In June, the Supreme Court of the United States (SCOTUS) issued a decision that effectively set aside an executive order from President Obama that would have expanded the Deferred Action for Childhood Arrivals (DACA) program and enacted the Deferred Action for Parents of Americans (DAPA) program. The expansion of DACA and creation of DAPA would have allowed millions of undocumented people living in the United States to remain in the country for a certain period of time without fear of removal or deportation.

Since the death of Supreme Court Justice Antonin Scalia and the refusal of Republicans to cooperate with a replacement, SCOTUS only has eight Justices, which means the ability to deadlock exists. A deadlock effectively means that the decision of the lower court that is being reviewed will stand. Both the District Court and the Court of Appeals in Texas found that the executive order was unconstitutional, therefore, that decision stood after the Supreme Court deadlocked in this immigration decision.

After the decision, an estimated 200,000 residents of New Jersey who would have been eligible for deferred action now remain vulnerable to potential deportation. Democratic New Jersey Senator Cory Booker spoke out against the result, citing statistics regarding how much protecting these immigrants would influence the NJ economy. Specifically, Sen. Booker referenced that undocumented immigrants are responsible for the following:

• $10.7 in gross state product;
• $24.2 billion in total economic activity;
• Nearly 104,000 jobs throughout the state.

With immigration remaining a hot topic in the upcoming presidential election, the future of undocumented immigrants is still unclear. Democratic Nominee Hillary Clinton supports relief with a path to citizenship for most undocumented immigrants while Republican Nominee Donald Trump regularly changes his stance on the matter, sometimes wanting to deport every unlawful immigrant and other times supporting more limited immigration options.

Call 201-703-9400 today for more information.

The decision striking down DAPA and limiting DACA was a disappointing one for immigration advocates in New Jersey, New York, and throughout the United States. It is important for you to realize that there still may be other immigration options for you to remain lawfully in the U.S. with your children and families. Ronald P. Mondello, Esq. Attorney at Law searches for creative solutions for immigrants and their families to remain together without the fear of removal or deportation proceedings. Please call today if you would like to learn more about our immigration services.

The Child Status Protection Act (CSPA) was an important amendment to the Immigration Nationality Act (INA). The CSPA helped alleviate some of the recurring issues stemming from those classified as children for purposes of immigration.

Previously, under immigration law, an immigrant child under the age of 21 could “age out” of potential immigration benefits and, as a result, never obtain legal permanent resident status or citizenship to which they were lawfully entitled. The aging out would occur whenever individuals turned 21 prior to their applications being adjudicated; this occurred because backlog in the system was so severe that it could take up to several years to have their application reviewed. If this occurred, the immigrant could not be considered a child for immigration purposes. As a result, many immigrant children were unable to obtain proper immigration benefits they deserved.

Implementation of the CSPA is important because it helps preserve the immigration classification of children and is designed to help avoid young immigrants from aging out. Under the CSPA, an immigrant child who turns 21 prior to the adjudication of his or her pending application may be able to retain his or her classification as a “child.”

The United States Citizenship and Immigration Services states that, in order to qualify for protection under the CSPA, an individual must:

• Be the beneficiary of a pending or approved visa petition on or after August 6, 2002.
• Not have had a final decision on an application for adjustment of status or an immigrant visa before August 6, 2002.
• “Seek to acquire” permanent residence within 1 year of a visa becoming available.

Failure to adhere to these rules could lead to a finding that the child had aged out and is not eligible to have preserved his or her age.

The CSPA applies to different immigrant categories seeking to adjust status. However, under current immigration law, different categories may have different requirements. For example, refugee and asylee children will qualify under the CSPA so long as they remain unmarried.

Contact a New Jersey Immigration Attorney Today

Ronald Mondello is an experienced immigration attorney who will evaluate your case and help determine whether or not you are eligible for the protections under the CSPA. It is important that you seek the skilled counsel of a knowledgeable attorney to ensure that you are not unfairly prejudiced due to the complexities of the current immigration system. Call 201-703-9400 today for more information.

