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Welcome to the Law Office of Irina Vinogradsky, LLC
OBAMA’S EXECUTIVE ACTION ON IMMIGRATION
President Obama announced New Relief from Deportation:
Deferred Action for Parents Accountability (DAPA)
Expansion of DACA: Age cap will be removed for DACA applicants, and the date that continuous presence must have started will be change to January 1, 2010.
Foreign Entrepreneurs. The new regulation will be passed to allow certain investors t be paroled into the U.S., or be granted parole in place if already in the United States, for job creation. The new policy guidance will implement national interest waivers for entrepreneurs, researchers, inventors, and founders.
Pre-registration for Adjustment of Status Applicants. The new regulation will provide for pre-registration for adjustment of status individuals with an approved employment-based immigrant petition who are caught in the quota backlogs to obtain the benefits of a pending adjustment.
I-601a Waivers. The provisional waiver will be expanded to include spouses and children of Lawful Permanent Residents. The definition of extreme hardship will be expanded and clarified.
Do you have questions about new president Obama’s Executive action , please call us!
CLEVELAND IMMIGRATION LAWYER IRINA VINOGRADSKY CAN REPRESENT YOU REGARDLESS OF YOUR PLACE OF RESIDENCE.
The Law Office of Irina Vinogradsky, LLC is different because its services are personal. Irina Vinogradsky commits to serving her clients with honesty and integrity while delivering exceptional value for her fees. She return phone calls and emails within 24 hours with very few exceptions. She aggressively defends her clients‘ interests. Irina Vinogradsky is a member of American Immigration Lawyers Association (AILA).
If you have questions or issues relating to immigration, please feel free to contact us.
WE OFFER AFFORDABLE REPRESENTATION.
Immigration to the United States of America can be a very challenging process. Whether your doing it for a better life, to stay with a family member, or just to start a new life, Cleveland immigration lawyer Irina Vinogradsky will help you with any issues related to the US Immigration. The United States welcomes people of different cultures and backgrounds.
Foreign citizens wishing to immigrate and live permanently in the U.S. must comply with U.S. visa immigration laws, and specific procedures to apply for visas. Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) are responsible for immigration matters, including naturalization. Naturalization is the process by which U.S. citizenship is granted to a foreign citizen or national after he or she fulfills the requirements established by Congress in the Immigration and Nationality Act (INA).
If you are looking for immigration lawyer in Cleveland do not hesitate to contact Cleveland immigration attorney Irina Vinogradsky to set up your FREE consultation to discuss what could be done to solve your problems.
If you have been charged with a crime, contact us as as soon as possible. All criminal convictions may have a serious impact on your immigration status.
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USCIS published potential questions with regard to Obama’s Executive action on Immigration
Q1: When will USCIS begin accepting applications related to these executive initiatives?
A1: While USCIS is not accepting applications at this time, individuals who think they may be eligible for one or more of the new initiatives may prepare now by gathering documentation that establishes factors such as their:
- Relationship to a U.S. citizen or lawful permanent resident; and
- Continuous residence in the United States over the last five years or more.
USCIS expects to begin accepting applications for the:
- Expanded DACA program approximately 90 days after the President’s November 20, 2014, announcement; and
- Deferred action for parents of U.S. citizens and lawful permanent residents (Deferred Action for Parents of Americans and Lawful Permanent Residents) approximately 180 days after the President’s November 20, 2014, announcement.
Others programs will be implemented after new guidance and regulations are issued.
We strongly encourage you to subscribe to receive an email whenever additional information is available on the USCIS website. Remember that the only way to get official information is directly from USCIS. Unauthorized practitioners of immigration law may try to take advantage of you by charging a fee to submit forms to USCIS on your behalf or by claiming to provide other special access or expedited services which do not exist. To learn how to get the right immigration help, visit www.uscis.gov/avoidscams for tips on filing forms, reporting scams and finding accredited legal services.
Q2: How many individuals does USCIS expect will apply?
A2: Preliminary estimates show that roughly 4.9 million individuals may be eligible for the initiatives announced by the President. However, there is no way to predict with certainty how many individuals will apply. USCIS will decide applications on a case-by-case basis and encourages as many people as possible to consider these new initiatives. During the first two years of DACA, approximately 60 percent of potentially eligible individuals came forward. However, given differences among the population eligible for these initiatives and DACA, actual participation rates may vary.
