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        October 2, 2017

This month we are providing information for those impacted by Hurricane Irma as well as notification of an IMPORTANT new rule being imposed by U.S. consulates to ensure better visa compliance.  We also provide updates on the EB-5 Regional Center Program and Deferred Action for Childhood Arrivals (DACA).  If you are eligible for the Diversity (Green Card) Lottery, then consider submitting an application this month.  Information about registering for the lottery is below and the deadline is November 7.  Please share if you enjoy reading our newsletter!

Assistance after Hurricane Irma
Individuals impacted by Hurricane Irma may be eligible to apply for different types of disaster services offered by the Federal Emergency Management Agency (FEMA). Amongst these services:
1) Unrestricted services in the form of non-cash assistance available to all disaster victims regardless of immigration status. These include emergency assistance such as transportation, emergency medical care, crisis counseling, shelter, food, water and other short-term basic needs supplies.
2) Restricted services: Available to U.S. citizens, national and qualified aliens.  A qualified alien is someone who is a:
  • Lawful permanent resident;
  • Asylum grantee (INA §208);
  • Refugee admitted to the U.S. (INA §207);
  • Non-citizen paroled into the U.S. under INA §212(d)(5) for the period of at least 1 year (a.k.a humanitarian parole);
  • Non-citizen granted withholding of removal under INA §241(b)(3) or withholding of deportation under former INA §243(h) (in effect prior to IIRIRA);
  • Non-citizen granted conditional entry under former INA §203(a)(7)(f) (in effect prior to April 1, 1980);
  • Cuban/Haitian entrant under the Refugee Education Assistance Act of 1980, P.L. 96-422 ; or
  • Non-citizen granted T non-immigrant status or with a pending application for T non-immigrant status that sets forth a prima facie case for eligibility.
Apply for FEMA disaster assistance.
Source: Andrea Montavon-McKillip from the South Florida AILA Chapter
You can help those affected by Irma here.

New Rule Increases Importance of Visa Compliance
The State Department has implemented a new rule to expand their ability to determine that a foreign national has misrepresented their intentions when coming to the U.S. This new rule essentially states that if the foreign national does anything inconsistent with their visa status within 90 days of their entry, such as work without authorization, get married to a U.S. citizen, enroll in school, or change status, a finding of misrepresentation can be made. This can result in a permanent ground of inadmissibility. It is now more important than ever to fully comply with the terms of your visa status, especially during the first 90 days of entry into the US. 

EB-5 Regional Center Program Extended through Dec 8
President Trump signed H.R.601 - Continuing Appropriations Act, 2018 and Supplemental Appropriations for Disaster Relief Requirements Act, 2017 into law on September 8, 2017.  Included in this law was an extension of the EB-5 Regional Center Program with no changes until December 8, 2017.
A number of insiders suggest that changes to the EB-5 green card category will come this year (though they have been saying this for several years already).  Prospective investors who are thinking of participating in an EB-5 Regional Center program may want to consider completing their investment and making the EB-5 application before the December 8 deadline.  It is more likely than not that the USCIS will grandfather any applications made before the law changes (if it changes) or expires, but there is no guarantee of this and we can only wait to see what happens. For more information about EB-5 green cards, click here.  

DACA Update
The Trump administration announced on September 5, 2017 the end of the Deferred Action for Childhood Arrivals program (DACA), giving Congress a six month deadline to find a permanent solution. Shortly after, USCIS issued a memorandum on rescission of DACA with the
following changes to the DACA program.
  • USCIS will not accept new DACA applications as of September 5, 2017
  • USCIS will continue processing new DACA applications filed and accepted before September 5, 2017
  • USCIS will continue processing DACA renewal applications pending as of September 5, 2017
  • USCIS will accept DACA renewal applications for those who's DACA will expire between September 5, 2017 and March 5, 2018. These applications must be filed by October 5, 2017. They will not accept renewal applications for anyone whose DACA status expires after March 5, 2018.
  • USCIS will not accept new DACA advance parole applications as of September 5, 2017
    • USCIS will not process currently pending DACA advance parole applications as of September 5, 2017 and will refund the application fees paid
    • USCIS will allow current DACA advance paroles to be used during their validity period
Click here to read more. 

APPLY NOW: Green Card Lottery 
Entries for Green Card Lottery 2019 must be submitted electronically between noon, Eastern Daylight Time (EDT) (GMT-4), Tuesday, October 3, 2017, and noon, Eastern Standard Time (EDT) (GMT-4), Tuesday, November 7, 2017.

Jaensch Immigration Law is offering to register foreign-born applicants and their family members in the DV-2019 Green Card Lottery. The fee is $200 USD per person. For more information about the eligibility requirements for the Green Card Lottery and to register, please visit our diversity Visa Lottery Registration Page.

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Jaensch Immigration Law

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