It's always fun to have you on. So today I'm super, super excited because we have a new executive order that I think is going to help lots of people in the immigration realm. Um, yesterday President Biden signed an executive order, um, It's a new action to keep families together. Um, this new executive order, he wants to help mixed status families have some peace of mind.

He wants to help them stay together in the United States, meaning, you know, so many of the families, they had to, because they entered the United States. Iwi, meaning entry without inspection, without a visa. So many of them had to consular process, meaning they had to leave the United States and they couldn't end consular process.

And when they did that, so many of them had the risk of maybe not being able to come back for a couple of years because as you know, at the consulate, you never know what's going to happen. Right. And they do trigger a 10 year bar anyway, when they leave, some might be able to have that provisional waiver here first.

And as you said, even with that, no guarantees. Yeah. So that's, it's really scary for a lot of these families, especially if, um, a mom or a dad came in with their minor children, you know, they're considered alien smuggling. Oh my goodness. So, they, those individuals really did have to do the waiver outside of the United States and had to wait years.

Exactly. Even if they're not out the 10 years, they still leave, trigger a 10 year bar, have to do the waiver of the 10 year bar and the waiver for alien smuggling just for having brought their children here. No wonder people are afraid of doing the consular processing under these circumstances. Right. So with this new program, it's giving the option for these individuals to be able to get a parole in place so they could do their adjustment of status here in the United States, which would be wonderful.

Exactly. Forgive me as if they entered legally. Correct. Correct. So the requirements, um, from what I'm reading is Um, and it says that these individuals have to be married to a U. S. citizen as of June 17th, 2024. They have to be physically present in the United States for at least 10 years as of June 17th, 2024.

And they have to be present in the United States without admission or parole. So let's, let's talk about the very first requirement that we talked, that I read, which is being married as of June 17th. That sounds so simple, right? Being married. It sounds simple. Jinx. But in Texas, but in Texas, Magali, what do we have?

We have common law marriage, what is recognized, and in a way that it complicates it a little bit, but it also makes it so that people who are not formally married, as of June 17, They can still register their common law marriages if they qualify. And in Texas, you have to have an agreement to be husband and wife.

You need to live together and you need to be otherwise eligible to be married. So there are lots of things to look at, but they can go and register their common law marriage going back before June 17th. But there are other things to look at. And don't you agree they should go consult with a good attorney before doing any of this?

Oh, absolutely. Because you don't want to definitely, you don't want to, um, cause any problems because I know I've seen where they've registered a common law marriage when they shouldn't have, or to a date where they really shouldn't have, you know, um, maybe the U S citizen spouse naturalized and they got their...]]>Hi, and welcome back to Unite Immigrant Families. I'm Rosemary Vega, and I'm an immigration attorney in Houston, Texas. And today I have Magali Candler. She is also an immigration attorney in Houston, Texas. Hi, Magali. How are you today? Hi, Rosemary. I'm doing great. Thank you for inviting me. It's a pleasure.

It's always fun to have you on. So today I'm super, super excited because we have a new executive order that I think is going to help lots of people in the immigration realm. Um, yesterday President Biden signed an executive order, um, It's a new action to keep families together. Um, this new executive order, he wants to help mixed status families have some peace of mind.

He wants to help them stay together in the United States, meaning, you know, so many of the families, they had to, because they entered the United States. Iwi, meaning entry without inspection, without a visa. So many of them had to consular process, meaning they had to leave the United States and they couldn't end consular process.

And when they did that, so many of them had the risk of maybe not being able to come back for a couple of years because as you know, at the consulate, you never know what's going to happen. Right. And they do trigger a 10 year bar anyway, when they leave, some might be able to have that provisional waiver here first.

And as you said, even with that, no guarantees. Yeah. So that's, it's really scary for a lot of these families, especially if, um, a mom or a dad came in with their minor children, you know, they're considered alien smuggling. Oh my goodness. So, they, those individuals really did have to do the waiver outside of the United States and had to wait years.

Exactly. Even if they're not out the 10 years, they still leave, trigger a 10 year bar, have to do the waiver of the 10 year bar and the waiver for alien smuggling just for having brought their children here. No wonder people are afraid of doing the consular processing under these circumstances. Right. So with this new program, it's giving the option for these individuals to be able to get a parole in place so they could do their adjustment of status here in the United States, which would be wonderful.

Exactly. Forgive me as if they entered legally. Correct. Correct. So the requirements, um, from what I'm reading is Um, and it says that these individuals have to be married to a U. S. citizen as of June 17th, 2024. They have to be physically present in the United States for at least 10 years as of June 17th, 2024.

And they have to be present in the United States without admission or parole. So let's, let's talk about the very first requirement that we talked, that I read, which is being married as of June 17th. That sounds so simple, right? Being married. It sounds simple. Jinx. But in Texas, but in Texas, Magali, what do we have?

We have common law marriage, what is recognized, and in a way that it complicates it a little bit, but it also makes it so that people who are not formally married, as of June 17, They can still register their common law marriages if they qualify. And in Texas, you have to have an agreement to be husband and wife.

You need to live together and you need to be otherwise eligible to be married. So there are lots of things to look at, but they can go and register their common law marriage going back before June 17th. But there are other things to look at. And don't you agree they should go consult with a good attorney before doing any of this?

Oh, absolutely. Because you don't want to definitely, you don't want to, um, cause any problems because I know I've seen where they've registered a common law marriage when they shouldn't have, or to a date where they really shouldn't have, you know, um, maybe the U S citizen spouse naturalized and they got their green card in a way that, um, they needed to be single when they got their green card.

