Blog

On November 20, 2014, President Barack Obama announced an Executive Action plan to overhaul and attempt to reform the broken U.S. immigration system. His plans include:

Extending the validity period on Deferred Action for Childhood Arrivals (DACA) applications from two years to three years

Announcing a new plan called Deferred Action for Parental Accountability (DAPA). Under DAPA, undocumented parents of American citizens or permanent residents (green card holders) residing in the U.S. since January 1, 2010 may not be deported and may be granted work authorization.

Obama also announced plans to help STEM students, business owners, foreign entrepreneurs, and high skilled workers. This includes:

Allocate immigrant visas (green cards) to ensure that all visas are timely issued to eligible applicants when there is sufficient demand for such visas
Make the Visa Bulletin more comprehensive and easier to understand
Clarify a non-immigrant work visa holder’s ability to port and transfer jobs with a pending adjustment of status applications
Clarify the National Interest Waiver standard for foreign investors, researchers and start-up enterprises to benefit the U.S. economy
Grant Advance Parole to eligible investors, researchers and start-up founders who have been awarded substantial U.S. investor funding or who hold the promise of innovation and job creation through the development of new technologies or the pursuit of cutting-edge research
Grant work authorization to the spouses of certain H-1B visa holders with pending adjustment of status applications
Expand the use of optional practical training (OPT) for foreign F-1 or M-1 students
Clarify the meaning of “specialized knowledge” under the L-1 Visa
Allow naturalization applicants to use credit cards to pay the application fee

Read more about Obama’s Immigration Reform Executive Action.

Effective November 12, 2014, the United States will begin issuing multiple-entry visitor visas up to ten (10) years for citizens of the People’s Republic of China. These visas would allow Chinese citizens to enter the United States temporarily for business (B-1) or pleasure (B-2). Chinese citizen students and exchange visitors may also be issued multiple-entry F-1, M-1, or J-1 visas that are valid for up to five years or the length of their program.

Learn more about the B-1 and B-2 visitor visa.

Read more about how the U.S. and China have reciprocally extended visas for short-term business travelers, students and tourists.

In October 2014, the USCIS implemented a new policy that essentially expanded the definition of “mother” and “parent” under the Immigration and Nationality Act (INA). The term “mother” or “parent” now includes anybody who: “Gave birth to the child, and was the child’s legal mother at the time of birth under the law of the relevant jurisdiction.”

The USCIS provided an example of a woman who conceived through an egg donor being eligible to petition that child for U.S. citizenship or residency by virtue of that relationship. Basically, any woman who gives birth despite the absence of a genetic relationship to the child (i.e., share no DNA) can still petition that child for citizenship or residency.

This policy change opens the doors to many issues including the possibility of “selling” U.S. citizenship. For example, a U.S. citizen woman can act as a surrogate mother by carrying the fertilized egg of a Chinese couple. Once born, the baby would be entitled to U.S. citizenship or residency through the U.S. citizen who gave birth to him.

Apply for a Social Security Number

If you were previously on a work visa or issued Employment Authorization, you may have already been assigned a Social Security Number (SSN). If not, go to http://www.ssa.gov/ssnumber/ and order a Social Security Card. This nine-digit number will serve many purposes, including the ability to work, open a bank account, apply for credit or loans, obtain insurance, or pay taxes.

Open a Bank Account

Many U.S. banks do not allow individuals without a green card or SSN to open a bank account. If you have not be able to open an account before, you should do so right away.

Apply for a Credit Card

America is built on credit. Without a green card or a SSN, it is difficult to apply for a U.S. credit card because creditors want to see that you have a solid credit history. U.S. creditors determine your creditworthiness based on your FICO score, which in turn is based on the credit scores from the three major credit reporting agencies: Equifax, Experian and TransUnion. Build a good credit history is the key to improving your credit score – which will benefit you in many ways down the road. This includes the ability to qualify for a mortgage, line of credit, renting an apartment, and even a cell phone plan.

Apply for a State Driver’s License

Depending on your state’s laws, you may have to register your vehicle and apply for a driver’s license within a certain period of time of establishing residency. Contact your state’s Department of Motor Vehicles (DMV) about applying for a driver’s license. A list of links to all 50 states’ DMV websites can be found at: http://www.dmv-department-of-motor-vehicles.com.

Get Health Insurance

Under the Affordable Care Act, also dubbed “ObamaCare,” you will be required to have health insurance, subject to a possible monetary penalty. If you are working for a U.S. employer that provides health coverage, or if you are a spouse of someone who has coverage, then you may not need coverage. If you do not have coverage, you should start doing research into purchasing a health plan at https://www.healthcare.gov.

Pay Your Taxes!

Now that you are a permanent resident, you are required to report all worldwide income to the IRS. You may also have to file income taxes with your state of residency.

When sponsoring an immediate relative – such as a spouse, parent, child or sibling – for U.S. permanent residency, the U.S. citizen or permanent resident sponsor must prove that he/she has the financial ability to support the relative if the green card is approved. This is usually done by having the petitioner submit federal tax returns, W-2 forms, or 1099 forms for the previous three years, as well as recent pay stubs.

If the petitioner does not meet the income requirement necessary to sponsor the relative, a joint sponsor who does meet the income requirement can be used in his/her place. The joint sponsor does not have to be related to the petitioner or the beneficiary, although the joint sponsor must be a U.S. citizen or permanent resident.

What obligations do a sponsor or joint sponsor have towards the beneficiary?

In sponsoring a beneficiary for a green card, the petitioner or joint sponsor is essentially signing a contract agreeing to provide the beneficiary with any support necessary to maintain him/her an income level that is at least 125% of the Federal Poverty Guidelines. This means that the sponsor agrees to make available his/her income and assets to the beneficiary in determining whether he/she is eligible for certain federal, state or local “means-tested public benefits.”

These may include: food stamps, Supplemental Security Income, Medicaid, Temporary Assistance of Needy Families, or State Child Health Insurance Program. Means-tested public benefits do not include: emergency Medicaid, school lunches, immunizations for communicable diseases, student assistances, foster care or adoption assistance, job training programs, Head Start, or short-term, non-cash emergency relief. By agreeing to sponsor a beneficiary, the petitioner agrees to reimburse any federal, state or local agency for any public benefits that the beneficiary receives after becoming a permanent resident.

How long does the obligation last?

This obligation will continue until the beneficiary: 1) becomes a U.S. citizen; 2) has worked or is credited with forty quarters of coverage under the Social Security Act (e.g. – working full-time for ten years); 3) no longer has lawful permanent status (e.g. – reliquinsh or abandon green card); 4) becomes subject to removal and obtains a new basis for adjusting status; 5) dies; or 6) the petitioner/joint sponsor dies. It is important to note that divorce does not terminate a sponsor or joint sponsor’s obligations.

Conclusion

Before agreeing to sponsor a foreign relative for a green card, it is important for the petitioner to understand exactly what his/her obligations are. While almost all of us will do anything for a loved one, the obligation is a longstanding one – and one that may hit you financially down the road if the beneficiary does become a public charge.