Same Old Waiver, New Dress

The brand new year 2013 brings new "clothes" to an old waiver.

Effective March 4th, 2013, a new regulation published by the Obama administration, similar with the recent DACA last year, is changing the application process of an old waiver. This, again, is not a law since it was not passed by the Congress. It is not an amnesty either. 

The same individuals that qualified for the "old" waiver, qualify for the new process. That is to say that only certain relatives of U.S. Citizens can apply for it. Also, the waiver still refer to "extreme hardship"suffered by the U.S. Citizen relative, not by the beneficiary.  What is changing is just the processing of the waiver while the beneficiary is still in United States and is aiming to considerably shorten the time the beneficiary will have to spend separated from their U.S. Citizen relatives. 

A person who enters illegally in United States (without any visa and without inspection) will not be able to obtain, under the current immigration laws, permanent residency, while in U.S., even if they are married with a U.S. Citizen or if they have U.S. Citizens children over 21 years of age. They will have to, first, leave U.S. and, their relatives to petition for them, while they would stay abroad until they receive the documents. This process might take a really long time. If the person has been illegally present in United States for less then a year, the moment they leave United States, they are barred to apply for any kind of visa for 3 years. If they have been illegally present for over a year, they are barred for 10 years. 

If a person is barred for 10 years, there is this waiver in place to ask for the forgiveness of the 10 years bar, but it requires to show "extreme hardship" suffered by the U.S. Citizen relative. Thus, the waiver cannot be used in all cases, and by anyone. The new regulation is trying to alleviate somehow the need for these exceptional cases to have the waiver processed in U.S. and have the beneficiary spend as little time as possible abroad, apart from their U.S. relatives who would otherwise be subjected to "extreme hardship". 

Immigration Reform - Economic Benefits

Two years ago, a very thorough analysis made by Dr. Raul Hinojosa-Ojeda about the economic benefits that an immigration reform would bring to the already weakened United States' economy, reveal astonishing numbers:

Comprehensive immigration reform that includes a legalization program for unauthorized immigrants would stimulate the U.S. economy. 

• Immigration reform would increase U.S. GDP by at least 0.84 percent. This would translate into at least a $1.5 trillion cumulative increase in GDP over 10 years, which includes approximately $1.2 trillion in consumption and $256 billion in investment.

• The benefits of additioComprehensive immigration reform that includes a legalization program for unauthorized immigrants would stimulate the U.S. economy. Immigration reform would increase U.S. GDP by at least 0.84 percent. This would translate into at least a $1.5 trillion cumulative increase in GDP over 10 years, which includes approximately $1.2 trillion in consumption and $256 billion in investment. The benefits of additional GDP growth would be spread broadly throughout the U.S. economy, but immigrant-heavy sectors such as textiles, electronic equipment, and construction would see particularly large increases. The higher earning power of newly legalized workers would mean increased tax revenues of $4.5-$5.4 billion in the first three years. Higher personal income would also generate increased consumer spending—enough to support 750,000–900,000 jobs in the United States. Experience shows that legalized workers open bank accounts, buy homes, and start businesses, further stimulating the U.S. economy. Comprehensive immigration reform increases all workers’ wages. The real wages of less-skilled newly legalized workers would increase by roughly $4,405 per year, while higher-skilled workers would see their income increase $6,185 per year. The wages of native-born high skill and low skill U.S. workers also increase modestly under comprehensive immigration reform because the “wage floor” rises for all workers.. Legalized workers invest more in their human capital, including education, job training, and English-language skills, making them even more productive workers and higher earners. Mass deportation is costly, lowers wages, and harms the U.S. economy. Mass deportation would reduce U.S. GDP by 1.46 percent, amounting to a cumulative $2.6 trillion loss in GDP over 10 years, not including the actual costs of deportation. The Center for American Progress has estimated that mass deportation would cost $206 billion to $230 billion over five years. Wages would rise for less-skilled native-born workers under a mass deportation scenario, but higher-skilled natives’ wages would decrease, and there would be widespread job loss. Studies from various researchers with divergent political perspectives confirm these findings. A report by the libertarian CATO Institute using a similar CGE model came to startlingly similar conclusions. CATO found that legalization would yield significant income gains for American workers and households. Legalization would boost the incomes of U.S. households by $180 billion in 2019. CATO also concluded that tighter restrictions and a reduction in less-skilled immigration would impose large costs on native-born Americans by shrinking the overall economy and lowering worker productivity. A study by the national dairy industry confirmed the essential role of immigrant labor in that sector. A loss of just 50 percent of immigrant dairy workers would lower dairy farm sales by $6.7 billion and reduce total economic output by $11.2 billion. Removing all immigrant dairy workers would cost nearly 133,000 U.S. jobs, affecting both immigrant and native-born workers. An analysis by the farm credit system in the Northeast found that an enforcement-only regime would result in jobs lost, farms closed, and farmland converted to other uses. Approximately 800 farms would be at high risk in New York alone; this would cost $700 million in lost production, 7,000 on-farm jobs, and nearly 16,000 off-farm but farm dependent jobs. A new study from the University of Southern California concludes that legalizing California’s unauthorized Latino immigrants would boost California’s economy. California’s unauthorized Latino population would have earned $29.6 billion last year if they had been legal—this is $2.2 billion more than they actually earned. This growth would spur direct consumption spending by approximately $1.75 billion, which would ripple throughout the state economy generating an additional $1.5 billion in indirect local spending. This increase would generate over 25,000 additional jobs in the state, $310 million in additional state income taxes, and $1.4 billion in additional federal income taxes. Published On: Mon, Jan 11, 2010nal GDP growth would be spread broadly throughout the U.S. economy, but immigrant-heavy sectors such as textiles, electronic equipment, and construction would see particularly large increases.

