Immigration: What To Expect In 2016

On December 18, Congress passed the 2016 Federal Omnibus. Overall, there were not many surprises in the bill, except for the EB5 Investors program. The EB5 programs will be extended, without change, to 30 September 2016. So, for immigrant investors to qualify for a Green Card, the requirements remain the same: (1) The creation of jobs for 10 American workers and (2) an investment of Five Hundred Thousand to One Million Dollars.

The majority of EB5 investors are from China. That is not surprising since there are more than 1.3 billion Chinese and many of them are desperate to find a way to become US permanent residents. Less than one percent of the EB5 investors are from Vietnam, perhaps because they do not have sufficient information or reliable resources needed to evaluate the EB5 program, and also perhaps due to the difficulty in transferring the investment funds to the US banks. The small number of Vietnamese investors may also be because many people in Vietnam are not willing to risk their financial success that has been achieved with difficulty during the long period of change to a market economy in Vietnam.

RMI is actively involved in assisting potential Vietnamese EB5 investors. RMI has been chosen to represent some of the leading and most trusted Regional Centers in the US. With the advantage of almost 30 years of excellent service to the Vietnamese community, RMI is able to offer a one-of-a-kind EB5 total package that brings results and peace of mind to its clients.
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In other areas of the 2016 Federal Omnibus bill, we see:

· Some members of Congress wanted to stop the refugee programs for Syrians and Iraqi’s, but this was not included in the bill.

· The R1 Religious worker program is also extended until 30 September next year.

· The new rule for the Visa Waiver Program now makes it impossible to obtain a tourist visa for anyone who has travelled to Iraq or Syria within the past five years.

· The final decision about DAPA and DACA will be in the hands of the Supreme Court. Their ruling is expected before the end of June 2016.
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Refugees--especially Muslim refugees--are big news these days. Are they a threat? Should we ban them from our country? Can they ever integrate into American society? We've been asking these same questions about refugees for at least a hundred years.

Last week, we celebrated Christmas, the birth of Jesus Christ. Jesus, his mother Mary and his father Joseph were also refugees. They fled from Palestine to Egypt, where they received asylum. Perhaps this should remind us of our moral responsibility to help one another, and that the helper often receives as much of a benefit as the person who is helped.
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Following the San Bernardino shootings, three senior officials conducted a briefing on the K1 visa screening process. They explained that there are four separate screenings and background checks of visa applicants: one by CIS when the petition is filed, another at the time of the visa interview, a third when the person arrives in the US and a fourth when the person applies for a Green Card.

So, if there are four separate screenings, how was it possible for the female terrorist in San Bernardino to get a K1 visa and become a permanent resident? The answer is simple: there was nothing negative in her background checks. She did not do anything to get the attention of CIS or the State Department. Her record was clean.

What steps will the US government take to try to identify terrorists before they can get to the US? There will be more sharing of information with security agencies in other countries, and there may even be a check of applicants’ social media accounts.
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How do Americans feel about immigration? According to recent polls and reports,
· 83% of Americans believe people should prove they are legally in the United States before being able to receive any taxpayer benefits (driver licenses, in-state tuition, etc...).
· Half of the Americans who were questioned said that children born to illegal immigrants should not be given birthright citizenship.

· Two out of three Hispanic Americans want to increase LEGAL immigration and want tougher laws against hiring illegal immigrants, including illegal Hispanic immigrants.

Because 2016 is a Presidential election year, it will be difficult, probably impossible, for Congress to pass any kind of substantive immigration legislation. In 2016 we will see the presidential candidates arguing about immigration and about legalizing illegal aliens, but we will not see any new immigration reform laws passed by Congress.

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Q.1. What do immigration activists want from the next American president?

A.1. They hope the next president will be able to keep campaign promises. Specifically, the activists want a positive decision by the Supreme Court about DAPA and DACA, and they want a plan to integrate all illegal aliens into the US society, with a path to citizenship. So far, no candidate has offered any clear policy about how to legalize more than Eleven Million people.

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Q.2 My U.S. citizen brother is sponsoring me for a green card. My priority date likely won’t be current for many years. In the meantime, am I allowed to travel to the U.S. on my visitor visa?
A.2. It is possible to get a visitor’s visa in your case, but everything will depend on your family and economic ties to Vietnam. U.S. immigration officers at a port of entry have a great deal of discretion in determining whether or not to admit a foreign visitor.
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Q.3. How long must a person wait between visits to the U.S. on a visitor visa?

A.3. There isn't a specific rule. It is a case by case decision that the CBP officer makes at the port of entry. Typically, the recommendation is to wait at least six months abroad following a six-month stay in the U.S. Visits that are very frequent may cause CBP to think that visitor is working or conducting business in the US, so entry will be denied.

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

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