Q3: Will there be a cutoff date for individuals to apply?
A3: The initiatives do not include deadlines. Nevertheless, USCIS encourages all eligible individuals to carefully review each initiative and, once the initiative becomes available, make a decision as soon as possible about whether to apply.
Q4: How long will applicants have to wait for a decision on their application?
A4: The timeframe for completing this new pending workload depends on a variety of factors. USCIS will be working to process applications as expeditiously as possible while maintaining program integrity and customer service. Our aim is to complete all applications received by the end of next year before the end of 2016, consistent with our target processing time of completing review of applications within approximately one year of receipt. In addition, USCIS will provide each applicant with notification of receipt of their application within 60 days of receiving it.
Q5: Will USCIS need to expand its workforce and/or seek appropriated funds to implement these new initiatives?
A5: USCIS will need to adjust its staffing to sufficiently address this new workload. Any hiring will be funded through application fees rather than appropriated funds.
Q6: Will the processing of other applications and petitions (such as family-based petitions and green card applications) be delayed?
A6: USCIS is working hard to build capacity and increase staffing to begin accepting requests and applications for the initiatives. We will monitor resources and capacity very closely, and we will keep the public and all of our stakeholders informed as this process develops over the course of the coming months.
Q7: What security checks and anti-fraud efforts will USCIS conduct to identify individuals requesting deferred action who have criminal backgrounds or who otherwise pose a public safety threat or national security risk?
A7: USCIS is committed to maintaining the security and integrity of the immigration system. Individuals seeking deferred action relief under these new initiatives will undergo thorough background checks, including but not limited to 10-print fingerprint, primary name and alias name checks against databases maintained by DHS and other federal government agencies. These checks are designed to identify individuals who may pose a national security or public safety threat, have a criminal background, have perpetrated fraud, or who may be otherwise ineligible to request deferred action. No individual will be granted relief without passing these background checks.
In addition, USCIS will conduct an individual review of each case. USCIS officers are trained to identify indicators of fraud, including fraudulent documents. As with other immigration requests, all applicants will be warned that knowingly misrepresenting or failing to disclose facts will subject them to criminal prosecution and possible removal from the United States.
Q8: What if someone’s case is denied or they fail to pass a background check?
A8: Individuals who knowingly make a misrepresentation, or knowingly fail to disclose facts, in an effort to obtain deferred action or work authorization through this process will not receive favorable consideration for deferred action. In addition, USCIS will apply its current policy governing the referral of individual cases to Immigration and Customs Enforcement (ICE) and the issuance of Notices to Appear before an immigration judge. If the background check or other information uncovered during the review of a request for deferred action indicates that an individual’s presence in the United States threatens public safety or national security, USCIS will deny the request and refer the matter for criminal investigation and possible removal by ICE, consistent with existing processes.
Q9: If I currently have DACA, will I need to do anything to receive the third year of deferred action and work authorization provided by the executive initiatives?
A9: The new three-year work authorization timeframe will be applied for applications currently pending and those received after the President’s announcement. Work authorizations already issued for a two-year period under the current guidelines will continue to be valid through the validity period indicated on the card. USCIS is exploring means to extend previously issued two-year work authorization renewals to the new three-year period.
Q10: Will the information I share in my request for consideration of deferred action be used for immigration enforcement purposes?
A10: Information provided in your request is protected from disclosure to Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) for the purpose of immigration enforcement proceedings unless you meet the criteria for the issuance of a Notice to Appear or a referral to ICE under the criteria set forth in USCIS’ Notice to Appear guidance. Individuals who are granted deferred action will not be referred to ICE. The information may be shared, however, with national security and law enforcement agencies, including ICE and CBP, for purposes other than removal, including:
- Assisting in the consideration of the deferred action request;
- To identify or prevent fraudulent claims;
- For national security purposes; or
- For the investigation or prosecution of a criminal offense.
This policy covers family members and guardians, in addition to you.
Q11: What is USCIS doing to assist dependents of U.S. armed services personnel?
A11: USCIS is working with the Department of Defense to determine how to expand parole authorization to dependents of certain individuals enlisting or enlisted in the U.S. armed services. For information on the existing parole-in-place policy for military personnel, please read this policy memorandum.