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New Canaan immigration lawyer ADP DACA

On June 4, the American Dream and Promise (ADP) Act of 2019, which was put forth by Rep. Lucille Roybal-Allard (D-California), was passed by the House of Representatives. If signed into law, this act would significantly alter U.S. immigration law by providing legal status for immigrants previously given protection under the Deferred Action for Childhood Arrivals (DACA) program. However, the bill faces several more battles in the Senate before its potential arrival at the Oval Office for its signing.

The Background of the Act

For almost two decades, the U.S. Congress has failed to pass the Development, Relief, and Education for Alien Minors (DREAM) Act. This bill was targeted at providing legal status for hundreds of thousands of illegal immigrants who entered the United States as minors. Due to Congress’s failure to provide a fix for this problem, the Obama administration in 2012 created DACA as an executive order to remedy this crisis. Under DACA, any minor having entered the United States since June 2007 before they turned 16, and who lived continuously in the country since then, was given the right to live, study, and work in the U.S. temporarily. However, this action came under intense scrutiny, and many legal experts claimed that the President’s actions were unconstitutional. In 2017, the Trump administration ended registration for the DACA program, and by 2020, the “dreamers’” legal status will expire.

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Posted on in Immigration

Stamford immigration lawyer

In the United States and across the entire world, immigration and immigration laws have become a heated and widely discussed topic. In the past few weeks, the White House has proposed a bill that would change the United States immigration system into a merit-based one. But what does this mean, and how will it affect individuals and families who are seeking to enter the United States through family-based immigration? If you or someone you know is looking to migrate to the United States, you should speak to a knowledgeable immigration lawyer to find out how these changes will impact you.

A Merit- and Point-Based System

The proper way to look at these proposed changes to immigration is that it is not about reducing immigration, but rebalancing it. As the American immigration system stands now, a wide variety of people across a substantial social and economic spectrum can gain admittance to the United States. Under the new proposed changes, individuals who are young, healthy, well educated, and speak English will be given priority. Whether a potential immigrant meets such criteria will be determined using a point system. Such individuals will be required to do a more intensive citizen test before being given admittance to the United States.

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Fairfield County immigration lawyer

In most of the world, same-sex relationships are not given the same recognition and equality as heterosexual marriages. Only 21 countries have legalized gay marriage and offer refuge for homosexuals fleeing persecution in their own country. The United States is a mixed bag when it comes to the issue of homosexuality. While many states still have anti-sodomy laws, recent court decisions have ruled in support of the LGBT community. In 2013, the United States Supreme Court ruling of The United States V. Windsor, SCOTUS ruled that the DOMA Act (The Defense of Marriage Act) was unconstitutional. President Obama directed then Homeland Secretary Janet Napolitano to review all same-sex couple immigration and visa requests on the same grounds as opposite-sex couples.

With DOMA now unconstitutional, gay, lesbian, and transgender couples are given equal recognition as hetero-couples. The significance of this is that if a U.S. citizen marries, or wants to marry, a foreign national of the same sex, they can petition for them to come to live in the United States. 

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New Federal Guidelines Proposed for Public Charge InadmissibilityOne of the biggest concerns for people seeking to immigrate to the U.S. is the chance that they will be ruled inadmissible for one reason or another. U.S. authorities might reject your application for an immigration visa because of your criminal history, medical issues, or the risk that you will be unable to financially support yourself and wind up living on government assistance, which would make you a “public charge.”

Definition of Public Charge Inadmissibility

In simple language, U.S. Citizenship and Immigration Services (USCIS) defines a public charge as a person who is primarily dependent on the government for food, shelter, and similar basic needs. A person deemed likely to become a public charge will not be admitted to the U.S. nor will an adjustment of status be granted to them.

However, current immigration law is vaguer on defining whether an immigrant may become a public charge. The Immigration and Naturalization Act is the governing federal law. Section 212(a)(4) states that “Any alien who, in the opinion of [U.S. immigration authorities] is likely at any time to become a public charge is inadmissible.” The law further states that the following factors should be used to determine whether a person applying for admission to the U.S. or adjustment of status is likely to be financially self-sufficient: age, health, family status, assets, education, and work skills.  

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