So, and they were living with their U S citizen spouse or their, their current spouse at the time. So you've got to be really, really careful. Uh, To make sure which is the date that they use, they also need to make sure that they were not still living together, excuse me, married to somebody else, when they used the date of when they started living together.

Many people are separated for many years before they start living together or while they're living together. But then they need to be careful that the date for the common law marriage is starts after they're divorced from that person that they were separated from, for example. Yes. So it's really important.

And if you already have, you know, immigration proceedings going on right now, or if you have, you know, your, your LPR spouse that may be naturalizing, they have proceedings. So you've got to look at everything. Um, So it's really, really important to, you know, or your, there's so many, so many things to look at.

So definitely go consult with a competent immigration attorney before you go and register that common law marriage. Very important. Good advice. Yeah. So next, let's talk about physically present in the United States for at least 10 years prior to June 17th, 2024. So that sounds pretty straightforward as well.

However, you know, you're gonna have people ask you, well, what if I left? the United States for just a couple of days. I left for a week because my grandma was sick or my mom was sick home and I came back. You know, is that going to count against me? Yes. That could be a serious problem for someone who entered without documents and who has been here without documents over the age of 18 and or even before they were 18, but having a year in the aggregate without permission to be here.

And that's a serious problem. They leave to go see their sick grandmother. They trigger a 10 year bar. And then they enter illegally again. That's so serious. Rosemary, tell us what does that? Yeah. So I'm sure a lot of people have heard what's called the permanent bar. And I tell clients it's, it's, it is a permanent bar.

You know, you're, there's no waiver for it. That's why it's called the permanent bar. And you'll hear attorneys say two 12, a nine C that's, that's like, Death for so many people because there's no waiver for it You've actually have to go to your home country and sit out 10 years and then you need to do an I to 12.

Yes to reapply Not guaranteed And not guaranteed, but so really what it is, it's a permanent 10 year bar and it cannot be spent inside the United States like the regular bar. Correct. So it is serious. Yes. And I just see, we will see people who are ineligible because of that. And I just want to point this out because I've noticed on a whole bunch of listservs that I'm on.

And you're on these listservs as well, Magali, um, people are, are already saying, Oh, you know, I'm, I'm thinking that, um, whole bunch of, I've consulted with clients and I think these people are going, who are, um, they have the permanent bar, but now they're going to qualify and they're not. They're not. If you are permanent barred, you're permanent barred.

These regulations, the memo that came out, the executive order that came out, it did say you have to be, um, otherwise eligible to adjust your status essentially, otherwise, um, admissible to the United States. Exactly. And that's an inadmissibility that cannot be waived. Yeah. So it's really important to note that.

Um, So statute would have to change Congress would have to change the law and that's not going to happen anytime soon Right, so I just really want to stress that because I've you know Just be before we got on to record today. I was reading a List serve and that's one of the things I saw and a whole bunch of other attorneys were saying This does not apply It is in no way going to change the permanent bar.

Those individuals are not going to qualify. So I really want to stress that. Please go consult with a competent immigration attorney. If someone tells you, Oh, you can, you're permanent barred, but you can apply for this. Go get a second opinion, please, please, or third or fourth, because it's really important.

Um, cause I think it's. I don't think it's going to waive the permanent bar in any way possible. It really couldn't without the law changing. We will see, perhaps it will happen, but no, they are not otherwise admissible. Right, right. And you know, we, we've talked about what can you prove to show the 10 years, you know, it's 10 years is a long time.

You've got to prove 10 years that you're physically in the United States. And these are people without documents. Correct. So it may not be as easy for them to collect evidence of being here those 10 years. Yep, yep. But most people have children. Um, so children's birth certificates, um, medical reports, um, medical records, paycheck stuff.

Yep. Yep. Yep. Some may not have that. Yeah, I know. But more than sworn statements from people who have known them, that would be the last resort evidence. But it couldn't hurt to corroborate some of the other evidence that they have. But it would have to be done very well, very detailed, not any cookie cutter sworn statements that each look exactly the same with little things.

No, no, no, no. Each person knows this person a different way from a different day. Yes. Yes. Could also use things like that. Very well prepared. Yes. Absolutely. Absolutely. Um, lease agreements, you know, rental contracts. Taxes, you know, taxes. Yes, I know that does may not prove that you are here for full year, but taxes, I do think still help.

Um, you know, there are photos, photos. I still think help and I like photos. I do too. Saying, you know, we were here at the, we went to the Austin, I don't know, the State House and took pictures there. And usually it's things like that, often do have the date on them, not always, but at least it shows they were here.

And maybe with the age of the children as well, if it's pictures with children, things like that. We have to start getting creative. Oh, their time here, the last, the 10 years, but usually people can collect enough for each month of each year, but it's quite an endeavor when we are proving 10 years and we have to prove 10 years for cancellation of removal cases, regular ones.

And so we're used to it, but it's a lot. It is a lot. They should go to a good attorney. That's helping them think about what they can do. How do we prove it? You know, and 10 years is a long time to prove. And you know, for these cancellation cases, when I prove up these 10 years, I'm usually submitting over 500 pages, you know, documents, same, so I want, I want people to start thinking This is going to be a large packet that's going to be submitted.

A big filing. Yes. Yes. It's going to be large, over 500 pages. Easily. Yes. Yes. So it, it's, yeah, because 10 years is a long time. Yes. They need to start really thinking how to prove their 10 years here and what does, and start collecting evidence. Yes. Um, and then being present in the United States without admission or parole.

So basically you entered the United States without a visa, without being paroled. So if you, if you left the United States and came back with advanced parole, you don't qualify for this program, but. Magali? You know? You don't need it then. That's right. So if somebody enters legally from the start, or traveled with advanced parole, with permission, not what we were talking about, the permanent bar, but somebody with permission, they can already adjust status through their U.

