LAST week, we as a nation took part in the age-old tradition and privilege of making our voices heard through casting a vote for our preferred candidates in our local, state, and presidential elections. In the wake of the announcement of the election results, many of you might be asking yourselves “what does this mean for me and my family?” For the most part, nothing will change. Your everyday lives will not be affected – life goes on. For those who are concerned, this is not to dismiss your concerns because they are valid. Certainly, we are very much aware of the numerous news reports and posts on social media of what is happening out there on the streets. We do not encourage breaking any laws, so please, act accordingly. On the other hand, please be aware of your surroundings and be vigilant in watching out for yourself and the members of your community. We are all in this together.
We do not hold all the answers to the multitude of questions you may have. What we offer you all with this article is, hopefully, a sense of calm in these uncertain times. If you or anyone you know is a non-citizen undocumented immigrant, or non-citizen lawful permanent resident, the following may apply to their situation. It is important to consult with an experienced and licensed immigration attorney who will be able to guide you through the options available to you under evolving U.S. immigration laws.
Application for Naturalization. We encourage lawful permanent residents (LPR) who are eligible to apply for Naturalization to do so without delay. If you have been a permanent resident for 5 years, or if you have been a permanent resident for 3 years, have been married for to a U.S. citizen spouse for those 3 years and continue to live in marital union with said U.S. citizen spouse, please consult with an immigration attorney regarding your eligibility to apply for naturalization.
Deferred Action for Childhood Arrivals (DACA) still available. The Deferred Action for Childhood Arrivals (DACA) established in 2012 continue to be an available option for those who are eligible to apply. An individual is eligible under DACA if the following requirements are met: (i) you were under the age of 31 as of June 15, 2012; (ii) came to the U.S. before your 16th birthday; (iii) have continuously resided in the U.S. since June 15, 2007, up to the present time; (iv) was physically present in the U.S. on June 15, 2012 and at the time of making the request for DACA; (v) entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012; (vi) is currently in school, have graduated or obtained a certificate of completion from high school, have obtained a GED, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the U.S.; and (vii) has not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to security or public safety.
Provisional Waiver of Unlawful Presence still available. The Provisional Waiver of Unlawful Presence was introduced in 2013. The Provisional Waiver waives the unlawful presence ground of inadmissibility for immediate relatives of U.S. citizens who are physically present in the United States, and the waiver is based on the extreme hardship the U.S. citizen spouse or parent will suffer if the waiver is not granted. Recently, the Provisional Waiver was expanded to include those who have approved family-based or employment-based immigration petitions, special immigrant petitions, or if they are beneficiaries of the diversity visa lottery. As well, legal permanent spouses or parents are now included as qualifying relatives for purposes of extreme hardship.
Filing fees to increase in December. Filing fees for the U.S. Citizenship and Immigration Services (USCIS) are set to increase this coming December. If you are a non-citizen undocumented immigrant, or non-citizen lawful permanent resident looking to avail of any benefit(s) under current immigration laws, note that fees are set to increase in December. However, prior to filing any applications with USCIS, please consult with an experienced and licensed immigration attorney.
Negative consequences of Criminal Convictions. It is and has always been the case that a negative criminal conviction will have serious consequences, the worst of which is deportability, for an individual who is not a U.S. citizen, even if s/he is a lawful permanent resident (green card holder). If you are a non-citizen and you are facing a possible criminal conviction, it is best to consult both with a criminal attorney and with an experienced criminal immigration attorney who handles deportation defense before pleading to anything in criminal court.
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Atty. Lilli Berbano Baculi is an associate attorney with Chua Tinsay & Vega, A Professional Legal Corporation (CTV) – a full service law firm with offices in San Francisco, San Diego, Sacramento and Philippines. The information presented in this article is for general information only and is not, nor intended to be, formal legal advice nor the formation of an attorney-client relationship. Call or e-mail CTV for an in-person or phone consultation to discuss your particular situation and/or how their services may be retained at (619) 955-6277; (415) 495-8088; (916) 449-3923; [email protected]. For general information visit www.chuatinsayvega.com.
