It’s widely believed that undocumented immigrants are unable to apply for green cards; however, that’s untrue. Select individuals with unlawful status can apply if they meet the requirements and complete the application process accurately. If you’re undocumented, learn if you qualify to receive legal permanent residency, work authorization, travel rights and the other life-changing benefits associated with a green card.
Today is Citizenship Day. September 17 marks the 228th anniversary of our Founding Fathers signing the U.S. Constitution. As we look back to that historic occasion, people across the United States are preparing to take the naturalization test and become U.S. citizens.
When President Obama introduced Deferred Action for Childhood Arrivals (DACA) in 2012, the Department of Homeland Security (DHS) pledged to refocus its deportation efforts on the biggest threats, such as those posing a risk to public safety and national security.
Deferred Action for Childhood Arrivals (DACA) is an initiative that was announced by President Obama in June 2012. It offers temporary, protected status and work authorization to individuals without legal status in the United States. DACA status is offered in two year increments.
If you were approved, in order to maintain protected status it’s essential to apply for DACA renewal.
Requirements for DACA Renewal:
It’s recommended to submit your renewal application at least 120 days (four months) but not more than 150 days (five months) before your DACA expiration date. To ensure your renewal application is filed on time, begin the process six to seven months before your DACA expiration.
If your DACA expires before you receive your renewed DACA, you can accrue additional unlawful presence in the United States. And your work authorization will expire. If you apply for renewal within the 4 to 5 month period before expiration and USCIS is not able to process your renewal in time, they may continue your approved status temporarily.
Renewal Fee
The filing fee paid to the USCIS to renew your deferred action status is $465.
Have additional questions about Deferred Action renewal? Contact us for information from one of VISANOW’s immigration specialists.
Christian
A young, DACA-approved DREAMer shares a personal story of how she worked hard against all odds to go to college and achieve her dreams.
“As a child, I was told education is the path to a successful life where you are not living day-by-day and paycheck to paycheck. In school, I was always told I could become anybody I wanted when I grew up. I was told that anything is possible if you set your mind to it. I can’t recall the first time I was told I was undocumented. It’s like I always knew, although I do recall the feeling that this status brought to me.
As a young girl, I dreamed of someday becoming a police officer or a firefighter. Being undocumented affected me for the first time when I was in high school. When I turned 16 I received my driver’s permit but could not obtain my license. I didn’t know how to explain to my friends that I was not “good enough for a license.” Even though I had obtained my permit and even though I had passed Driver’s Ed, I wasn’t good enough for society. For the first time ever, I understood I couldn’t be whatever I set my mind to. I felt betrayed by my family, by my education, and by the community. I felt alone. My chances of going to the university of my choice were so small, but what hurt the most was knowing that my chances of even attending college were almost impossible. My lifelong dream to get out of poverty was slowly being shot down. Even though I have a learning disability I managed to graduate with double honors from elementary school and ended up in the top 25% of a class of thousand students in high school. Even with all of this, I wasn’t good enough for a college education.
Young Christian with her mother.
Seeing my mother struggle to raise two girls alone in a different country gave me the strength to not give up hope. I knew I had to be careful to whom I disclosed my status. I knew that if I revealed my situation to the wrong person my whole family could be in danger. Even at school I wasn’t safe. At times I felt I was living two lives: the one I pretended to have for society and the one I had at home. As I slowly gained trust I opened up to my high school counselor. Not surprisingly, she was more clueless on this subject than me. I was the one that informed her that even with my delicate status I was still eligible to attend college. I couldn’t ask my family for help because they weren’t familiar with the system at all, and society was against me. I did not give up, I pressured my counselor to learn more, and I made connections with other staff members that I thought could help me. Finally with perseverance I was accepted and given scholarships to attend a university.
When I enrolled in college, my undocumented status hit me harder. My admission process was different from other students. As class started I set my goal to be in the top of my class and also to be very involved with extracurricular activities. These goals opened the door for me to be eligible for more scholarships. Many of these scholarships were not renewable for the next year, and therefore I never knew if I would be able to come back the following year.
When President Obama opened up Deferred Action for DREAMers, I didn’t want to apply. I felt frightened that something could happen to my family. I was afraid they could serve time in prison or get deported. As time progressed and I became a junior in college, I was in need of an internship and a job so I could return the next school year. These events forced me to apply for DACA. Today, I have the authority to work in the United States legally, but I still feel cheated and unsatisfied. It feels horrible not to be good enough for the place I call home. I live day-by-day proving society wrong and I won’t stop until I obtain justice, freedom and liberty for my community in the place I call home.”
If you have questions about Deferred Action or Immigration Reform, feel free to contact VISANOW or get connected on Facebook and Twitter.
The immigration process unites families with loved ones while offering life-changing opportunities to students and professionals. Unfortunately, there are individuals and companies that exploit people’s situations to reap monetary gains.