S. citizen spouse. They don't need this parole in place. Yeah, so this is, this is great. This is great for a lot of people. Now, we, I talked about they have to be otherwise eligible to adjust or basically otherwise admissible to the United States. Um, You know, and it also states here that, um, individuals must have no disqualifying criminal history or otherwise constitute a threat to national security or public safety.

So crimes, you know, I, I represent people with, with some crimes and, and I know you do too Magali and some of the crimes are waivable. Yes, yes. And so, there are waivers for crimes involving moral turpitude. Crimes that, where they got, for example, it's a crime involving moral turpitude, where they had a term of imprisonment of 180 days or more.

Um, for, you know, that was, even if it was fully probated. That would need a waiver. If you had two shopliftings, there are exceptions, of course, with one shoplifting, one minor crime involving moral turpitude, you wouldn't need it. But if you have two shopliftings, waivable, and I believe that they will allow people who can do waivers.

We're eligible to wait for waivers to move forward. What they're talking about would be things that may not be waivable, such as if you're a drug dealer, no waiver for that, for example. Correct. Or, um, you know, another, another one that I'm thinking that you may not even, So, something, if you have a DWI, one DWI, usually you're not even going to need a waiver and you're still able to, you know, be admissible to the United States.

You're going to, usually you're fine. You know, small, small things. Sometimes you have an exception as long as it's a crime less than 180 days. Usually you fit that little exception. So if there was one before you were 18, right, right. So, so you really need to go talk to, if you have a crime, you really need to go talk to a competent immigration attorney.

Um, now, again, if you have a serious crime. You definitely need to go talk to an immigration attorney to see if you qualify for a waiver. Because that is very, very important. Exactly. Yeah. And there are some things that are not waivable, or again, if they think somebody is a danger. I still think that we have to be very careful with DWIs.

They do take them seriously. Yes, they do. And for DACA, the Deferred Action for Childhood Arrivals, a conviction for a DWI is considered a serious misdemeanor. It is. And it will not prevent you from getting permanent residency. Normally, so let's hope there's no weird special rule for that, but I still think people need to be careful in any arrest.

Again, they need to have spoken or go and consulted with someone with a competent immigration attorney. As we've been saying over and over, it is so important for this kind of work. Yes. And one other thing is children. So children qualify as well. and stepchildren. So U. S. citizen spouse marries to a foreign national and they have children who weren't born in the United States or the foreign national has child and so, you know, they weren't born in the United States.

So they qualify as well, which is great. Um, Let's keep in mind a child definition for the child under the immigration law is someone who is under 21. However, with a stepchild they have to be married before that stepchild turned 18. And as long as they married before they were 18, then if they're under 21, they would count as a child.

Yes, so that is very, very important. Um, so, Mary, we don't have regulations yet. No. What is it that you've read or heard about that? Because I think people will be very curious, people who are excited about this like we are, will want to try to do this as soon as possible. And right now you and I can't, we can't even represent anyone for this.

Uh, what, what have you heard about what the next steps should be? Right. So unfortunately we have this great new executive order and then they tell us, but you can't file anything right now. So you have to wait until the regulations come out. And I've heard that the regulations will come out sometime in the summer.

Now, uh, normally regulations come out and then there's a comment period. And I think Magali, do you remember the comment period is how many days? Yes. Yes, I, um, with regulations normally, I've seen 30 days, but I know it can go at least up to 60 days. Generally, I've seen 30 day comment periods, but whenever I thought about these regulations, I kept thinking, Oh my goodness, they just can't come soon enough because there is going to be probably some sort of comment period of at least 30 days.

Right. So I'm thinking that we're not going to be able to file any applications until September. At least. I hope. That's what I'm thinking at this point. I hope you're right. I really wish it would be as early in the fall as possible. Right. Right. Right. But I do urge people to go seek. Consultations with an attorney because they need to make sure they qualify.

They need to start gathering their documents. Yes. And they need to, because the gap, obviously 10 years, you've got to, you got to figure out, first of all, am I, am I legally married? First of all, and gather all your documents 10 years. Yes, I think people can start consulting. And I know that you and I have existing clients for whom we're probably beginning to do or think about the provisional 10 year bar waiver or whether they have to go and wait outside.

So with those existing clients, I think we can already start reaching out. Some of them I know have started calling us already, and so we also can start thinking and our colleagues can start thinking about their existing clients who may qualify, but we need to get people to start at least collecting evidence and consulting with competent, good immigration attorneys.

Yes, absolutely. It's very, very important. Now, um, Magali, once, once we're able to apply. for, for the parole in place. My understanding is they're going to give parole and they're going to get a work permit for, I believe it's three years. That's what I understand. That would be so special. I mean, in a way that makes me even more excited.

I don't know how quickly they would issue, I don't know if they would have to do like a prima facie finding or an approval first of the actual parole in place before you could get a work permit. I think the regulations will make that clearer, but I am so excited about people being able to get employment authorization.

Social Security numbers, then when they get that, and then driver's licenses. How exciting. Right. Now, what's unclear to me right now is, do they have to wait three years before they can actually file to adjust their status? That is not clear. And if you think about visas that I know you've probably discussed in another, in another podcast, such as the T visa and the U visa for victims of trafficking and victims of certain serious crimes, those require that you first get that T or U visa and that you have it at least three years before you can file.

So it will be interesting to see if they treat this that way, but really they shouldn't. Because anyone who has entered on advanced parole, a real parole, you know, and really traveled in and been allowed to enter, or who entered with permission with a visa 20 years ago, they can just apply immediately a one step petition and adjustment through their U.

