Reuben S. Seguritan

Green Card Is Possible Despite Petitioner’s Death

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Is it still possible for the beneficiary to get a green card even if petitioner dies? Before Section 204(l) of Immigration and Nationality Act was enacted by Congress, the death of the petitioner automatically revoked the petition save for two instances.

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Supreme Court to Rule on CSPA Priority Date Retention

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The U.S. Supreme Court heard oral arguments in the case of Mayorkas v. De Osorio last December 10. The Court’s decision is expected by June 2014 and will have far-reaching implications to derivative beneficiaries of family-based preference petitions.

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Adjustment of Status of 245(i) Derivative Beneficiary

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An alien who entered the U.S. without inspection, worked without authorization or overstayed a temporary visa is generally not eligible to adjust status to that of a lawful permanent resident. Congress passed a law in 1994 which allowed aliens, who were otherwise ineligible, to adjust their status in the United States.

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Immigration Reform Is Top Priority in 2014

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The House of Representatives wrapped up its affairs for 2013 without passing an immigration reform bill. This despite the continued and intensified protests of immigration advocates to pressure the House to vote on an immigration bill before it closed its 2013 legislative calendar.

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Automatic Citizenship After Birth

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When may a child born outside of the U.S. of alien parents acquire automatic citizenship? The Child Citizenship Act, embodied in Section 320 of the Immigration and Nationality Act (INA) provides that a child automatically becomes a U.S. citizen if all of the following conditions are met: the child has at least one parent, including an adoptive parent who is a U.S. citizen by birth or naturalization, the child is under 18, is residing in the U.S. pursuant to a lawful admission of permanent residence and is in the legal and physical custody of the U.S. citizen parent.

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Parole for Military Family Members

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The USCIS recently issued a policy memorandum clarifying the grant of parole to families of military members and veterans who are already in the United States and who entered without inspection. This allows them to remain in the country and apply for green cards, if eligible.

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Employment Authorization for Abuse Victims

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Under the Violence against Women Act (VAWA), battered spouses, children and parents of U.S. citizens and permanent residents may file an immigrant visa petition for themselves. The law allows them to self-petition for immigration benefits in order to seek safety and independence from the abuse.

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USCIS Expedites Processing of Relative Petitions

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There have been concerns regarding the slow adjudication of Form I-130 petitions filed by US citizens for their immediate relatives. Until very recently the USCIS has taken a year to process the petitions and the delay has caused long separation of families.

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Risk of Prolonged Travel Abroad

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Permanent resident status is a privilege that may be lost and/or revoked if not maintained and preserved.

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TPS Designation for Philippines

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The Secretary of Homeland Security has the authority to designate a foreign country for temporary protected status (TPS) due to conditions in the country such as an ongoing armed conflict, environmental disasters and other extraordinary conditions that temporarily prevent the country’s nationals from returning safely.

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Cynthia V. Reyes DMD