U.S. Citizen Spouses Overseas Can Now Travel to the U.S. Sooner
U.S. citizen spouses abroad can now come to the U.S. before their I-130's have been approved. K-3 visa processing times have historically been so long, these visas were essentially useless. However, a change in USCIS procedures for K-3 visas have made processing times shorter, so people are now using them to get to the U.S. faster.
What is a K-3 visa? It is a visa that allows a U.S. citizen spouse living abroad to come to the U.S. before their I-130 has been approved. Generally, these applicants need to wait until the I-130 has been approved and then apply for the green card and wait for that approval before moving to the U.S. - all of which can take up to a year or more.
To apply for a K-3 visa, you need proof that you have submitted an I-130 along with proof of the marriage. The application process is currently taking only 5 months. You can then move to U.S. When you arrive, you can apply for the green card right away, before I-130 approval. You can also apply for work authorization and travel outside of the U.S., all while waiting for green card approval.
Contact us at TheTeam@huwelaw.com to take advantage of this new opportunity.
For more information on K-3 visas, please see the USCIS information page:
http://www.uscis.gov/family/family-us-citizens/k3-k4-visa/k-3k-4-nonimmigrant-visas
Healthcare Options for Immigrants
Navigating the health insurance system in the United States can be confusing for anyone. When you are an immigrant, the process can be even more muddled. Eligibility for programs and access to benefits depends on your specific immigration status.
What are the health insurance options for immigrants in lawful status?
If you are "lawfully present" here in the United States, then you are eligible to purchase insurance on the new Health Insurance Marketplace (Marketplace) under the Affordable Care Act:
You are "lawfully present" if you fall under one of the following categories:
Lawful Permanent Resident (LPR/Green Card holder)
Asylee
Refugee
Cuban/Haitian Entrant
Paroled into the U.S.
Conditional Entrant Granted before 1980
Battered Spouse, Child and Parent
Victim of Trafficking and his/her Spouse, Child, Sibling or Parent
Granted Withholding of Deportation or Withholding of Removal, under the immigration laws or under the Convention against Torture (CAT)
Individual with Non-immigrant Status (includes worker visas, student visas, and citizens of Micronesia, the Marshall Islands, and Palau)
Temporary Protected Status (TPS)
Deferred Enforced Departure (DED)
Deferred Action Status (Deferred Action for Childhood Arrivals (DACA) is not an eligible immigration status for applying for health insurance)
Lawful Temporary Resident
Administrative order staying removal issued by the Department of Homeland Security
Member of a federally-recognized Indian tribe or American Indian Born in Canada
Resident of American Samoa
You will also be eligible to purchase insurance on the Marketplace if you are an applicant for any of the following benefits:
Temporary Protected Status with Employment Authorization
Special Immigrant Juvenile Status
Victim of Trafficking Visa
Adjustment to LPR Status
Asylum*
Withholding of Deportation or Withholding of Removal, under the immigration laws or under the Convention against Torture (CAT)*
*Only those who have been granted employment authorization or are under the age of 14 and have had an application pending for at least 180 days are eligible
Certain immigrants in lawful status may additionally be eligible for Medicaid or Children's Health Insurance Program (CHIP). This is true if you fall into one of the following categories:
Lawful Permanent Residents (LPR/Green Card Holder)*
Asylees
Refugees
Cuban/Haitian entrants
Paroled into the U.S. for at least one year
Conditional entrant granted before 1980
Battered non-citizens, spouses, children, or parents
Victims of trafficking and his or her spouse, child, sibling, or parent or individuals with a pending application for a victim of trafficking visa
Granted withholding of deportation
Member of a federally recognized Indian tribe or American Indian born in Canada
*Generally there is a five (5) year waiting period
If you are an undocumented immigrant or do not have lawful status, then you are not eligible to purchase insurance on the Marketplace or for the federal Medicaid program. However, there are other options available.
What are the options for undocumented immigrants?
Private Health Insurance:
If you are undocumented, you are not eligible to purchase coverage on the Marketplace, but you may purchase it directly from an insurance carrier. This is generally more expensive because it is unregulated and does not allow for tax subsidies.
