Houston Immigration Attorney - Latest Immigration News

Law Offices of Adan G. Vega & Associates, PLLC - Immigration Attorneys

“WIDOW PENALTY” ABOLISHED: New Hope for Widows and Widowers

For many years widow(er)s were unfairly prevented from petitioning for Lawful Permanent Resident (LPR) status if their spouses died before they had been married for two (2) years. The “Widow Penalty” law left many widow(er)s without legal status in the United States, forcing them to return to their home countries or remain in the U.S. in unlawful status. However, effective October 28, 2009 the “Widow Penalty” has been set aside.

The new law allows for a widow(er) and his or her children to file for LPR status within two (2) years of the date of death of the U.S. citizen spouse, as long as the widow(er) has not remarried. For widow(er)s whose spouses died prior to October 28, 2009, they have until October 28, 2011 to file for adjustment of status with USCIS. USCIS will not be sending any notice to these widow(er)s that the clock is ticking against them.

In the event that a previously pending petition was closed or denied by USCIS due to the death of a U.S. citizen spouse, we can potentially revive that petition and allow the widow(er) to apply for LPR status, as long as it is filed before October 28, 2011.

If you or someone you know is potentially affected by this monumental change in the law, please contact our office at 1(888)7-ADANVEGA for more information.

Statistics

Spanish was the most frequently spoken language for immigration court case completions during FY 2009 at over 68 percent.

The Immigration Court in Houston had a 67% increase in the number of cases from FY2008 to FY2009.

In FY2009 ICE removed 387,790 people from the United States.

Nearly 71% of people removed by ICE in FY2009 were Mexican nationals.

Over 16.0% of the population in Texas is foreign born.

Texas prisons house over 25% of all immigration detainees in the U.S.

The FY2010 budget allotted Executive Office for Immigration Review (EOIR) 28 new immigration judge positions.

The Immigration Court in Houston had a 67% increase in the number of cases from FY2008 to FY2009.

In FY2009 ICE removed 387,790 people from the United States.

Nearly 71% of people removed by ICE in FY2009 were Mexican nationals.

Over 16.0% of the population in Texas is foreign born.

Texas prisons house over 25% of all immigration detainees in the U.S.

The FY2010 budget allotted Executive Office for Immigration Review (EOIR) 28 new immigration judge positions.

LATEST NEWS

General

The U.S. Citizenship and Immigration Services (USCIS) is planning to increase the filing fees for almost all the petitions by an average 10%. Naturalization application fees which will not increase.

Effective April 05, 2010, Greece was added to the Visa Waiver Program.

USCIS announced that on April 1, 2010, it centralized processing and adjudication of all new orphan (Non-Hague) petitions with the agency's specialized adoptions team in Missouri.

USCIS offers temporary assistance to Chileans affected by the February 27, 2010 earthquake.

The head of ICE denies issuance of an internal memo to field office directors to detain and deport 400,000 people in 2010.

ICE temporarily stopped deporting people to Ciudad Juarez to help slow violence, and is instead sending detainess to Laredo, Del Rio, and Eagle Pass.

Business

H-1B and H-2B visas are still available for fiscal year 2011. According to the count made on June 18, 2010 there are almost 6,000 H-2B visas available and more than 40,000 for the H-1B regular cap and 10,000 for the H-1B advanced cap.

Office of Special Counsel for Immigration-Related Unfair Employment Practices has published a guide with ten (10) steps to prevent discriminatory employment practices by employers.

The U.S. Immigration & Customs Enforcement (ICE) has issued 180 Notices of Inspection to businesses in Louisiana, Mississippi, Alabama, Arkansas, and Tennessee.

Vermont Service Center has released a new filing address for 2011 H-1B Cases subject to the annual cap.

Court

The U.S. Supreme Court held 7-2 that the failure of an attorney to inform a non-citizen client as to whether his guilty plea carries a risk of deportation is deficient legal counsel under the Sixth Amendment. ( Padilla v. Kentcuky, 03/31/10)

The First Circuit Court of Appeals found an officer entitled to qualified immunity for any possible constitutional violations that he may have committed in asking the van's passengers questions about their immigration status and in contacting ICE. ( Estrada v. State of Rhode Island, 2/4/10).

The Seventh Circuit Court of Appeals affirmed a BIA ruling that an application for retroactive relief cannot be granted when the effect would be to lift the ten-year bar. ( Gonzalez-Balderas v. Eric Holder, 3/5/10).

The Fourth Circuit Court of Appeals ruled that the BIA did not abuse its discretion in denying relief based on the statutory requirement that one must be present in the U.S. to be eligible for asylum. ( Sadhvani v. Holder, 12/31/09).