Archive for March, 2010
People requesting asylum in United States and other countries increase
Posted by Josun in Asylum - Refugee status on March 23, 2010
Asylum and refugee problems keep growing in United States and other countries
People from many countries come to the United States and claim that will face prosecution if they go back to their own countries. This is typical asylum case. Many countries in the world extend such assistance for people whose lives and properties are at risk in their return.
United States handles increasing number of asylum cases increasing each year for human rights protection. Some law firms have limited pro bono assistance programs for foreign national seeking asylum in the United States, and some nationals hire immigration attorney. However, there are others who cannot afford to pay legal fees starting from $3,000 charged by lawyers.
Afghans were on top of asylum applicants list in 2009
United Nations High Commissioner of Refugees (UNHCR) reports each year the asylum and refugee status in all countries. According to UNHCR report, 26,800 Afghans submitted asylum applications followed by Russians, Chinese, Serbians, and Nigerians. In 2009, there were 377,000 people seeking asylum on worldwide basis.
Detention centers are getting increasing number of asylum seekers and refugees each year
Asylum and refugee protection is secured under 1948 Universal Declaration of Human Rights and 1951 Protocol of the U.N. Convention Relating to the Status of Refugees. While these arrangements try to protect human rights all over the world, there are no specific timeframe and specific procedures in handling the asylum and refugee cases.
United States is protecting those political asylum seekers and refugees even if they do not have proper travel and identification documentation when such people face torture and persecution if they return to their home countries.
United States increases measures to protect borders
Due to increased threat of terrorism, United States and other major countries such as United Kingdom and Australia increased level of protection of borders affecting the number of asylum seekers and refugees entering the country.
Immigration reform will cover asylum and refugee status
After signing of the comprehensive health reform act on March 23, 2010, President Obama will focus on immigration reform. New immigration act will also cover issued to handle the status of refugees and asylum cases.
Chances are slim for immigration reform bill to pass this year
Posted by Rosy in Immigration Reform on March 16, 2010
Comprehensive immigration bill is one of the top agenda items of President Obama. However, priority given to health care reform and lengthy debates expected at the Congress reduced possibility of U.S. immigration system overhaul in 2010. Leading Republicans made public statements stating they the did not see any chance for passing an immigration reform bill this year.
President Obama faces pressure from the Congressional Hispanic Caucus to push the immigration reform to provide insurance for illegal immigrants. President promised and is committed to go forward in introducing a comprehensive immigration reform while not promising a certain timeframe.
Another obstacle is many Republicans who are not in favor of providing such benefit for undocumented immigrants.
It seems that the fate of comprehensive immigration legislation depends on the developments in health care reform bill. If health reform bill clears both houses and comes to the President for signature faster than expected, then the chances of passing the immigration reform bill will increase in 2010.
You options to bring your foreign wife/husband to United States
Posted by Josun in Avoid Green Card Mistakes on March 3, 2010
What would be the best approach for you if you, as a U.S. citizen, want to live as husband and wife in the United States as soon as possible?
United States Citizenship and Immigration Services (USCIS, formerly Immigration and Naturalization Service – INS) made changes in processing K-3 marriage-based visa petitions. If you make an application by filling out Form I-130 and form K-3 via National Visa Center (NVC) to speed up the process, then NVC will close your K-3 petition. This procedure went into effect as of February 1, 2010.
How will new procedure affect your status?
Here’s more clarification: as a U.S. citizen, you married a foreign national. You want your wife or husband to come to United States to live together. You have two options:
1) You apply to the USCIS by filing immigrant petition I-130 for your foreign spouse to bring him/her to United States. USCIS approves your petition and forwards it to NVC with your financial support affidavit. NVC forwards it to consular section of the U.S. embassy in the country of your spouse.
2) You choose to make an application for K-3 (not K-1 fiancé) visa. Because, processing time for K-3 visa is faster.
In the past, NVC was processing both petitions (I-130 and K-3) and you, as an American citizen, were able to bring your spouse while your immigrant visa application was in progress. So, your foreign spouse was able to come to United States as legal resident and stay with you while waiting for visa.
Your options under new USCIS rule
Now, if you make two applications (I-130 and K-3) to speed up the process, NVC will not process both of your applications as it did in the past. Instead, NVC will close your K-3 petition and process only your I-130 petition. The reason is simple: USCIS will reduce its workload by processing only one petition.
According to Paul Szeto, Esq., if you make an application for K-3 only, you may see your spouse faster than applying for I-130. Furthermore, as a result of reduction in workload, USCIS and NVC processing time will be shorter.