S. citizen. So I would like to think that they would not make them wait another three years. That would be such a weird punishment. I don't]]>9f33ace0-c753-40ca-9696-377c5103a314Wed, 19 Jun 2024 07:00:00 -050030:29falsefull23232Rosemary VegaTexas SB4 Hi, and welcome back to United Immigrant Families. My name is Rosemary Vega, and I'm an immigration attorney in Houston, Texas. Thank you for listening to the podcast. And today I want to talk about Texas, a fairly new Texas law called SB4. So Texas passed this legislation in November of 2023, and it was supposed to go into effect on March 5th of this year, 2024.

However, this legislation has been, um, in the courts. because the ACLU and other lawyers, other organizations have been, um, filing lawsuits claiming that it is unconstitutional. And let's talk about the law and why Many believe that it is unconstitutional. Okay. So what is SB4? SB4 is a law that states that if a law, a police officer, law enforcement officer has probable cause, if they're, they have a reason to stop you, anyone, right?

Then they can ask your immigration status. Texas is claiming that the federal government isn't doing their, their job as far as immigration is concerned. So they're going to do it at least in the state of Texas.

And, you know, many citizens Should know this because it goes back to, you know, many of my clients, when they do their natural exam, we go through the questions and one of the questions is some, some rights and some duties are for the federal government and some is for the state government. And some are for, and one, one of the rights and duties and laws for the federal government is the immigration laws, right?

And that's for the federal government to handle. Okay. So here we go. And that's why the many lawyers are arguing that it is not, this law is unconstitutional. So it's held up in the courts, and that's the basics of it. It's much more complicated than that. I'm trying to simplify it here for for our podcasters and our listeners, but it's much more complicated than that.

Okay. Um, but that's the gist of it. And so, as before, is basically saying If a police officer arrests, stops you for speeding, stops you for, for any reason, right? Speeding, running a red light, running a stop sign, they could ask you your immigration status. However, this is where it gets interesting. Instead of sending you to immigration, they would have a Texas judge determine whether you you're, you're able to stay in the United States. That's where it gets interesting. That's where the issue really lies. So you're going to go through a Texas magistrate, Texas judge, who is going to determine, is this person, you know, able to stay. And are you going to say, Oh, yeah, just I want to be deported.

And then that judge is going to deport you to the United from the United States. Does that judge actually have that authority?

Then you, or you say, no, absolutely not. I'm not going to have, I want to fight my case, which most immigration attorneys would definitely recommend that you fight always. Um, And so you don't agree to any type of removal, don't agree to be deported. So you're going to, to fight this and it's going to be stuck in, you're going to be stuck in fighting, fighting, fighting these cases.

And so right now this law is put on hold because they're, they're arguing this. in the courts. And the Supreme Court, the Supreme Court had said, okay, we're, we don't, it's not ready for us to hear because the lower court needs to hear it first. So right now, the, this circuit is hearing the arguments and they're making those decisions right now.

Eventually, the Supreme Court is going to hear this case. This, the Supreme Court eventually will hear the case and we'll see what happens. But that is where it lies. Okay. So I know there's lots of questions because I've been going out into the community and hearing a lot of the questions that are being asked within the community.

And these are some of the questions that I hear readily. What if I don't have a driver's license and a police officer stops me? So you...]]> Hi, and welcome back to United Immigrant Families. My name is Rosemary Vega, and I'm an immigration attorney in Houston, Texas. Thank you for listening to the podcast. And today I want to talk about Texas, a fairly new Texas law called SB4. So Texas passed this legislation in November of 2023, and it was supposed to go into effect on March 5th of this year, 2024.

However, this legislation has been, um, in the courts. because the ACLU and other lawyers, other organizations have been, um, filing lawsuits claiming that it is unconstitutional. And let's talk about the law and why Many believe that it is unconstitutional. Okay. So what is SB4? SB4 is a law that states that if a law, a police officer, law enforcement officer has probable cause, if they're, they have a reason to stop you, anyone, right?

Then they can ask your immigration status. Texas is claiming that the federal government isn't doing their, their job as far as immigration is concerned. So they're going to do it at least in the state of Texas.

And, you know, many citizens Should know this because it goes back to, you know, many of my clients, when they do their natural exam, we go through the questions and one of the questions is some, some rights and some duties are for the federal government and some is for the state government. And some are for, and one, one of the rights and duties and laws for the federal government is the immigration laws, right?

And that's for the federal government to handle. Okay. So here we go. And that's why the many lawyers are arguing that it is not, this law is unconstitutional. So it's held up in the courts, and that's the basics of it. It's much more complicated than that. I'm trying to simplify it here for for our podcasters and our listeners, but it's much more complicated than that.

Okay. Um, but that's the gist of it. And so, as before, is basically saying If a police officer arrests, stops you for speeding, stops you for, for any reason, right? Speeding, running a red light, running a stop sign, they could ask you your immigration status. However, this is where it gets interesting. Instead of sending you to immigration, they would have a Texas judge determine whether you you're, you're able to stay in the United States. That's where it gets interesting. That's where the issue really lies. So you're going to go through a Texas magistrate, Texas judge, who is going to determine, is this person, you know, able to stay. And are you going to say, Oh, yeah, just I want to be deported.

And then that judge is going to deport you to the United from the United States. Does that judge actually have that authority?

Then you, or you say, no, absolutely not. I'm not going to have, I want to fight my case, which most immigration attorneys would definitely recommend that you fight always. Um, And so you don't agree to any type of removal, don't agree to be deported. So you're going to, to fight this and it's going to be stuck in, you're going to be stuck in fighting, fighting, fighting these cases.