Student Health Plans:
Many colleges and universities offer health insurance for students and do not require proof of legal immigration status to sign up for coverage. These plans are generally more affordable than those purchased on the open market.
Medi-Cal Coverage:
In California, all undocumented immigrants who meet the income requirements are eligible for certain Medi-Cal benefits. These include emergency care, pregnancy-related services, and state-funded long-term care. In addition, if you have been granted Deferred Action for Childhood Arrivals and are otherwise eligible for Medi-Cal, you can obtain the full range of Medi-Cal benefits.
Community Health Clinics:
Many free or low-cost community health clinics exist all over the country. In general providers do not require lawful immigration status as a prerequisite for treatment.
As of May 1, 2014, Immigrants Can Access CBP Arrival Departure Records Online
As of May 1, 2014, anyone who has entered or exited the U.S. on a nonimmigrant visa during the past 5 years can access their arrival and departure records directly on the U.S. Customs and Border Patrol (CBP) website.
CBP is now allowing electronic access to records through its Nonimmigrant Information System (NIIS), rather than requiring a records search through the Freedom of Information Act (FOIA). This is good news because a FOIA request can take up to a year in some cases.
The NIIS will only include your arrival and departure records if you have entered or exited the U.S. on a nonimmigrant visa, such as the B-1/B-2 visitor's visa, the H-1B and TN visas for temporary workers, or the F-1 student visa, during the past 5 years.
The new system can help if you entered the U.S. lawfully before CBP started issuing I-94 Arrival Departure cards electronically only, and you no longer have your paper I-94 card. In that case, you can go online and search the database to get proof that you did in fact enter lawfully. Such proof is necessary when applying for certain immigration benefits, for example to adjust your status to lawful permanent resident (to get your green card) based on marriage to a U.S. citizen.
The Provisional Unlawful Presence Waiver 1 Year Later
An interesting law went into effect about a year ago. The provisional unlawful presence waiver provides an "immediate relative" (a child, parent, or spouse) of a U.S. Citizen with a new immigration benefit. If the immediate relative is inadmissible and not eligible to "adjust status" (to get their green card) from within the U.S. due solely to an unlawful entry, they can apply for a waiver of this requirement without having to leave the country first. Prior to the new law, an immediate relative was required to apply for the waiver from abroad.
Below is a link to the primary form used in these waiver applications:
http://www.uscis.gov/sites/default/files/files/form/i-601a.pdf
Not all criminal convictions make a green card applicant inadmissible to the United States. In fact, many minor criminal convictions, such as those for certain traffic violations and petty theft crimes, do not lead to inadmissibility.
Fortunately, a new memo was sent out to officers in January of this year to clarify that they should not deny a request for the provisional unlawful presence waiver unless an applicant has been convicted of a crime which would make the applicant inadmissible:
"USCIS officers should review all evidence in the record, including any evidence submitted by the applicant or the attorney of record. If, based on all evidence in the record, it appears that the applicant’s criminal offense: (1) falls within the “petty offense” or “youthful offender” exception under INA section 212(a)(2)(A)(ii) at the time of the I-601A adjudication, or (2) is not a CIMT under INA section 212(a)(2)(A)(i)(I) that would render the applicant inadmissible, then USCIS officers should not find a reason to believe that the individual may be subject to inadmissibility under INA section 212(a)(2)(A)(i)(I) at the time of the immigrant visa interview solely on account of that criminal offense. The USCIS officer should continue with the adjudication to determine whether the applicant meets the other requirements for the provisional unlawful presence waiver, including whether the applicant warrants a favorable exercise of discretion."
This clarification should make the process for many applicants run more smoothly and lead to increased numbers of approvals.
DACA (Deferred Action for Childhood Arrivals) Renewals to Begin in Late May
An approved DACA application is valid for only two (2) years. However, it may be renewed indefinitely.
For immigrants who applied in the summer or fall of 2012, it is almost time to request renewal. Two days ago, USCIS (United States Citizenship and Immigration Services) posted an update on the renewal process. The renewal form should be available in late May. For more information, you can visit:
http://immigrationimpact.com/2014/04/10/uscis-releases-information-about-daca-renewal-process/