Look out for these common immigration scam red flags while applying for a visa.
1. Asking for Money
Don’t get caught by immigration scams that ask for money. Image credit: Barb Leung via Flickr
Scammers often request money from people with a variety of statuses from undocumented immigrants to U.S. citizens. While it’s not a definitive sign of an online scam, it’s important to inquire what the funds will be used for to discern the validity of the request.
Scammers may request money for:
Be suspicious of all the requests above when encountered in-person and online. If a friend or one of their family members becomes suddenly ill, has an accident, experiences a death in the family, or has a sick child that needs help, take note of those situations as warning signs.
Educate yourself about the filing fees requested by the U.S. consulate. For example, if your companion is traveling to the U.S. for vacation, they will be using a B-2 visa. The standard filing fee for a U.S. B-2 visitor visa is $160, regardless of the country of origin.
Example of a U.S. visa. Image credit: Shujenchang
Some scammers may claim they already have a visa to the United States. They may be even willing to show you a copy of their passport and visa to validate its legitimacy. It is important to know how to identify authentic visas and passports.
Warning signs of fake visas and passports include:
To understand the government requirements for passport and visa photos, please read the guidelines published on the U.S. Department of State site.
There are fraudulent businesses that scam foreign nationals and U.S. citizens in search of immigration help.
For example, there have been reports of a rash of scams directed at tech workers from India. These fraudulent companies claim to help individuals obtain a H-1B visa to legally work in the U.S., but after stealing their money they never deliver on their promise of a visa.
Red flags of suspicious immigration services include:
These scammers guarantee approvals for B-2 visitor visas. No one can guarantee the approval of a visitor visa and any claim to the contrary is a big sign of an immigration scam. While United States immigration attorneys cannot guarantee approvals for visitor visas, working with one will significantly increase your chances of approval.
The immigration process is a complicated matter that requires time, patience, and a thorough inspection. Scammers often promise fast outcomes and expedited processing times, which give people with unrealistic expectations. If you think you’re a victim of a scam, you can report it to the Internet Crime Complaint Center.
While the internet created unprecedented possibilities for connecting with people from all over the world, it has also left those seeking companionship abroad vulnerable. The best way to avoid becoming a victim of an immigration scam is to stay educated on the process, take note of the warning signs, and work with a reputable immigration attorney.
President Obama’s latest deferred action executive order is on hold due to a federal injunction granted in February. If you qualify for expanded DACA or DAPA, don’t worry, immigration advocates believe the injunction won’t last long and the USCIS may begin accepting applications soon.
Here’s an overview of the deferred action injunction timeline detailing when it may be lifted:
Want to get a head start on expanded DACA or DAPA? Learn if you qualify for deferred action and begin preparing your documents!
As the federal government works toward a bipartisan solution to immigration reform, we’re left to wonder if a comprehensive change will happen. However, there is some movement on the local level as 12 states have passed their own version of the DREAM Act. The legislation would have given young immigrants a path to citizenship and was rejected by the senate in 2010.
To help give young undocumented immigrants an option to pursue their studies, the following states have passed their own version of education reform for DREAMers:
The California DREAM Act allows students, who meet certain qualifications, to pay the same tuition and fees as in-state residents at public colleges and universities. Additionally, it grants undocumented students the ability to apply for and receive private scholarships, university grants, state financial aid, and community college fee waivers. The student meets the requirements if he or she has:
This state’s DREAM Act is the first in the country to have a private scholarship fund for undocumented students. It helps families of students plan for college by giving them access to the Treasurer’s College Savings Pool and the Illinois Prepaid Tuition Plan. The act also requires high school counselors to be informed about undocumented students’ higher education options. The student meets the requirements if he or she has:
These states provide in-state tuition to undocumented immigrants if they have:
Maryland’s DREAM Act was voted into law by popular vote. On top of granting in-state tuition to students, it also provides in-state status for active military families that live in the state, and to veterans that register within four years of military discharge. The student meets the requirements if he or she has:
Nebraska’s DREAM Act grants the student in-state tuition to public colleges and universities in the state. It allows students whose parents have moved out of the state to retain their in-state tuition rates, as long as they can provide proof of their intention to reside in Nebraska. The student meets the requirements if he or she has:
New Mexico’s DREAM Act provides in-state tuition to undocumented immigrants who have:
New York’s DREAM Act offers in-state tuition rates to undocumented immigrants who have:
Utah offers in-state tuition rates to undocumented immigrants who have:
Do any of these state-level DREAM Acts affect you? Let us know on Facebook and Twitter. If you want to learn more about your options prior to comprehensive immigration reform passing, such as Deferred Action for Childhood Arrivals (DACA), or to get your case started, give us a call at 855-603-7326.