And so right now this law is put on hold because they're, they're arguing this. in the courts. And the Supreme Court, the Supreme Court had said, okay, we're, we don't, it's not ready for us to hear because the lower court needs to hear it first. So right now, the, this circuit is hearing the arguments and they're making those decisions right now.

Eventually, the Supreme Court is going to hear this case. This, the Supreme Court eventually will hear the case and we'll see what happens. But that is where it lies. Okay. So I know there's lots of questions because I've been going out into the community and hearing a lot of the questions that are being asked within the community.

And these are some of the questions that I hear readily. What if I don't have a driver's license and a police officer stops me? So you definitely, definitely need to identify yourself. That is a crime if you do not. So you have to identify yourself. Okay. It's very important. You have to give your full name, your truthful and full name, correct name, your full legal correct name.

Let's be clear on that. So that's very important. Your date of birth. If you have ID, you need to provide identification. Okay. It I do believe that is important. Um, so that that is, that is very important. Um, so right. And then a lot of questions are, you know, will this law go into effect? You know, that is a good question.

And I don't know, I am hopeful that the fifth circuit and the Supreme court. are going to find that it is unconstitutional because the immigration laws is for the federal government. It always has been. There's case law after case law after case law that has always said, this is the way it is. This is the law.

This is a job for the federal government. This is for security reasons. The federal government determines how people come in, who they want to let stay in. This is, these are the laws for the federal government to determine. So I, and that's why we have immigration courts. That's why we have immigration judges.

That's why we have immigration laws. So I, I'm hopeful that that's going to stand, you know, that that is, they're going to, they're going to keep it that way. And they're going to find that, that it is unconstitutional, but we don't know what's going to happen. I don't have a crystal wall to say that's definitely going to happen.

I don't know that. So I'm hopeful, but we're not, we're not a hundred percent certain at this point. So that is very, very important.

Another question that we, uh, that I get asked a lot is what if we're walking down the street and an officer asked me for my I. D. Okay, they may be wondering why you're, are you loitering in an area that you shouldn't be. So identify yourself. If they ask you to identify yourself, you definitely have to identify yourself because it is a crime not to identify yourself.

If a law enforcement officer asks you for your ID, that's number one, you have to identify yourself. Okay. Very important. Um, make sure you don't have any. Any documents that don't belong to you on your person. That's really important. Um, you don't want to have any, any fraudulent documents on your person.

That's, that's a big no, no. And that's a crime. So I can't stress that enough. Do not have documents like that. You shouldn't have them on your person. You shouldn't have them at all. So that is, you shouldn't have them at all. Let's put it that way. Plain and simple. I also get asked a lot. What if I get picked up by ICE, by immigration, and my children are in school?

What's going to happen to them? So this happened a few years ago, and there is a document. It's I'm calling it like a power of attorney, but it's not really a power of attorney. It's something out of the family code and it's to, um, give kind of like a power of attorney to somebody who's not family, the power for them to get guardian.

You give them a power of attorney, a guardianship. in a sense for them to pick up your kids, for them to stay with your kids, to give them those rights for a short period of time. So that way they can act in your, they can, they can take care of your kids. And that way those kids don't end up in the state's custody.

And that's really important, right? And you want to make sure that the school has it. You have it. So that person that you're entrusting that person of confidence, they have it and you know, a family law attorney can help fill that out for you. Um, they're probably more aware of this than, than anybody. Um, maybe one of the nonprofits in the area would be able to fill that out for you.

And this is in Texas. Okay, this is really only in Texas. So I'm just talking about Texas in general today. Um, so that I really wanted to talk about SB4 and what's been happening with that. It's, it's a, it's going on right now. It's a strange situation. We're hoping that it doesn't go into effect, but it could, it could.

Um, but again, know your rights. You can, you can stay quiet. You have to identify yourself. You can have the right to remain silent after you identify yourself. You can record the, what happens. So if you're, if, if they stop you, you can record it. You have that right. They may not enjoy it. They may not be happy about it, but you have that right.

So just keep that in mind. You, you can just know the situation, be aware, always be respectful. Always, always, always be respectful. The same as you gain more with honey than you do with vinegar. Always be nice and respectful because you will gain more with that.

Don't be rude. Don't fight. It's okay to ask questions.

Just do it politely, but know your rights. You can always say, I want to talk to a lawyer. I want, I, I'm going to remain silent until I have a lawyer present. I don't, you know, so know your rights. If you're uncertain about what those rights are, there are many organizations in Texas around Texas who have these cards that they hand out and they have their, their red cards and they hand out with know your rights.

So be familiar and ask questions. Go ahead and talk to organizations in, in the, in the Houston area, in the Texas area, wherever you are in Texas and ask. It's okay. Don't be afraid to go to a nonprofit and ask questions. It's okay to go to your local church and ask. It's okay. Those are places where you should feel safe.

Feel safe to go to your local church, your local nonprofit, and ask the question, feel safe.

Thank you for listening, and if you have any questions you feel you can always ask me, um, you can, um, email me at Unite Immigrant families@gmail.com. Thank you and remember, anything said on this podcast is not legal advice.

Hi, Rosemary. Good morning. I'm, I'm great. Thanks for asking. And thank you for having me. It is a pleasure for me to be here today.