• The higher earning power of newly legalized workers would mean increased tax revenues of $4.5-$5.4 billion in the first three years.

• Higher personal income would also generate increased consumer spending—enough to support 750,000–900,000 jobs in the United States.

• Experience shows that legalized workers open bank accounts, buy homes, and start businesses, further stimulating the U.S. economy.

Comprehensive immigration reform increases all workers’ wages. 

• The real wages of less-skilled newly legalized workers would increase by roughly $4,405 per year, while higher-skilled workers would see their income increase $6,185 per year. The wages of native-born high skill and low skill U.S. workers also increase modestly under comprehensive immigration reform because the “wage floor” rises for all workers..

• Legalized workers invest more in their human capital, including education, job training, and English-language skills, making them even more productive workers and higher earners.

Mass deportation is costly, lowers wages, and harms the U.S. economy. 

• Mass deportation would reduce U.S. GDP by 1.46 percent, amounting to a cumulative $2.6 trillion loss in GDP over 10 years, not including the actual costs of deportation. The Center for American Progress has estimated that mass deportation would cost $206 billion to $230 billion over five years.

• Wages would rise for less-skilled native-born workers under a mass deportation scenario, but higher-skilled natives’ wages would decrease, and there would be widespread job loss.

Studies from various researchers with divergent political perspectives confirm these findings. 

• A report by the libertarian CATO Institute using a similar CGE model came to startlingly similar conclusions. CATO found that legalization would yield significant income gains for American workers and households. Legalization would boost the incomes of U.S. households by $180 billion in 2019. CATO also concluded that tighter restrictions and a reduction in less-skilled immigration would impose large costs on native-born Americans by shrinking the overall economy and lowering worker productivity.

• A study by the national dairy industry confirmed the essential role of immigrant labor in that sector. A loss of just 50 percent of immigrant dairy workers would lower dairy farm sales by $6.7 billion and reduce total economic output by $11.2 billion. Removing all immigrant dairy workers would cost nearly 133,000 U.S. jobs, affecting both immigrant and native-born workers.

• An analysis by the farm credit system in the Northeast found that an enforcement-only regime would result in jobs lost, farms closed, and farmland converted to other uses. Approximately 800 farms would be at high risk in New York alone; this would cost $700 million in lost production, 7,000 on-farm jobs, and nearly 16,000 off-farm but farm dependent jobs.

• A new study from the University of Southern California concludes that legalizing California’s unauthorized Latino immigrants would boost California’s economy. California’s unauthorized Latino population would have earned $29.6 billion last year if they had been legal—this is $2.2 billion more than they actually earned. This growth would spur direct consumption spending by approximately $1.75 billion, which would ripple throughout the state economy generating an additional $1.5 billion in indirect local spending. This increase would generate over 25,000 additional jobs in the state, $310 million in additional state income taxes, and $1.4 billion in additional federal income taxes.

DACA Initiative - Deferred Action for Childhood Arrivals

It means: children that were brought here illegally by their parents or their legal status has terminated before June 15, 2012, are eligible to apply for a limited time for "DACA".
"Deferred action" is a discretionary decision of the Department of Homeland Security not to pursue enforcement against a person for a specific period. In this case it's two years. After that, nothing is guaranteed. THIS IS NOT AN AMNESTY.
To be eligible to apply for DACA, an individual must demonstrate that:
1) Was under age of 31 as of June 15, 2012;
2) Came to US before reaching his/her 16th birthday;
3) Has continuously resided in the US since June 15, 2007, up to the present time;
4) Was physically present in the US on June 15, 2012, and at the time of application to USCIS;
5) Entered without inspection before June 15, 2012, or lawful immigration status expired as of June 15, 2012;
6) Is currently in school, has graduated or obtained a certificate of completion from high school, has obtained a GED, or is an honorably discharged veteran of the US Coast Guard or the US Armed Forces; and
7) Has not been convicted of a felony, a "significant misdemeanor", three or more other misdemeanors, or does not otherwise pose a threat to national security or public safety.

It is our strong opinion that no one should apply for this status before consulting with an immigration attorney for the following reasons:
1) immigration law is a highly specialized legal field, very complex, and the legal language is always subject to interpretation and only an attorney is equipped to find the right interpretation through legal research and other resources;
2) if an individual does not qualify, he/she exposes herself and even his/her family to deportation;
3) be aware of "notarios" or any other non-lawyer offering to help and promising guaranteed results, because the situation arises too often when these people have ruined lives, even when they did it with good intention.
Call us today to receive the answers you are looking for, at: (678) 615-8529.