by Lauren Vogt

President Obama held a press conference several minutes ago regarding his push for immigration reform before the end of 2013.  The President reiterated points he has been making for months: 

• Immigration reform will benefit our economy, our national security, and our people
• Foreign nationals who attend our universities should be given the chance to start businesses in the U.S. rather than taking their skills back to their home countries
• A pathway to earned citizenship should be available for undocumented individuals who pass a background check, pay a fine, pay back taxes, and learn English

The President urged the House of Representatives to take on immigration reform by the end of the year. The Senate passed a comprehensive bill in June, while House Democrats introduced their own bill earlier this month that includes an updated border control section that already passed the House Homeland Security Committee. The House has not yet taken up either of these bills.

President Obama encouraged immigration reform supporters to keep fighting, regardless of the obstacles they face. He thanked members of the audience for their persistence, activism, passion, and heart.  The President mentioned that leaders have worked for years to pass immigration reform, and that this is the moment that we should finally be able to get it done.

We will continue to monitor any updates in legislation.

by Lauren Vogt

Despite the U.S. government shutdown, we at L&L Immigration Law, PLLC are busy working to support our clients.  Though the U.S. Citizenship and Immigration Services (USCIS) and Department of State are still processing visas, clients are having immigration court dates postponed unless they are currently in detention.  The Department of Labor is not processing necessary applications for employment-based visas.  Our attorneys are committed to keeping up with the news and relaying important information back to our clients.

During this time of uncertainty, immigrants’ rights supporters are not slowing down their push for comprehensive immigration reform.  Last Tuesday, I attended the Camino Americano: Rally and March for Immigrant Dignity and Respect held on the National Mall.  Though the Mall is generally closed to the public during the shutdown, the event was allowed to proceed on first amendment grounds. 

Similar to the last rally we attended, this event included a star-studded list of immigration reform proponents.  Highlights included:

·         Civil rights leader and NAACP board member Julian Bond discussed how the Black and immigrant communities should come together to support each other in the fight for civil rights

·         President of the American Federation of Teachers Randi Weingarten stressed that America’s teachers are behind immigration reform, and that this isn’t a Democrat or Republican idea, but an American idea

·         Senator Robert Menendez, one of the “Gang of 8” who introduced the immigration bill that passed in the Senate earlier this year, declared that it is in both the national security interests and the economic interests of the U.S. to pass immigration reform

·         Congressman Mario Diaz-Balart noted that this wasn’t the first rally everyone had been to on the subject, but that “it’s about time we get it done this year”

·         Congresswoman Ileana Ros-Lehtinen, the first Hispanic woman elected to Congress, made an argument that is gaining traction in the movement – Americans who oppose “amnesty” should consider that by not passing immigration reform, our country is in effect providing amnesty to the 11 million undocumented immigrants because nothing is being done to fix the system

The rally continued with a concert by Los Tigres del Norte, a norteño band with Mexican roots and a flair for singing songs that hit home for many in the Latino immigrant community. With lyrics about having two home countries or the sacrifices parents make for their children who then forget their roots, many in the crowd nodded in agreement as they sang along to the myriad of songs.

After I left the rally an organized group of approximately 200, including 8 congressmen and several political activists, were intentionally arrested for blocking off a street near the Capitol building. 

Later that week, I attended a conference hosted by the University of Virginia Miller Center.  Prominent journalists from the New York Times, the New Yorker, PBS, the National Journal, and Fusion encompassed a panel discussing the impact of news media when covering immigration topics.  With some panelists being specifically assigned to the immigration beat, and others covering Washington as a whole, each talked about how important it was to disseminate facts about immigration to the general public.  An issue that once didn’t get much traction is now covered frequently by national media outlets.

Regardless of one’s views on the topic of comprehensive immigration reform, the takeaway is clear – passionate people exist on both sides of the debate, and immigration stories will continue to make the news until a solution is reached.

By Laura Jacobson

Marriage to a U.S. citizen is one of the most well-known ways of obtaining legal immigration status in the United States. U.S. citizens can petition for their immigrant spouses to come to the United States as Lawful Permanent Residents (LPRs), with what is commonly known as the green card. However, the situation gets a little more complicated when the U.S. citizen and his or her immigrant spouse have been married for less than two years. When this is the case, the immigrant spouse receives only Conditional Permanent Residence at first. The immigrant spouse’s green card is valid only for two years, at which point he or she must file the I-751 petition to have the conditions removed and receive complete Lawful Permanent Residence. As a general rule, the I-751 must be filed by both spouses jointly. At the interview, the USCIS officer will speak with both spouses to confirm again that the marriage is bona fide; that is, that it was not entered into solely for the purpose of gaining immigration status. The purpose of Conditional Permanent Residence is exactly that – to ensure that individuals cannot abuse the system by marrying and quickly obtaining their legal status. The Conditional Permanent Residence is a check on the process, where newlyweds are checked up on again two years later to make sure the marriage was in fact real.

But what happens when a marriage has deteriorated over the past two years, such that the spouses are now separated or divorced? Can the immigrant spouse still get the conditions removed from his or her green card and continue to live in the United States permanently? A few exceptions to the joint filing requirement exist for immigrants in this situation, who were legitimately married at the time of receiving Conditional Permanent Residence, but whose marriage has ended or broken down for some reason. 

If a marriage has been officially terminated, either with a final divorce decree or other document terminating or annulling the marriage, the immigrant spouse can file the I-751 alone. He or she will have to provide evidence that the marriage was terminated, as well as evidence of the relationship before it ended. However, if the couple is separated, but not yet divorced, the immigrant does not qualify to remove the conditions of the green card in this way. In this case, the immigration officer will give the immigrant 87 days to present to USCIS the final divorce decree. If the divorce is not finalized in time to meet this deadline, the immigrant will most likely be put into removal proceedings and will have to finish the process in Immigration Court when he or she receives the final decree or risk being deported.

Another exception to the joint filing requirement is for an immigrant spouse who suffered physical abuse or extreme cruelty from his or her U.S. citizen spouse. In this case, the immigrant spouse can file the petition alone even if he or she is not yet divorced from the U.S. citizen. A petition on this basis can be filed at any time within the two years of conditional residence – the spouse doesn’t have to wait until 90 days before the Conditional Permanent Residence expires, as is the case generally. He or she will have to show evidence of the abuse or cruelty, which may include police reports, court records, orders of protection, and medical records, among other things. This exception can also be used if the immigrant spouse was not abused by the U.S. citizen, but his or her Conditional Permanent Resident child was.

If the immigrant cannot file the I-751 jointly with his or her U.S. citizen spouse and does not meet any of the above exceptions, the only other way to get the conditions removed is if the loss of permanent resident status and deportation would result in extreme hardship. This is the only situation in which evidence of the relationship is not required. However, “extreme hardship” is a very high standard to meet, and the immigrant must show that his or her removal would create significantly more hardship than it would for other immigrants.

Filing an I-751 petition when the marriage has broken down can be a difficult and complicated process. Immigration officials take marriage fraud very seriously, and if a Conditional Permanent Resident is already legally separated or divorced from his or her U.S. citizen spouse, it may suggest to the officer that the immigrant spouse married the U.S. citizen for the sole reason of getting legal status. If the officer finds immigration fraud, the immigrant spouse may be deported and ineligible for an immigration visa in the future, even if it is based on a new relationship. It is best to talk with an immigration lawyer if you find yourself in this position, who can discuss with you the most appropriate process to take and help you document a strong case.