Great. So we are going to discuss the fee changes with, uh, USCIS. And I wanted, I wanted you specifically on today's podcast because You do a lot of the forms and you have a lot of interaction with the clients. I wanted you to talk about how the fee increase or the fee change is going to affect some of your work because immigration is trying to change their system and they're trying to do a lot of stuff online, a lot of their applications online, they've, they're trying to incentivize by giving a little bit of discount on their fees to try to do some of these applications online. And some of these applications can be done online, and some of them might not be a good idea to be done online. Um, and that's why I wanted you explain, help me explain why some of these applications probably would not be a good idea to be done. Um, and also some of the difficulties we have had in doing the applications online with the client. Overall, I mean, I've done some of the applications online historically without a problem, recently been a few hiccups and that might just be USCIS changing their system and that might have been some of the hiccups. Um, let's go through some of the applications really quick because. I see that. Well, let's talk about why there's going to be an increase. You know, USCIS, they're usually self funded. So a lot of people don't know that, you know, they get very small percentage of their money. from, uh, from, you know, the government. Other than that, they're usually self funded. Their, their pays comes from the application fees. their salaries and whatnot. So, and they haven't had a pay increase in a long time, right? So it's kind of important to have that. Um, so that is really important, right? Um, USCIS us that it's about four or 5%. 95 percent of their funding comes from the appropriations of bill. And means the rest, 95 percent of their funding comes from filing fees. So that is huge, right? So they're raising fees because they need to Kind of work on the backlog, right?

Yeah. Yeah.

an I 130 is taking over a year. You know, the waivers, the I 601A waivers, They're taking four years. So our clients were saying they're, they're constantly calling us and what's the status? What's the status?

Oh, it's take, we're still pending. It's still pending, right? So this is why they're working on the backlog. They are, they really want to work on the backlog and they've told AILA, the American Immigration Lawyers Association, they've told us. That they are wanting to hire more employees to work on this backlog, um, hire more staff. Um, so that's important.

Sure. For doing so, they have to increase the fees. And that's the explanation of what they are doing, what they're doing now with the fees.

Absolutely. know, and especially because, because there is a lot more asylum applications and refugee support, so they need to hire more staff, right? So, I mean, we all know I've have asylum applications that have been pending almost nine, 10 years. So this is it. It is crucial. is...]]>Good morning and welcome back to Unite Immigrant Families. Rosemary Vega. I'm an immigration attorney here in Houston, Texas. know it's been some time my last podcast, but I'm back. Um, I felt like it was time that I recorded a podcast, especially right now because new fees that are going to be implemented April 1st. with the USCIS. Um, and some of these new fees are good. Some of them are bad. So, well, not bad, but they're an increase. And some of them are actually going down. So I don't see it as, as a bad thing, you know, but it is a fee change, right? today I have Mariana and she's my legal assistant. Hi Mariana. How are you today?

Hi, Rosemary. Good morning. I'm, I'm great. Thanks for asking. And thank you for having me. It is a pleasure for me to be here today.

Great. So we are going to discuss the fee changes with, uh, USCIS. And I wanted, I wanted you specifically on today's podcast because You do a lot of the forms and you have a lot of interaction with the clients. I wanted you to talk about how the fee increase or the fee change is going to affect some of your work because immigration is trying to change their system and they're trying to do a lot of stuff online, a lot of their applications online, they've, they're trying to incentivize by giving a little bit of discount on their fees to try to do some of these applications online. And some of these applications can be done online, and some of them might not be a good idea to be done online. Um, and that's why I wanted you explain, help me explain why some of these applications probably would not be a good idea to be done. Um, and also some of the difficulties we have had in doing the applications online with the client. Overall, I mean, I've done some of the applications online historically without a problem, recently been a few hiccups and that might just be USCIS changing their system and that might have been some of the hiccups. Um, let's go through some of the applications really quick because. I see that. Well, let's talk about why there's going to be an increase. You know, USCIS, they're usually self funded. So a lot of people don't know that, you know, they get very small percentage of their money. from, uh, from, you know, the government. Other than that, they're usually self funded. Their, their pays comes from the application fees. their salaries and whatnot. So, and they haven't had a pay increase in a long time, right? So it's kind of important to have that. Um, so that is really important, right? Um, USCIS us that it's about four or 5%. 95 percent of their funding comes from the appropriations of bill. And means the rest, 95 percent of their funding comes from filing fees. So that is huge, right? So they're raising fees because they need to Kind of work on the backlog, right?

Yeah. Yeah.

an I 130 is taking over a year. You know, the waivers, the I 601A waivers, They're taking four years. So our clients were saying they're, they're constantly calling us and what's the status? What's the status?

Oh, it's take, we're still pending. It's still pending, right? So this is why they're working on the backlog. They are, they really want to work on the backlog and they've told AILA, the American Immigration Lawyers Association, they've told us. That they are wanting to hire more employees to work on this backlog, um, hire more staff. Um, so that's important.

Sure. For doing so, they have to increase the fees. And that's the explanation of what they are doing, what they're doing now with the fees.

Absolutely. know, and especially because, because there is a lot more asylum applications and refugee support, so they need to hire more staff, right? So, I mean, we all know I've have asylum applications that have been pending almost nine, 10 years. So this is it. It is crucial. is crucial. Um, so look at what some of the fees will do. And some, like we mentioned, some of the fees are actually gonna go down

Yes. Sure.

they did look at, they did look at everything and they saw, okay, where are we getting a lot of fee waivers? Should we. maybe reduce the fees or do a fee exemption in these types of cases. And so we're going to talk about that as well. Okay. So one of the, um, applications just pops up in my mind is the I 130. You know, the I 130, if it's a standalone I 130, we could do that online. If there's an online version, a standalone I 130, we could possibly do it online.

Yes.

