Obtain Permanent Residence--Simply by Registering!

Ok, it's not quite that easy, but there is a provision under the immigration laws, albeit not the most commonly-used, that allows for a person to obtain permanent residence through "registry." How does one spot a registry case, you might ask? Well, the clues may lie in the number of lines or even wrinkles in your client's face! Here's what I mean: say a potential client walks in the office one day and tells you that they are in a very sad situation because they have no status, no valid visa, no qualifying family relative has ever filed an immigration petition on their behalf, no labor certification, no NOTHING! And of course, they want to know if there's any hope for them to legalize their status. Hmm, you think; doesn't appear that they qualify for any relief...except! They look somewhat older than say, the average 25 year old. You ask them when they first came to the US. Hmm, not sure, they say, but I think it was sometime in 1970 or 1971. Aha! You've just uncovered a hidden gem in the immigration laws that might afford this lucky soul a path to citizenship. I write of course, of the Registry program under Section 249 of the Immigration and Nationality Act.

Registry under the INA provides that a person's status may be adjusted to that of a lawful permanent resident if they can prove that they entered the U.S. before January 1, 1972, and that they maintained continuous residence from that time through the time of the adjustment application. The person must also show that he/she is one of good moral character, is not ineligible for citizenship, is not inadmissible under certain criminal grounds, isn't a subversive, violator of narcotics laws and alien smuggler, among other bad apples. The person does not even have to have a family or employer sponsor, nor is he/she subject to the dreadful visa backlog numbers. This category of applicants also do not need to submit an affidavit of support nor a medical exam, as registry is not subject to these grounds of inadmissibility. The tricky part for some applicants, however, may be gathering and submitting proof to the immigration service of having held continuous residence in the U.S. all the way back to 1972. And, the granting of the application is at the discretion of the government, so there is never a guarantee that the application will be approved. Still, registry can prove to be a hidden gem for many persons who entered the U.S. decades ago, and who thought they were unable to seek any form of relief after so many years of being out of status, having overstayed their visas, or having entered without valid documentation at all. Consult your immigration lawyer for legal advice on this law.

USCIS reminds persons to obtain Advance Parole for holiday travel

Foreign persons planning on traveling outside the US for the holidays should file for and obtain advance parole early. Advance parole is required of applicants with pending adjustment of status applications, asylum applicants, & others. Holiday travel season is just around the corner and USCIS is taking about 3 months to process the travel document.

http://www.aila.org/content/fileviewer.aspx?docid=30372&linkid=210853

New 287(g) Agreements Between ICE and Local Law Enforcement-Headed to Official Racial Profiling?

On October 16, 2009, ICE issued a press release announcing it had entered into agreements with 67 local law enforcement agencies to "improve public safety" by targeting criminal aliens who may be a threat to local communities, and to enforce immigration laws. As if local law enforcement of immigration laws hasn't taught us a stark lesson already--just check numerous news accounts across the country of local law enforcement applying racial profiling to stop and inspect persons believed by the officers of being in the US "illegally." (take Arizona and Cobb County, GA as a couple of the most egregious examples). Is Department of Homeland Security turning a blind eye on civil rights violations for the sake of a blanket policy that targets, and let's be real here, brown, Latino, and specifically, Mexican and Central American immigrants? Or has the Department narrowed its processes and set safeguards to further its enforcement policies to rein in criminals? Here's the link to ICE's website with the announcement: http://www.ice.gov/pi/nr/0910/091016washingtondc.htm.