There is no denying that the United States’ immigration system is intimidating and complicated by numerous and confusing laws. Many individuals who are lawfully present in the country are either legal permanent residents or eligible to obtain their permanent residency. Permanent residents are better known as having their green card.  According to United States Citizenship and Immigration Services (“USCIS”), those eligible for a green card must meet the following requirements:

• Be eligible for one of the immigrant categories established in the Immigration and Nationality Act (INA)
• Have a qualifying immigrant petition filed and approved for you (with a few exceptions)
• Have an immigrant visa immediately available
• Be admissible to the United States

Many of these individuals are present in the country as a result of either family based or employment based immigration. Additionally, individuals who have been granted refugee status or asylum in the United States may be eligible to become legal permanent residents.

In order to obtain a green card, a citizen or legal permanent resident must file a petition with USCIS. The petition establishes the immigrant’s eligibility to receive a visa and to enter the United States. Entering the United States lawfully requires obtaining a visa. USCIS has created different visa preference categories and capped the number of visas it issues in order to help curb immigration. The requirements for obtaining a visa will depend upon on the category under which an applicant files a petition.

Family Based Immigration

Immigration law permits individuals who are relatives of either United States Citizens or legal permanent residents to immigrate to the United States lawfully with an appropriate visa. Various family-based subcategories exist. Some categories, such as immigration based upon on a fiancé visa, may have additional requirements prior to the immigrant obtaining his or her green card.

Employment Based Immigration

USCIS has also created a variety of subcategories for individuals who immigrate to the United States for purposes of employment. Like family based immigration, visas are capped by preference category.

Refugee or Asylum Based Immigration

Refugees and those granted asylum have been displaced from their home as a result of persecution; they cannot return to their home country. Fortunately, these individuals are able to establish new roots in the United States after one year of being granted status in the US.

Contact a New Jersey Immigration Attorney Today

If you believe that you are eligible to receive your green card, you should seek the legal counsel of an experienced immigration attorney. Attorney Ronald Mondello will work with you to ensure you are eligible to obtain a green card, help assemble your petition, and address any potential legal issues that may exist. Call 201-703-9400 today for more information.

One of the most popular immigration programs in a long time was the Deferred Action for childhood Arrivals (DACA), which helps allow certain immigrant children brought unlawfully into the United States to stay for a period of time to attend school, work, and stay with their families. Immigration officials can use their discretion to defer any deportation or removal action and give these children limited permission to stay lawfully in the U.S. Many people have made use of this program in order to stay and pursue a more long-term immigration status.

In November of 2014, President Obama announced a similar program, called the Deferred Action for Parents of Americans and Lawful Residents (DAPA). This program would give immigration officials to review applications and decide to defer action against parents of children who lawfully reside in the U.S. This law would further help keep families together and would help focus immigration attention to people with felony convictions or people who are now trying to unlawfully enter the country.

Unfortunately, many different state leaders, led by Texas, brought a legal action in federal court to stop the enactment of DAPA. Federal judges in Texas ruled against the law and the appeal in support of DAPA made it all the way to the Supreme Court of the United States (SCOTUS), which is short one justice due to the sudden death of Justice Antonin Scalia. The decision in the case was a tie, which means that the previous court decision to prevent DAPA will stand. This means that, as of now, no immigrant parents of citizens or lawful permanent residents will be eligible to apply for deferred action at this time. The court case also halted an expansion of DACA, which would have made millions more people eligible for deferred action. Even if you are not eligible under these programs, you may be eligible to obtain visas or green cards in other ways to stay with you family.

Call an Experienced New Jersey and New York Immigration Attorney for More Information

If you have questions regarding your immigration status or your rights under federal immigration laws, please do not hesitate to contact the office of Ronald P. Mondello, Esq. Attorney at Law to discuss your situation. We work to find solutions to help families stay together in the United States whenever possible and ways to defer any immigration action against you. Call today to learn more (201) 703-9400.