 1, 2009 start date can be filed no earlier than April 1, 2009.

Petitions for new H-1B employment are exempt from the annual cap if the beneficiaries will work at institutions of higher education or a related or affiliated nonprofit entities, or at nonprofit research organizations or governmental research organizations. Thus, employers may continue to file petitions for these exempt H-1B categories seeking work dates starting in FY 2009 or 2010.

Petitions filed on behalf of current H-1B workers who have been counted previously against the cap also do not count towards the congressionally mandated H-1B cap. Accordingly, USCIS will continue to process petitions filed to:

Extend the amount of time a current H-1B worker may remain in the United States.
Change the terms of employment for current H-1B workers.
Allow current H-1B workers to change employers.
Allow current H-1B workers to work concurrently in a second H-1B position.

H-1B petitioners should follow all regulatory requirements (8 CFR §214.2) as they prepare petitions to avoid delays in processing and possible requests for evidence. USCIS has developed detailed information, including a processing worksheet, to assist in the completion and submission of a FY2010 H-1B petition. Those documents are available from the Related Links section of this page.

U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields, such as scientists, engineers, or computer programmers.

If you have a question about obtaining an H-1B Visa or any question related to immigration law, call me at 616-233-9300 or email me at info@mirquelaw.com

The Basics of Deportation/Removal

2009-03-11T01:49:00Z

When an alien is placed into removal proceedings the wheels of uncertainty begin to spin. Family members are often left in a state of panic, confusion, depression and financial despair and often don’t know who to turn to for help. Getting information or simply trying to locate an alien who has been taken into custody can become time consuming and frustrating.

I have successfully represented many clients placed in removal proceedings. I only take on cases that I believe have a chance of winning. Generally, my clients are informed at the initial consultation if I can help them with their removal case. Before I agree to represent a client in removal proceedings, I evaluate the client’s case to determine whether immigration relief is available to the client and the chances of getting that relief granted by the immigration judge. I also determine whether the client can be released on bond and whether the case, if located in another city or state can be moved to an immigration court closer to the client’s home.

The Department of Homeland Security can transfer aliens in removal proceedings within Michigan and even out of State. Usually, the government house aliens in leased jail space such as th Calhoun County Jail in Battle Creek, Michigan or the Monroe County Jail in Monroe, Michigan.

If necessary, I will order a client’s immigration file from the Department of Homeland Security and their criminal histories from the FBI and State Police to assist me in evaluating their removal case.

An alien may be placed into removal proceedings for many reasons. These reasons are referred to as grounds of inadmissibility and grounds of deportability. In many instances, aliens are placed in removal proceeding because of their criminal history and/or illegal status.

For aliens placed into removal proceedings because of a criminal conviction, I determine the effect that a conviction or convictions will have on an alien’s immigration status. In addition, I will explore the possibility of vacating, expunging or reducing a criminal conviction when it is beneficial to the alien’s removal case to do so.

Immigration court proceedings generally consist of a bond hearing and removal hearings. At a Bond hearing, the immigration judge will decide whether the alien should be released on bond while removal proceedings are pending. At the Master Calendar hearing, an alien will admit or deny the allegations in the charging document called the Notice to Appear, concede or deny removability and inform the immigration judge of the immigration relief that the alien will be applying for to avoid being removed from the United States.

At the Merits hearing, (also referred to as the Individual hearing), the immigration judge will make determine if the alien gets to stay in the United States or will have to leave after hearing all the hearing presented by the attorney for the alien and the U.S. government’s attorney. At the hearing, the alien’s attorney will present documents, take testimony on direct examination from the alien, the alien’s family members and any expert witnesses. The government attorney will also be given an opportunity to cross-exam any witnesses presented by the alien’s attorney.

I represent clients at all hearings, including the bond, master and merit’s hearings in Michigan, Ilinois and any other State. Aliens placed in removal proceedings or their family members can contact the The Law Office of Robert F. Mirque, Jr. at (616) 233-9300 or email me at info@mirquelaw.com .

