Happy New Year! Don’t Party too Hard.

Contributed by Kim Tremblay, Associate Attorney

This week, many of us are stocking up on goodies to celebrate the beginning of a new year: caviar, champagne, marijuana.  Well, technically Coloradans can start purchasing marijuana for their personal consumption on January 1, 2014 when special retail shops will be permitted to open. This results from Colorado voters approving a ballot measure in November 2012 that decriminalized marijuana possession of one ounce or less for adults over 21 and regulates the cultivation and sale of marijuana. 

However, immigrants should find alternate ways to celebrate.

Although the federal government announced its marijuana related enforcement priorities in August 2013, namely that it would focus on protecting minors from marijuana and preventing criminal involvement in the industry, at the federal level, marijuana is a controlled substance and it is a crime to possess it or to engage in its production or distribution. 

Of specific concern to immigrants is that immigration matters are regulated by federal law, which has not changed with regards to marijuana.   Under immigration law, there are many areas related to controlled substances that could be problematic for marijuana users, producers, and distributers.   Please see my previous blog regarding these issues: http://josephlawfirm.blogspot.com/2012/12/immigrants-should-not-break-out-cheetos.html. 

You may want to just stick to caviar.  Happy New Year!

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CBP Announces Joint Customs Declarations for Same-Sex Couples

Contributed by Bryon Large, Senior Attorney

United States Customs and Border Protection (CBP) today announced revisions to its regulations regarding joint filing declarations upon entering the United States.  CBP has expanded the definition of “members of a family residing in one household” to include long-term same-sex couples and other domestic relationships without dependence on a traditional marriage.  Same-sex spouses are now free to file only one customs declaration when entering or returning to the United States. 

According to CBP’s press release today, also included in domestic relationships are “foster children, stepchildren, half-siblings, legal wards, other dependents, and individuals with an in loco parentis or guardianship relationship.”  Furthermore, long-term permanent partners are included, regardless of whether they are married, in civil unions or in domestic partnerships.  To file a joint declaration, a couple must simply share financial assets and obligations and not be married to, or a partner of, anyone else.

This is another amazing advance to legal recognition of relationships and equal treatment for couples, cutting down barriers and providing dignity and respect to our ever-evolving definition of family.

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USCIS Announces Reaching U Visa Cap

Contributed by Bryon Large, Senior Attorney

On December 11, 2013, USCIS announced that they have reached the statutory maximum of 10,000 visas issued for U-1 non-immigrant status for fiscal year 2014.  While we have yet to reach Christmas for the 2013 calendar year, the U.S. government’s fiscal year 2014 began on October 1, 2013 (remember the budget crisis?).  On October 1, USCIS began approving U visa petitions for people that were approvable after reaching the visa cap in the previous 2013 fiscal year.  Apparently, from those 2013 back-logged visa approvals and those approved during the previous two and a half months, they have already reached 10,000 visa non-immigrant status approvals in the current fiscal year.  By law, USCIS cannot approve any additional visas.

The regulations allow for approvable petitions to be given a conditional approval notice and placed on a waiting list for U visa status.  8 C.F.R. § 214.14(d)(2).  The regulations also allow for parole and/or deferred action, as well as employment authorization, to be granted to those people receiving a conditional approval notice.  Id. 

Given the volume of U visa status applications and the tremendous benefit they give to deserving victims of crimes, as well as the quite difficult state of current immigration law, it is not surprising that the 10,000 visa cap has been reached so early in the fiscal year.

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Attorney letter to Santa

Contributed by Bryon Large, Senior Attorney

 

Dear Santa,

I’m sure some Members of Congress are on your naughty list for failing to pass a comprehensive immigration reform bill.  On the other hand, I’ve been (mostly) a good boy this year, and I have the following wish list for my clients.  You see, if Congress can’t pass immigration reform, these are all things that can be done by the immigration agencies, without changes to existing law.  So please, Santa, could you bring us the following?

·         Parole – Authorizing parole for spouses of US citizens would make them eligible to apply for residency without triggering unlawful presence bars or requiring difficult waivers needed for family unity.

·         Deferred Action – Expanding the deferred action program to undocumented people present in the United States would allow them to seek employment authorization and other needed documents, such as drivers licenses.  It would also make them eligible to seek travel permits to return to their home countries for humanitarian, business, or educational reasons.

·         Longer Employment Authorization – In most cases, employment authorization documents (EAD’s) are issued for one year.  At $380 per renewal plus preparation fees, this is an exceptionally high cost for many people seeking to renew EAD’s each year.  The Department of Homeland could very easily approve EAD’s for a two-year period.  Particularly of interest would be cancellation of removal applicants whose cases were administratively closed.  Those applicants are often low-income people who incur a difficult financial hardship at each renewal.

·         Repapering Policy – With the Department announcing a liberal repapering policy, many people may benefit from having the “clock” reset on their physical presence in the United States.  Some people are now waiting up to five years or more to have their final removal (deportation) hearings held.  Oftentimes, benefits of applying for cancellation of removal are lost in the process as their physical presence to qualify for cancellation stops upon issuance of removal charges in immigration court. 

·         Increased Prosecutorial Discretion – Increasing the 2011 prosecutorial discretion program and broadening its scope would lead to more administrative closures of removal cases, alleviating the threat of deportation and the breakup of families.

All of these programs can implement the appropriate background investigations to screen for public safety and national security concerns.  Those with serious criminal histories can be excluded and those supporting their families can be included.

Please, Santa, if you could bring these gifts to my clients in the coming year I will be very grateful.  Have a talk with your elves at DHS and see if we can help some good people out.

The milk and cookies will be on the mantle, as usual.

Yours truly,

Bryon

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