With the recent turmoil following the earthquake and tsunami in Japan, the USCIS has established relief measures for Japanese nationals currently in the United States.  These measures may assist those present in the United States to establish and maintain lawful immigration status.  Relief may include:

• Expedited processing of immediate relative immigrant visa petitions;
• Extensions of advanced parole and expedited processing of advance parole requests;
• Expedited Employment Authorization;
• Granting an applications for change or extension of non-immigrant status such as L and H visas, even when filed after the authorized period of admission; and
• Assistance to LPRs stranded overseas without immigration documents.

While these emergency measures are being made available to Japanese nationals and Legal Permanent Residents currently in Japan, they are handled on a case-by-case basis. For this reason, it is important to contact a professional who can properly prepare these requests.  If you have any questions regarding how the emergency measures in place by the USCIS may assist you, contact the immigration attorneys at Garg & Associates at (949)540-6704.

As the lame duck session of Congress resumes, there is continued discussion that the DREAM Act (Development, Relief, and Education for Alien Minors Act) is gaining support and could reach a vote before the end of the year.  The passage of the DREAM Act, while far short of the ‘comprehensive immigration reform’ promised during the 2008 Presidential Campaign, would provide an option for many immigrants who were previously left with no means of achieving legal resident status.   Although there is a good deal rhetoric regarding the substance of the Act, the following are some of the key points regarding who would be eligible under the proposed legislation:

Applicants would be granted conditional residence if:

• They arrived to the United States at age 15 or younger at least five years before the date of the bill’s enactment;
• Acceptance into college, graduation from a U.S. high school, or awarded a GED in the U.S.; and
• Can demonstrate good moral character.

Conditional residence would be lifted and regular lawful permanent residence would be granted if the applicant:

• Graduates from a two-year college or certain vocational colleges;
• Studied for at least two years toward a 4-year degree or higher; or
• Served in the U.S. armed forces for at least two years.

Some estimates place the number of eligible applicants under these guidelines at over one million people who would now have access to employment, financial aid, and other privileges that are unattainable under the current immigration laws.  The ongoing developments surrounding the possible passage of the DREAM Act underscores the importance of keeping abreast of the issues surrounding immigration laws. The attorneys at Garg & Associates are available to answer any questions regarding the ongoing developments surrounding the DREAM Act in addition to possible eligibility under other immigration categories.

The L-1B Visa is a non-immigrant visa that allows a U.S. employer to transfer an employee who has specialized knowledge of the company’s workings from one of its affiliate foreign offices to the U.S. office. In addition to other requirements such as dual intent and specialized knowledge, the foreign office must by a “qualifying organization” as defined by 8 CFR 214.2(l)(1)(ii), which states that a foreign entity must be either a “parent”, “branch”, “affiliate”, or  “subsidiary” of the U.S. entity.  The statute defines each term as the following:

• A “Parent” means a firm, corporation, or other legal entity which has subsidiaries;

• A “Branch” is defined as an operating division or office of the same organization housed in a different location;
• A “Subsidiary” is defined as a firm, corporation or other legal entity of which a parent owns, directly or indirectly, more than half of the entity and controls the entity; or owns, directly or indirectly, 50% of a 50-50 joint venture and has equal control and veto power over the entity; or owns, directly or indirectly, less than half of the entity, but in fact controls the entity; and
• “Affiliate” is defined as:
  • One of two subsidiaries both of which are owned by the same parent or individual, or
  • One of two legal entities owned and controlled by the same group of individuals, each individual owning and controlling approximately the same share or proportion of each entity, or
  • Certain international accounting firms.

Although these definitions seem relatively straightforward, there is a variety of case law that demonstrates that there are differing interpretations of these definitions. In the past, courts have made specific rulings concerning stock ownership, contractual relationships, and ownership structure in determining whether foreign entities can be considered “qualifying organizations” for the purposes of an L-1B petition. Because there can be a variety of issues surrounding the relationship between a U.S. and foreign entity, it is important to consult an immigration attorney to discuss any potential issues that may arise. The immigration attorneys at our Long Beach office have a great deal of experience in processing successful L-1B applications and are available for consultations to assist you in any questions you may have concerning this, or any other immigration law inquiries.

Earlier this year, substantial debate took place regarding who would be covered by new health care reform laws passed by Congress. A great deal of this debate centered around how immigration status would affect coverage. In April, the National Immigration Law Center published a guide on how immigration status affects eligibility for benefits under the new Patient Protection and Affordable Care Act (PL 111-148).  While Naturalized Citizens are entitled to the same coverage as U.S.- born citizens, Legal Immigrants are not entitled to the same full protection. Under the new legislation, legal immigrants are entitled to:

•  eligibility for premium tax credits;
• the purchase of state insurance exchanges;
• the right to be included in state-run temporary “high risk pools”; and
• No waiting period for enrolling in state insurance exchanges or premium tax credits

However, legal immigrants are subject to related tax penalties, limited eligibility for Medicaid, and, depending on their state of residence, may have limited eligibility for Children’s Health Insurance Programs (CHIP).

Undocumented immigrants are not eligible for state insurance exchanges, premium tax credits, Medicare, CHIP, non emergency Medicaid, or cost-sharing reductions and are left with little by way of coverage under these laws.

The disparities between the health care coverage available to citizens (naturalized and U.S.-born), legal immigrants, and undocumented immigrants underscores the importance of exploring all available options for legalizing your immigration status and/or submitting a successful naturalization petition. The attorneys at Garg & Associates are experienced in these matters and are available to discuss all possibilities with you.