And there's a discount for that. Okay. what if it's a one step? And let me give you an example of what a one step would be for our listeners who may not know, who may not understand what a one step is. So let's say we have Karen and Karen is from Mexico and she entered the United States on a visitor visa. Let's say she entered back in 2000 and she stayed in, she overstayed.

She stayed in the United States and years later, many, many, many years later, she married James. who is a U. S. citizen. And because Karen entered the United States on a visitor visa, and because James is a U. S. citizen, she will be able to adjust her status in the United States. The process is going to look like this. We're going to file an I 130 and an I 45, with I 765, which is the work permit. Along with possibly an I 131, which is an advanced parole, perhaps. And then the I 864, which is the affidavit of support. And maybe if they need a co sponsor, but those are some of the forms that we, we would need to file. And Mariana, tell me what, what are some of those, how does that process look like? You, you, we use a, a program

Yes.

system

Yes. We use a program to file all the application to do the filing, but, uh, the problem would be, I mean, for me and in my experience, uh, working with those type of cases that you have to prove. Every application you're, uh, submitting, for instance, with the I 485, you are proving that you are going to adjust her, uh, her status, I mean, the status of Karen, so we will need to submit, uh, some evidence, I mean, along with the ID documents, for instance, her passport, her visa, so if we will be doing all the applications together or, I mean, separate, doing it, uh, with the online filing, uh, forms, we will need to do all the applications together or, I mean, separate, We're going to have most, uh, multiple packets, so it will be like double the work we do right now because right now we're, we're doing, what we are doing is doing a cover letter, doing a whole packet containing all the information we're just submitting once the ID documents, once the passport, once the evidence of the, uh, co sponsor, but doing it online, we have to do double the work or triple the work and prove it.

Everything, each time we submit an application, so that would be hard for us and maybe we will have to do even more and more work for the filing in a phase.

and with our program that we use. You enter the information time

Yes, just one.

and if the client comes back and says, Oh, I have changes it's easier to do the changes because we're just Changing the information and it it's it's not as hard because

  Hi, Rosemary. Good morning. I'm, I'm great. Thanks for asking. And thank you for having me. It is a pleasure for me to be here today.

Yes.

Yeah. Yeah.

Sure. For doing so, they have to increase the fees. And that's the explanation of what they are doing, what they're doing now with the fees.

Yes. Sure.

Yes.

Yes. Yes. We use a program to file all the application to do the filing, but, uh, the problem would be, I mean, for me and in my experience, uh, working with those type of cases that you have to prove. Every application you're, uh, submitting, for instance, with the I 485, you are proving that you are going to adjust her, uh, her status, I mean, the status of Karen, so we will need to submit, uh, some evidence, I mean, along with the ID documents, for instance, her passport, her visa, so if we will be doing all the applications together or, I mean, separate, doing it, uh, with the online filing, uh, forms, we will need to do all the applications together or, I mean, separate, We're going to have most, uh, multiple packets, so it will be like double the work we do right now because right now we're, we're doing, what we are doing is doing a cover letter, doing a whole packet containing all the information we're just submitting once the ID documents, once the passport, once the evidence of the, uh, co sponsor, but doing it online, we have to do double the work or triple the work and prove it.

Everything, each time we submit an application, so that would be hard for us and maybe we will have to do even more and more work for the filing in a phase.

Yes, just one.

Yes, it's not as hard doing it online because if we will doing it online, uh, we, we will have to change everything and maybe start from zero. Even though, uh, we have all, most of the information correct, we will have to start from zero and put all the changes. All the information again, not just the thing that we are going to change.

I mean, everything, and that's, uh, double the work.

So we will have to file that in physical and the rest of the application. I mean, the I 130 and the I 765, we will have to do it online and the rest physical, and it will be. Maybe a lot of work to have, uh, different applications. One doing physical, one doing online.

Yeah, sure, because they have to wait longer.

No, it's not. No, in those type of cases, it's not. It's not.

Or,

yes, and maybe the clients are thinking, Oh, we're saving money, but you're not. And you're losing time. Not just money, time. Because of, you're gonna be waiting more. Right. If we have to do all the changes and resend and resend to U-S-E-I-S information, and even if we are not able to provide all of the evidence because we need to prove that you enter legally to the US or that you are under a marriage, if we are not able to submit all the evidence, they, they wouldn't have all the picture.

So that would affect the clients.

Yes.

Even clients who are thick savvy and know how to use technology have had those type of problems because it is not an easy system. So we will have to explain them and retry and even have in person meetings. So that's kind of hard. Completely. Yeah.

Yeah.

Yeah, sure.

Yeah, I

have a question and I would like to clarify that on, on this topic. Those exemptions are going to be for just online filing or physical filing too.

Okay, perfect.

Very good.

Yeah,

yeah, sure.

Yeah, it could be great for clients to have that discount on their fees.

On all of the application of, or most of the applications. That's, that's great. That's awesome for clients.

Just, just one payment.

Yeah, sure. It's pretty important.

Oh, okay.

Online.

No, I think everything is clear, but I would like to clients think of of it as not just as, oh, we're saving money. No, think all of the picture and see that it is going to cost you even more if we file online some of the applications. So just, uh, think of it and, um, make a decision.

Thank you.

 you're not having to redo all that full forms all over again. It's, it's, it, yes, it's tedious, but it's, it's not as, as, um, just a change.

It's

it's not as hard doing it online because if we will doing it online, uh, we, we will have to change everything and maybe start from zero. Even though, uh, we have all, most of the information correct, we will have to start from zero and put all the changes. All the information again, not just the thing that we are going to change.

I mean, everything, and that's, uh, double the work.

Yeah. Because when you're doing it online, well, first of all, the I 130 is able, we're able to do online, the I 45, we are not able to do online. They don't have an online. It's not, they don't have that possibility yet to do online at this moment. So only a paper filing.