First Child Naturalized Overseas

2009-03-04T20:13:00Z

Martin Miles Ulsano, age 7, the child of a member of the U.S. Navy, today recited the Oath of Allegiance at a naturalization ceremony held here in the Chapel of Hope. In doing so, he became the newest citizen of the United States, and the first child naturalized overseas.

Martin, who was born and raised in Japan, is the son of Eugeline and Navy Petty Officer 2nd Class Caesar Ulsano. Caesar, who is originally from the Philippines, became a naturalized citizen in 2004 in Hawaii.

“The successful first naturalization of a child overseas reflects the exemplary work of U.S. Citizenship and Immigration Services employees in Korea and the military unit at our Nebraska Service Center,” said Mike Aytes, USCIS Acting Deputy Director. This also reflects the great teamwork between USCIS’ domestic and international operations divisions.

James Zumwalt, the Charge D'Affaires from the U.S. Embassy in Tokyo, delivered the keynote speech. Kenneth Sherman, Director of USCIS’ field office in Seoul, Korea, presided over the ceremony and administered the Oath of Allegiance to Ulsano and the 62 active duty service members and nine military spouses stationed in the Pacific, who also became new citizens.

The new citizens come from diverse backgrounds, hailing from China, Columbia, Dominican Republic, Ecuador, El Salvador, England, France, Ghana, Guyana, Haiti, Jamaica, Japan, Kenya, Korea, Mexico, Morocco, Philippines, Romania, and Vietnam.

The National Defense Authorization Act of Fiscal Year 2008 permits children of U.S service members to receive their citizenship overseas where their parent is stationed even though the child may never have been in the United States. Previous immigration law required these children to be physically present within the United States to naturalize.

If you have a question about naturalization or any aspect of immigration, call me at 616-233-9300 to schedule an appointment.

Premium Processing Service Expanded for Certain Form I-140 Petitions

2009-02-27T13:35:00Z

U.S. Citizenship and Immigration Services (USCIS) will expand Premium Processing Service for designated Forms I-140 (Immigrant Petition for Alien Worker) to include alien beneficiaries who have reached, or are reaching, their limitation of stay in H-1B nonimmigrant status. Currently, only certain alien beneficiaries who are in H-1B nonimmigrant status at the time of filing may request premium processing for Form I-140.

Beginning March 2, 2009, USCIS will accept Form I-907 (Request for Premium Processing Service) for alien worker petitions filed on behalf of alien beneficiaries who, as of the date of filing the Form I-907:

Are the beneficiary of a Form I-140 petition filed in a preference category that has been designated for premium processing service;
Have reached the sixth-year statutory limitation of their H-1B stay, or will reach the end of their sixth year of H-1B stay within 60 days of filing;
Are only eligible for a further H-1B extension under section 104(c) of the American Competitiveness in the Twenty-first Century Act of 2000 (AC21); and
Are ineligible to extend their H-1B status under section 106(a) of AC21.

Section 104(c) of AC21 permits applicants to extend their stay in H-1B nonimmigrant status in increments of up to three years, provided they are the beneficiary of an approved Form I-140 and an immigrant visa is not immediately available. Section 106(a) of AC21 permits applicants to extend their stay in H-1B nonimmigrant status in increments of up to one year, provided the Form I-140 petition or underlying labor certification has been pending for at least 365 days.

Premium Processing offers 15 calendar day-processing for designated employment-based petitions and applications upon request. There is a nonrefundable fee of $1,000 for this service. During the 15-day period, USCIS will issue an approval or denial notice, a notice of intent to deny, a request for evidence, or open an investigation for fraud or misrepresentation.

If you have a question about this topic or any immigration related question, please call me at 616-233-9300 or email me at info@mirquelaw.com to schedule an appointment.

