Chúc Mừng Năm Mới

On behalf of everyone at Robert Mullins International, we would like to wish you Year of the Goat filled with good health, Prosperity and longevity.

-What immigration developments can immigrants expect in 2015? Most observers are not optimistic about substantial changes in immigration law in 2105. Aside from the Executive Actions of Mr. Obama, almost everything else will be continuously debated in Congress.
On January 13, a bipartisan group of Senators introduced the Immigration Innovation Act of 2015. The Act would dramatically raise the H-1B cap to 165,000 visas, and would provide much-needed reforms of the employment-based preference system for green cards. It would also raise the per-country cap for family-based green cards and allow the use of green card numbers that were approved by Congress in previous years but were not used. But we don’t know if this bill will be passed.

Republican Senator Marco Rubio said a comprehensive immigration plan won’t be passed by Congress because many lawmakers don’t believe the enforcement provisions would be carried out. He said, ““The only path forward that has any chance of success is to bring illegal immigration under control” first. At this point it seems like the President and the Congress are unable to agree on an immigration bill that would be acceptable to both parties in Congress.
------------------------------------------------------------------
-Will the Executive Actions ever be implemented?
Mr. Obama announced his Executive Actions in November last year, but since then there has been no word from USCIS about start dates, deadlines, new forms, new rules. New DACA applications are being accepted this month for children who entered the US before their 16th birthday and are now out of status. They must have been in the US since 01 January 2010. The January 2010 date also applies to the DAPA applicants, meaning parents of US citizens and parents of Permanent Residents. May is the start date for submission of DAPA applications.
Both DACA and DAPA provide a 3 year relief from deportation, but they do not lead to a Green Card. It is likely that CIS will not be able to complete processing of these DACA and DAPA applications until 2016.

But as of this article is being sent to the press, Federal judge Andrew Hanen has just ruled that the Obama administration must temporarily stop the Executive Actions on immigration.
The expanded DACA program was supposed to start 18 February, but is now on hold, along with the DAPA program scheduled to start in May.
The injunction by this judge means that there is a chance that in future he will decide that the Executive Actions are not proper.
Here’s what this means: Until this matter is decided in court, the Federal government can’t do anything to start DACA or DAPA.
Children who came to the US before their 16th birthday and are still under 31 years of age can still apply for the DACA under the 2012 rules if they meet the residence requirements of the 2012 rules.
The DAPA program was supposed to start in May but the government cannot take any action on that until this matter is settled in the court.
The Department of Justice can ask for a “stay”, which means that they will ask for a delay of the Judge’s injunction so that DACA and DAPA can proceed as planned. However, it may take several weeks until a “stay” can be approved by the court.
------------------------------------------------------------------
-Is a "DOMA" decision likely to be issued by the Supreme Court for same-sex marriages nationwide? At this time, same-sex couples can marry in 35 states and the District of Columbia. The rest of the states ban same-sex marriages. The Supreme Court recently agreed to hear same-sex marriage cases from four states. The Court’s final decision on marriage equality is expected by the end of June. It will apply to all states.
Outside of the United States, 17 countries have legalized same-sex marriage. In the Asia-Pacific area, only New Zealand recognizes same sex marriages. Vietnam is now allowing same-sex couples to celebrate a traditional marriage and be on the same Ho Khau, but they still cannot register a marriage officially, so the same-sex wedding celebrations in Vietnam are not valid for immigration purposes.
------------------------------------------------------------------
-Is a Comprehensive Immigration Reform the best hope for legal immigrants waiting outside the States? If the Reform is a business oriented, or a merit based reform, rather than based on family relationships, it will not benefit immigrant visa applicants waiting in Vietnam.
The best way to help waiting immigrants is to change the way visas are issued and to carry over visas that were not used in previous years. Congress could easily find ways to do this.
------------------------------------------------------------------
-Is an L-1 visa a good alternative to an H1-B visa? The L-1 visa is for managers or executives working for the branch of an American company in Vietnam. A qualifying relationship needs to exist between the U.S. business entity and foreign company located abroad. The 'qualifying relationship' means that the relationship is either one of parent, subsidiary, branch, or affiliate. An L-1 must be an intra-company transferee who worked with the company abroad for one continuous year in the last three years. Advantages of the L-1 visa are:
· There are no limits on the number of L-1 visas available each year
· A Labor Condition Application does not have to be filed with the Department of Labor
· The application for a visa can be submitted at any time of the year.
· There is no Prevailing Wage Requirement
· The L-1 visa holder’s spouse can work in the US.

------------------------------------------------------------------

Q.1. How can DACA and DAPA applicants show that they meet the requirement of being in US since 01 January 2010?
A.1. They need to build a document trail, showing residence during the past five years.
Almost anything will be considered as proof: Electricity bills, Speeding tickets, Medical records, Money order receipts, Vehicle registrations, baptism records, mortgages, postmarked letters, social media postings, movie rental receipts, and veterinarian bills.
------------------------------------------------------------------
Q.2. Does my niece qualify for DAPA because she was an international student entering the US before January 01, 2010, and out of status since 2012 when she had a baby, who is an American citizen and is 2 years old?
A.2. Your niece would probably qualify for DAPA if she has been present in the US since 01 January 2010 and has five years of total presence in the US.
------------------------------------------------------------------
Q.3. If children already have DACA, will they need to do anything to receive the third year of deferred action and work authorization provided by the Executive Actions?
A.3. USCIS is exploring means to extend previously issued two-year work authorization renewals to the new three-year period.

ROBERT MULLINS INTERNATIONAL www.rmiodp.com www.facebook.com/rmiodp
Immigration Support Services - Tham Van Di Tru

9070 Bolsa Ave., Westminster CA 92683 (714) 890-9933
779 Story Road, Ste. 70, San Jose, CA 95122 (408) 294-3888
6930 65th St. Ste. #105, Sacramento CA 95823 (916) 393-3388
Rang Mi - 47 Phung Khac Khoan, Q1, HCMC (848) 3914-7638