Realign of US Immigration Enforcement under DREAM Act

With this new policy, illegal immigrant who are honorably discharged from military (Do not understand how did anyone entered military got in the first place), received high school degree or even enrolled in school between the age 16 to 30 will not be deported. Even though this won’t allow path to citizenship, eligible immigrants would be eligible to obtain employment authorization, not mandatory that they should get one, and also to be renewed every 2 years.

The affected population is roughly the same as the one that would be covered by the DREAM Act, a stalled piece of legislation that is a priority for immigration advocates. President Obama has joined Democrats in calling for the bill’s passage, but Republicans have blocked it on the grounds that it amounts to amnesty.

“This grant of deferred action is not immunity. It is not amnesty,” Napolitano said. “It is an exercise of discretion so these young people are not in the removal system. It will help us continue to streamline immigration enforcement and ensure resources are not spent” unwisely.

Hailing the new policy as “the right thing to do,” Napolitano noted that many of the immigrants who would be eligible are assimilated members of American society who “have already contributed to our country in significant ways.”

“Our nation’s immigration laws must be enforced in a strong and sensible manner, but they are not designed to be blindly enforced without consideration given to the individual circumstances of each case,” Napolitano said.

This new policy has affected almost 800,000 undocumented immigrants. But have to wait and watch how many of them you come forward submit the document to obtain employment authorization, as mentioned above work permits given based on each cases.

Benefits Of Being an Asylee

Once asylum is granted, it means that the asylee can live and work legally in the US and will subsequently have the opportunity to apply for lawful permanent residence and citizenship.

However, it is important to note that asylum is not a permanent, guaranteed status for life in the US. For that reason, it is essential for asylees to apply for lawful permanent residence one year from the date on which they were granted asylum.

Derivative Asylum for Spouse and Children

Immediate family members present in the US and included in the original asylum application automatically receive asylum together with the primary applicant. “Immediate family members” include the asylee’s spouse and unmarried children under 21 years of age.

Eligibility for Employment and a Social Security Number

You automatically become eligible to work in the US and do not need an Employment Authorization Document (EAD). Asylees who do not have a valid passport or other government-issued identity card choose to apply for an EAD. An EAD is valid for one year and is issued free of charge to asylees upon initial application, but subject to a fee for subsequent renewal applications.

An EAD should not be used as a substitute for a social security card and a state-issued ID card. The latter two documents should be used as proof of eligibility to accept employment in the US when completing an I-9 form with a potential employer.

Public Benefits

After being granted asylum, for the first seven years, asylees are eligible for Social Security Income, Medicaid, and Food Stamps, and a variety of other benefits and services. Eligibility for many of these programs may be extended past the first seven years. However, most of these programs are time-limited. So individuals may only be able to receive benefits for periods of three months to a year, depending on the programs. Other programs may be available continuously

Some benefits programs are available only to asylees, refugees, and victims of human trafficking. Apart from administering benefits programs and providing general public benefits counseling, agencies provide English classes, employment training and placement programs, mental health programs, youth and elderly services, and referrals to other social service agencies.

Unlike most other foreign nationals who apply for lawful permanent residence, asylees need not prove that they are not likely to become a public charge. They can receive government financial benefits without harming the ability to obtain permanent residence in the US.

International Travel

Asylees can travel outside the US with refugee travel documents. It is important that he/she not return to his/her home country until he/she has become a US citizen and can travel with a US passport. If the asylee returns to his/her home country, USCIS could refuse to allow him/her to reenter the US on the grounds that he/she no longer fears persecution.

Even after obtaining legal permanent residence, asylees have to use a Refugee Travel Document to travel abroad. It is only after he/she becomes a US citizen that he will be eligible for a US passport. Asylees should also understand that until they obtain US citizenship they cannot travel back to their countries.

Getting an E2 Visa

Visas are mere entry documents and are usually issued for various categories. Basically without migrating to the US, it is buying an entry to the US. E2 visa is an Investor visa and is considered as a non immigrant visa which allows one to live and work in the US based on the investment. This in turn will help one to contribute to the economy of the US.

Qualifications for an E 2 visa:

Each visa category requires certain qualifications to be met. The qualifications required for E2 visa are as follows:

You have to be a national of a treaty country which means the country maintains the commerce and navigation with the United States for the E2 visa purposes.

• Your investment must be sufficient enough to operate the enterprise though it is on the higher side or low side.
• Your investment should be a true operating enterprise rather than passive investment which does not qualify.
• Your investment should have the capacity to generate more income and have a substantial impact in the US.
• You should have a control of funds and should bear the risk of investment.

The E 2 treaty visas generally allow bilateral agreement with the foreign nationals and the US with a substantial amount invested by the foreign nationals which will help in the development of the enterprise. The E2 visa is beneficial in many ways like:

• You can work in the US legally.

• With a valid E 2 Visa you can travel freely in and out of the US.

• By maintaining a valid E 2 visa you can stay for a long time with unlimited two year extensions.

• You can bring your spouse and children who are your dependents to stay with you in the US.

• Your spouse can apply for work by filing for an Employment Authorization Document.

The individuals having the E2 visas can also do the following:

• Substantial investment on an already existing US enterprise.

• Directing and developing the enterprise in which they have invested.

• Direct and develop investments from the treaty country.

Regardless of the nationality, the spouse and the unmarried children who are below the age of 21, will receive derivative E2 visas to accompany the principal alien. The E2 visas are generally applied at the US Consulate or the Embassy having the jurisdiction over the place of the permanent residence. Generally an interview is conducted by the embassy as a part of the application process. Individuals who are less than 13 years of age and more than 80 years of age are not required to take the interview. The E 2 visa application process varies from place to place. Before submitting the application the requirements should be reviewed.

Generally the treaty visas are issued for four to five years. These visas can be extended for an unlimited number of times depending on the investments and will be reissued for an additional five years if required. The E 2 visa treaty visa will not allow you to permanently stay in the US.