The April 15 tax filing deadline is quickly approaching, however, there’s still time to file. All foreign nationals, regardless of their immigration status, are required to file tax returns if they worked in the U.S. the previous year.
Tax Filing Benefits
3 Tax Filing Mistakes to Avoid
1. Not working with a qualified tax professional
Anyone with a preparer tax identification number (PTIN) can organize and file tax returns. However due to your unique status, you should work with a qualified tax professional to help avoid any filing mistakes, which can result in expensive fines down the road. From certified public accountants to tax attorneys, it’s important to understand different credentials to help you choose the right preparer. If you need assistance finding a reputable tax preparer, the IRS has an online tax return directory that’s updated regularly. Alternatively, you can use well-known tax preparation services, like H&R Block or TurboTax.
2. Paying the individual shared responsibility penalty
DACA grantees and other undocumented immigrants don’t qualify for Affordable Care Act (Obamacare) benefits, so they are exempt from paying the individual shared responsibility tax penalty. It imparts a fee on those without a health insurance plan. To file for your exemption, fill out Form 8965 with your return.
Scam Warning!
The IRS only accepts this payment through the tax return or in response to a letter they’ve officially sent. However, they’ve come across cases where tax preparers are telling filers they must pay them directly. Remember, this is not the case. Any tax preparer stating you must pay the fine is misinformed or attempting to commit fraud. Seek out a qualified tax professional who understands all tax laws and requirements. If you’ve been targeted by a fraudulent tax preparer, make an official complaint to the IRS.
3. Waiting until after the April 15 tax deadline
The federal tax season deadline is the last day to pay all taxes owed to the IRS for the previous year, without incurring fines. If you owe taxes and don’t file, you will have to pay a penalty fee of 5% of taxes owed for each month you’re late, not exceeding 25% of what’s owed. In some cases you can file an extension, however, it’s simpler to meet the deadline to ensure you don’t pay any additional fees.
Looking for more tax preparation advice? Visit the IRS website for more information on filing tax returns.
Immigration advocates around the country are extremely hopeful that a path to citizenship will be available soon. Once the immigration reform bill passes, undocumented immigrants will be able to walk the path to full U.S. citizenship through the Registered Provisional Immigrant program.
We cannot stress enough that the Registered Provisional Immigrant (RPI) status does not currently exist and therefore no one can apply for it. Do not trust anyone who tells you there is a new path to citizenship available right now for undocumented immigrants.
As it is presented in the Senate’s immigration reform bill, RPI status can only be obtained through what will most likely be a long, complicated application. DREAMers will be at the front of the line, though they will still have many steps to complete when applying. All undocumented immigrants should be aware that when immigration reform passes, millions of people will be applying at once for RPI status. Preparing yourself for immigration reform will ensure that your application process will go much more quickly and easily, and possibly put you ahead of others who did not take the time to plan ahead. Remember the fable of the Ant and the Grasshopper, “prepare yourself and don’t be stuck out in the cold when comprehensive immigration reform passes!”
In the immigration bill, a prior DACA approval automatically qualifies you for Registered Provisional Immigrant status. If you are granted DACA approval, many fees will be waived and you will have much less paperwork to submit. Read more about how DACA can help you when reform passes on our blog. See if you qualify for DACA and/or start your application on our website.
This will most likely be very similar to what DACA applicants are already doing. Utility bills, phone bills, subscriptions, bank statements, receipts, tax records, school records, personal mail, and even Facebook check-ins and speeding tickets can be used to show your continuous presence.
The risk is not worth it. Any issues reentering the country or inability to demonstrate continuous physical presence could jeopardize your RPI status approval.
You may not have a valid birth certificate on hand, and this will be essential. If you need a new copy from your country of origin, keep in mind this could take a long time for them to process, especially if your consulate is backed up with requests and isn’t used to processing document requests promptly.
This will cover your entire time in the U.S., so remember to remain on good behavior if you haven’t had any issues yet. Any felonies or significant misdemeanors you commit will most likely disqualify you from applying for RPI status.
It’s important to know what the government has on file for you before you apply for RPI status. For those with immigration infractions or other immigration activity on their record, this will be especially important. If you are afraid of submitting personal info to the government, you may want to speak with an immigration lawyer to see how they can safely obtain this information for you.
Whether you are a DREAMer or not, all paths to citizenship will require a good deal of money. Some of these fees will be non-negotiable, and you won’t want a few hundred dollars to hold you back from living your life as a legal immigrant. Applying for RPI status will require payment of a $500 penalty, and then another $500 fine when you apply for renewal. After 5-13 years, if an RPI resident wants to apply for Permanent Residence (Green Card,) there is another $1000 fee. This amount doesn’t include application fees (which won’t be decided by DHS until reform passes) and back taxes you may have to pay. Even if you can only save a small amount each month, something is always better than nothing.