Non-Minister Special Immigrant Religious Worker Expiring 03/06/2009

2009-02-09T23:55:00Z

On March 6, 2009, the category covering non-minister special immigrant religious workers will expire. The non-minister religious worker category includes professional or non-professional capacities within a religious vocation or occupation. Therefore, individuals under the non-minister category must adjust their status to permanent residence or be admitted before March 6, 2009. Unless there is a Congressional extension of the expiration date, U.S. Citizenship and Immigration Services (USCIS) will suspend further processing of any pending applications under the non-minister category. The expiring category does not affect individuals applying under the minister category of the program. If the program is extended beyond March 6, 2009, get updates by calling my office at (616) 233-9300 or check out the USCIS website www.uscis.gov.

SENATE PASSES BILL PROVIDING HEALTH COVERAGE FOR IMMIGRANT KIDS

2009-01-30T19:23:00Z

The House passed this even before the President was sworn in. The bill now brings in a large number of legal immigrant children in to the Children's Health Insurance Program. Pro-immigrant groups are applauding the measure. From a press release from the National Conference of La Raza:

Legal immigrant children in the U.S. are today one step closer to accessing critical health care services. The Senate approved the “Children’s Health Insurance Program Reauthorization Act,” (SCHIP) a bill that will provide more health insurance opportunities for approximately four million children in the U.S. and includes legal immigrant children and pregnant women in the scope of its coverage. The National Council of La Raza (NCLR), the largest Latino civil rights and advocacy organization in the U.S., fought to end a five-year waiting period for legal immigrant children and pregnant women that has shut hundreds of thousands out of Medicaid and SCHIP for a decade. The bill was passed by a vote of 66-32. The bill’s passage affirms President Barack Obama’s recent actions and statements supporting healthcare for every child in the U.S.

“Including legal immigrant children in the reauthorization of SCHIP affirms American values. America is not a country that chooses which children get health coverage and which do not,” said Janet Murguía, NCLR President and CEO. “Latino children continue to be the most uninsured ethnic group in the country. Yesterday’s vote provides a strong signal that the new Congress is committed to addressing the issues that affect the Latino community.”

Murguía also lauded the leadership of several Senators who helped advance the legislation in spite of receiving public criticism for their support of the bill. “We are glad that Congress chose not to play games with the health care of America’s children. Majority Leader Harry Reid (D–NV) and Assistant Majority Leader Richard Durbin (D-IL), and Senators Jay Rockefeller (D–WV), Olympia Snowe (R–ME), and Robert Menendez (D–NJ) should be especially commended for their sustained efforts in the fight to achieve healthcare for our littlest ones,” noted Murguía.

If you have any questions about an immigraton matter, the Law Office of Robert F. Mirque, Jr. has 18 years of experience you can trust. Please call my office at 616-233-9300 or email me at rfmirque@mirquelaw.com

Why Do I Need an Immigration Lawyer?

2009-01-21T19:03:00Z

An attorney is trained in understanding and applying laws and regulations. Immigration and nationality laws, regulations, and administrative procedures are extremely complex. Congress and the different federal and state agencies, such as the Department of Homeland Security, Department of Justice, Department of State and Department of Labor are continually enacting and amending regulations and administrative procedures that have far reaching immigration consequences. An immigration attorney will be aware of new and amended laws, regulations, and administrative procedures, thus affording a client the best possible results with his particular case.

Even with today's technology and access to voluminous legal and other resources via the worldwide web, one can become confused and entangled with the information and data presented requiring clarification and guidance. An experienced immigration attorney can evaluate and determine the best course of action for obtaining an immigrant or nonimmigrant visa.

The Law Office of Robert F. Mirque, Jr. has over 18 years of experience helping people with immigration matters. If you have an immigration issue and you want legal assistance, please call me at (616) 233-9300 to schedule a free, no obligation appointment or email me at rfmirque@mirquelaw.com