IMMIGRATION 2013 IN REVIEW

THE SENATE CIR: For the 11 million illegal immigrants living in the US, 2013 turned out to be a disappointing year, once again. In June 2013, the U.S. Senate passed a comprehensive immigration reform bill that called for a path to citizenship for illegal aliens, as well as enhanced border security, a guest-worker program and help for childhood arrivals who entered the country illegally as children. Unfortunately, the Senate bill hit a brick wall in the U.S. House of Representatives and it went nowhere.

DEPORTATIONS HIT NEW LOWS: Deportations during 2013 fell to the lowest level since the Mr. Obama took office. About 364,700 illegal immigrants were deported during the 2013 fiscal year, down 11% from 410,000 that the government deported in 2012. CIS says the decline in deportations comes because the administration has changed its policy about what immigrants the government should remove. However, even though the total number of deportations may be going down, it is also known that the Obama administration has deported more immigrants than any administration in U.S. history.

AMERICANS RENOUNCING U.S. CITIZENSHIP: The Treasury Department reported that 2,370 Americans renounced their citizenship or gave back their green cards during 2013. That is the highest total since 2011. In most cases, these people were trying to avoid paying US income tax. Rock legend Tina Turner gave up her U.S. citizenship. Turner, 74 years old, has lived in Europe for decades and announced her intention to become a Swiss citizen. She has no intention to return to the US.

DEPARTMENT OF HOMELAND SECURITY RECOGNIZES SAME SEX MARRIAGES FOR IMMIGRATION PURPOSES: After the Supreme Court's June 2013 decision that struck down Section 3 of the Defense of Marriage Act, Secretary of Homeland Security Janet Napolitanodirected U.S. Citizenship and Immigration Services (USCIS) to process same-sex marriage petitions in the same manner as those filed on behalf of an opposite-sex spouse.

STATES EXTENDING RIGHTS TO UNDOCUMENTED IMMIGRANTS: California has led the way with a number of immigrant integration laws, including laws protecting immigrant workers and making illegal immigrants eligible for a driver's license. In addition to California, several other states expanded access to in-state tuition to illegal alien students.

SUPREME COURT CONSIDERS THE CHILD STATUS PROTECTION ACT: On December 10, the Supreme Court heard arguments about the CSPA-F2B matter. The government attorney argued that the aged-out children should not be considered to have been “waiting in line” when they waited with their families for visas to become available. This argument disregards the family unity purpose of the CSPA when it became law in 2002. Fortunately, the justices of the Supreme Court appeared to understand the hardships that aged-out children and their families have actually suffered as the result of the years of waiting for a visa. The Court’s decision is expected in early 2014.

----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Q.1. If the Supreme Court decides in favor of the CSPA-F2B matter, will that decision be of help to all F2B petitions?
A.1. The decision will only apply to applicants who were included in an F3 or F4 petition, but were too old to qualify for CSPA when their parents immigrated to the US.

----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Q.2. When will Congress resume the discussions of immigration reform?
A.2. Probably there will not be any substantial development until mid-2014.

----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Q.3. What kind of workers would be eligible for a W Visa if it is approved by Congress?
A.3. If Congress eventually approves a W visa for lower level workers, it would be open to workers like nannies, care givers, and restaurant employees. Employers would have to obtain approval from the Department of Labor and CIS.

Employers must first advertise the position for 30 days on a Secretary of Labor website to see if any US workers are interested and qualified for the job. The W visa would be good for 3 years, renewable, and the worker’s spouse and minor children could accompany the worker.