Articles Posted in Immigration News

On November 23, US Citizenship and Immigration Services (USCIS) launched their first-ever standardized form for requesting fee waivers on the fees charged for immigration-benefit processing (Form-912, Request for Fee Waiver).

The fee waiver is a reflection of contributions made by stakeholders, community organizations and the public after USCIS heard concerns that lack of standardization created confusion over the principles used to approve a waiver. The new Form-912 clearly states the criteria USCIS uses to evaluate a waiver.

USCIS is currently asking for feedback from the public and stakeholders on a new guidance memorandum reviewing the new policy for reviewing fee waiver requests at www.uscis.gov/outreach.

Representative Steve King (R-IA) plans to take on birthright citizenship as likely chairman of a House subcommittee on Immigration.

King says that the Framers of the Constitution weren’t thinking about babies of illegal immigrants when they passed the 14th amendment in the Dred Scott case because there was no immigration law at that time. He plans to pass legislation banning “anchor babies,” with the plan that if there is any opposition, he can challenge it in courts or on the chance he loses, he will move for a constitutional amendment to change the practice. Other Senators have also spoken out against the 14th amendment and birthright citizenship. At least 13 state legislators have already started drafting bills that if passed would end birthright citizenship benefits.

After Marco Antonio Rua, chief engineer at the Wisconsin condominium in North Bethesda, was ordered by immigration authorities to leave the country along with his 17 year old daughter, residents of the condominium began working on his behalf.

His petition for permanent residency had been denied because it was not filed properly and therefore it was no longer legal for him to be in the US. The residents of the condominium, including Hawaii’s senator Daniel Inouye, petitioned Congress and the Department of Homeland Security to let Rua remain in the US. Their support for Rua was demonstrated through 333 signatures gathered for a petition in just 24 hours in addition to a total of $2,400 in donations to help with his legal fees. Since his arrival to the US in 1995, his efforts at the Wisconsin have saved the condominium thousands of dollars in maintenance and repairs.

Senator Inouye a co-sponsor of the DREAM Act which if passed would offer a path to citizenship for illegal immigrants advised Gail Shultie, the property manager of the Wisconsin, to contact Maryland lawmakers for support in Rua’s case.

Robin Ferschke of Tennessee pleaded with Senator Jeff Sessions (R-AL), top Republican on the Senate Judiciary Committee, to pass a bill that would allow her widowed Japanese daughter-in-law and grandson to enter into the U.S.

The bill is currently pending because some senators are concerned that the wording of the bill is too general and if passed would allow too many immigration safeguards to be removed that do not apply to the case. Ferschke’s daughter-in-law, Hota, married Marine Sgt. Michael Ferschke approximately one month before he was killed on duty in Iraq. The wedding was by proxy- Michael was in Iraq and Hota in Japan. Since their marriage is not recognized under a Cold War-era immigration law, she cannot move to Tennessee with Robin to raise her son like she had promised Michael.

The bill at hand would add a provision into immigration law that would allow, “exemption for couples who are unable to consummate their marriage because one of them was on active duty in the armed forces.” The bill cleared the House smoothly with support from both Democrats and Republicans but due to some senators concerns, the process has slowed. In order to approve the bill in the Senate and pass the bill quickly so the family can be reunited more detailed language that specifically applies to the issue is being added to the bill.