This new initiative will give work permits and deportation deferrals to people in the US illegally and whose children are American citizens or legal permanent residents (green card holders), providing the parents have lived in the US for at least five years. Work permits will be initially granted for two years, with a possibility of an extension beyond the initial two year term.

Additionally, the new law would apply to people who have already benefited from deferred action for childhood arrivals (DACA): the age requirement for childhood arrivals will be eased from a current “under 16 years” to a new “under 18 years”; the cut-off arrival date for entering the United States will be changed to June 1, 2011 from June 1, 2007 and the requirement for a maximum age of 30 years will be eliminated.

Right away, President Obama ordered federal departments to make sure the ruling and its implications for same-sex couples are adopted efficiently. On July 1, 2013 U.S. Citizenship and Immigration Services (USCIS) pledged to review immigration applications of a same-sex couples in the same manner as those of opposite-sex spouse couples.

The fact that DOMA is no longer in effect means a great deal for our existing and prospective same-sex clients. If a same-sex couple lives in the US, a US citizen spouse is now eligible to file for a foreign spouse’s green card for same-sex couples via adjustment of status process. If a foreign national spouse is outside of the US, a US citizen has options of filing for a fiancee/fiance visa, spousal visa or a spousal green card for same-sex couples on behalf a foreign spouse.

Those newly available options sound confusing, don’t they? There is no algorithm or template that could be applied to immigration cases. Every case is unique! Some foreign national spouses might have acquired unlawful presence in the US. Some might have worked in the US without proper authorization. Some might have been arrested in the US or abroad. Unfortunately, some already applied for immigration benefits with USCIS and were denied.

That’s exactly where our expertise in family-based immigration law comes in handy! Our Ivy League-educated managing partner Anna Valentini has been exclusively practicing immigration law, focusing on family-based cases, since 2006. DOMA was repealed only a week ago, but we’ve already been consulted and retained by many seeking green cards for same sex couples all across the US. You could benefit from our expertise by contacting Immigration Lawyer for Same Sex Couples for a confidential case evaluation and consultation.

Still confused about green cards available to same-sex couples? Turn to Frequently Asked Questions or FAQ on Immigration Options for Same Sex Couples for clarifications.

On a bright side, it is possible for the immigration bill otherwise known as immigration amnesty to get about 60 votes from the 100-member Senate. We at Valentini Law Offices are very optimistic that this time around the immigration reform bill pass!

Who would be eligible for immigration reform benefits once it passes?

1) An individual must be in unlawful status in the US.

2) Residence in the US before December 31, 2011 and maintenance of continuous physical presence since then.

3) Payment of a $500 penalty fee (waived for DREAMers) and assessed taxes.

Those eligible will obtain Registered Provisional Immigrant Status. What are going to be the rights or individuals in Registered Provisional Immigrant Status?

1) They could petition for their spouses and children but those beneficiaries must be in the US;

2) They can work for any employer and travel outside of the United States.

Registered Provisional Immigrant Status status will be for 6 years.It could be renewed if the immigrant does not commit any acts that would render the alien deportable. After 10 years (5 years for DREAMers), individuals in Registered Provisional Immigrant status may adjust to Lawful Permanent Resident Status (green card) if they:

1) Maintained continuous physical presence in the US;

2) Paid all taxes owed during the period that they are in Registered Provisional Immigrant status;

3) Worked in the US regularly;

4) Demonstrated knowledge of Civics and English.

Who won’t be eligible?

1) Individuals convicted of an aggravated felony;

2) Individuals convicted of a felony;

3) Individuals convicted of 3 or more misdemeanors;

4) Individuals convicted of an offense under foreign law;

5) Individuals who have unlawfully voted;

6) Individuals inadmissible for criminal, national security, public health, or other morality grounds.

This is one of the most commonly asked questions from our Deferred Action clients. It all depends on a state. Sadly, Nebraska and Arizona are both set on denying driver’s licenses to Deferred Action beneficiaries. On a bright side, so far these are the only states that are expressly denying this privilege.

Some States Indicated They Would Issue Driver’s Licenses to Deferred Action (DACA) Beneficiaries.

It is our hope that more states would follow California’s suit. California, a state with the largest population of potential Deferred Action applicants, took an admirable and a straightforward stance on the issue. Once an individual gets Deferred Action, they also become eligible for driver’s license in California. In addition to California, Texas, Georgia and North Carolina have all indicated that they would issue driver’s licenses to Deferred Action (DACA) beneficiaries. In NY and NJ, driver’s license applicants who present a work permit, SSN and are in possession of other documents required by a 6 point system should be approved.

Many Advantages to Deferred Action Policy.

An ability to get driver’s license is one of the many advantages of Deferred Action (DACA) policy. Under this program, eligible individuals are able to obtain work permits and SSN numbers. And, US government would stop removal proceedings of eligible individuals. Educate yourself on Deferred Action (DACA) requirements and Deferred Action FAQs available in both English and Spanish.

Deferred Action (DACA) application period only opened a week ago, but we’ve already filed many DACA applications for our clients. By filing so many different and complex Deferred Action applications, we at Valentini Law Offices are developing unique hands-on insight and expertise in this new policy. You could benefit from our expertise by contacting Deferred Action Lawyer for a confidential case evaluation and consultation in Spanish or English. When coming in or calling in for a consultation, please make sure to bring your passport and, if available, an I-94 (otherwise known as “white card”) and school and immunization records.

To become eligible for deferred action for youth and prosecutorial discretion for youth, illegal aliens have to show that they:

1. Arrived in the United States when they were under the age of 16;

2. Have continuously resided in the United States for at least five years prior to June 15, 2012, and were present in the United States on June 15, 2012;

3. Are currently in school, have graduated from high school, have obtained a general education development (GED) certificate, or are honorably discharged veterans of the U.S. Coast Guard or the U.S. Armed Forces;

4. Have not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanors, or otherwise pose a threat to national security or public safety; and

5. Are not above the age of 30.

DHS has a firm deadline of August 14, 2012 to establish an application process for deferred action. Eligible aliens are advised to contact Deferred Action Lawyer as soon as possible to discuss their Deferred Action and work authorization (work permit) applications.

Now that both quotas have been reached, qualified applicants have to wait for FY 2014 H-1B visa quota to open up on April 1, 2013.  It is certain that FY2014 H-1B visa quota would only stay open for a very short period.   Acting fast and applying  as early in the “H-1B visa season” as possible is crucial.  As the saying goes, an early bird catches the warmth!  Eligible aliens and their employers are advised to contact H-1B visa lawyer no later than March 1, 2013 to meet FY2014 H-1B visa quota!

Is there any hope for employers not willing to wait until April 1, 2013 to file H-1B applications? Absolutely! Not all petitioning employers are subject to H-1B caps. Examples of these employers are: institutions of higher education, nonprofit entities related to or affiliated with institutions of higher education, nonprofit research organizations and governmental research organizations. Additionally, petitions filed on behalf of current H-1B workers who have been counted previously against the H-1B cap are not subject to subsequent caps.

Therefore, while FY2013 H-1B quota is closed, USCIS continues to accept H-1B petitions filed to extend the amount of time a current H-1B worker may remain in the US; change the terms of employment for current H-1B workers; allow current H-1B workers to change employers; or allow current H-1B workers to work concurrently in a second H-1B job.