So we will have to file that in physical and the rest of the application. I mean, the I 130 and the I 765, we will have to do it online and the rest physical, and it will be. Maybe a lot of work to have, uh, different applications. One doing physical, one doing online.

And the problem, another additional problem is, well, in my experience is uploading some of these documents. Sometimes it gets, um, you're not able to read, to upload all those documents that we submit because there's a limit upload. Additionally, you submit the I 45, When it's a one step, especially when you have an I 130, in my experience, and in the experience of many of my colleagues, I have noticed that they, rejects the I 45, even if you have the receipt the I 130, or if you even have the approval of the I 130, because whatever reason, they want to see the application of the I 130. with the I 45. constantly having to send it back and send it back and send it back they notice it and they say, there's the receipt. So it, it causes us a lot more work, a lot more headache and that, and it's frustrating for us. It's frustrating for the

Yeah, sure, because they have to wait longer.

Yes. And they, the clients mad at us because they don't understand. That doing our job, we're doing it right, but they don't understand that USCIS is rejecting it because they're not seeing the receipt or they're not seeing the I 130. So it's not worth saving those 50.

No, it's not. No, in those type of cases, it's not. It's not.

Yeah. Cause we're going to end up charging the client

Or,

If you want to do I 130 online, filing, I'm, we're going to charge you a lot more because it's. too much of a headache. We're going to continue doing paper filing for those one steps because it just makes sense.

yes, and maybe

I

the clients are thinking, Oh, we're saving money, but you're not. And you're losing time. Not just money, time. Because of, you're gonna be waiting more. Right. If we have to do all the changes and resend and resend to U-S-E-I-S information, and even if we are not able to provide all of the evidence because we need to prove that you enter legally to the US or that you are under a marriage, if we are not able to submit all the evidence, they, they wouldn't have all the picture.

So that would affect the clients.

correct. That's the whole purpose of filing the one step all at once. Correct. Correct. that's really important, you know, um, but you know, going back, that's, that's one thing that's really, really, really important. And I think that that's really good too. To explain. And then some of the one thing, some of the things that, that, um, we've encountered just filing online is some of our clients have struggled with opening up their accounts, right? And we're trying to help them open up their accounts.

Even clients who are thick savvy and know how to use technology have had those type of problems because it is not an easy system. So we will have to explain them and retry and even have in person meetings. So that's kind of hard. Completely. Yeah.

Yeah. Yeah. And once they see in person what we're doing and, Oh, it's just this right here. It clicks for them, but it's kind of like, Oh. Yeah, I should have seen that from the beginning. I just didn't realize that that's what they wanted me to do. Yeah. Yeah. So it, sometimes it is, a learning curve and it's a learning curve for everybody, I think, but for clients who don't know how to use the internet, not familiar with the internet. are not tech savvy. It's going to be a struggle

Yeah.

online. It's really going to be a learning curve for them, I think. but a good note, right? Some of the filing fees are going to be maybe reduced or eliminated. Such like if you're filing for Adjustment of status based on VAWA, of status based on USED, Adjustment of status based on a T, Adjustment of status based on Special Immigrant Juvenile. Those cases, you're, you will have, you won't have a filing fee anymore,

Yeah,

great. You

sure.

I was really excited to contact a client this week and tell them, guess what? We're going to wait to file your applications till after April 1st, because. then you don't have to pay the fee.

Yeah,

they

I

pleased about that. very pleased. Um, so we may have to resign the forms, but that's okay.

have a question and I would like to clarify that on, on this topic. Those exemptions are going to be for just online filing or physical filing too.

It's physical filing because remember the I 45, only paper filing,

Okay, perfect.

paper filing. So that's the great, that's the great thing. Now, one thing though is starting with April 1st, prior to April 1st, you had the one step, the I 40 or, uh, let's say you had an I one 30 approved and you're filing I 45, I 7 65, and I 1 31. All of that was, all of those three applications were included in the filing fee for the I seven, for the I 45, now starting after April 1st.

Very good.

not the case anymore. So there will be a filing fee for a step for the work permit and a filing fee for the advanced parole. So that is, that's important to note. So, um, not only will the filing fee go up for the I 485, but you're going to have a filing fee for the work permit and you're going to have a filing for the, for the advanced parole. So that's, that is important to note. So I think that is it. Unfortunately for those people, it's not just an increase in filing fees, but it's an increase in, you're not going to get the benefit of having a I 765 anymore included. You're going to have to pay for that as well. Um, and then we also have the, and I wanted to mention the naturalization

Yeah,

So the naturalization application, You can also file online. There will be a discount 50 discount. I think for Naturalizations filed online. Okay, that's that's good. um, it's interesting because I was looking at the increases or the feed changes and It looks like there's gonna be if you if you If you don't meet the poverty guidelines by a certain range, you're, fee is going to be actually 380 versus what, versus, um, 760 710. So that could be good for a lot of people.

yeah, sure.

So we'll just have to see how that plays out because I'm wondering if they're going to institute a new form or how that, that's going to play out. We'll just see how that, that works. But, um, I'm, I'm...]]>35bdb304-27f4-4bf2-90d8-b7835f079623Fri, 22 Mar 2024 11:00:00 -050025:18falsefull21212Rosemary VegaIs there a new law?Immigration attorneys, Rosemary Vega and Magali Suarez Candler, discuss a new policy memo regarding the three and ten year bars and how it will affect people.

How do preference categories work? what is a preference category? Can legal permanent residents petition for their spouse, child, or parent?

All of these are more are discussed in today's podcast.