Popescu, Iosepovici & Associates: Important Information Regarding Our Present Immigration Laws

Now that the reforming of our immigration law debate continues behind "closed doors", those immigrants eagerly awaiting a chance to legalize their status in the United States remain hopeful that Congress will "see the light" and change our immigration laws in a reasonable and humane manner. We must all hope that President Bush will continue to forcefully remind members of his political party that a real and comprehensive immigration reform is not only good for immigrants, but is also an effective economic and security policy for the United States of America.

As the immigration law debate continues in Congress, the members of Popescu, Iosepovici & Associates have "kept their eyes open" regarding several developments in the interpretation of our existing immigration laws, regulations and procedures. Three (3) such issues are worthy of mention:

1. Affidavit of Support:
The Immigration Service has changed both the Affidavit of Support form, as well as its interpretation of how a sponsor can prove his/her ability to provide the necessary financial support. The Immigration Service also amended the nature and type of the evidence which must be submitted with the Affidavit of Support, as proof of the sponsor's ability to meet his financial obligations. Overall, these changes are considered pro-immigrant, as they tend to make it easier for a sponsor to show an ability to meet the financial requirements in the Affidavit of Support.

2. Company's ability to prove its ability to pay an alien's salary in an Immigrant Worker Petition:
The firm's appeal of an Immigration Service denial of an Immigrant Worker Petition (I-140) based on the company's inability to pay the alien's income was approved by the Immigration Service's Administrative Appeals Unit (AAU). Essentially, our logical and unique presentation stated that the company's legitimate job offer to the alien; the company's long standing existence in business; and, the company's owners' relatively high salaries should lead to the reasonable conclusion that the alien would be paid the mandated salary, notwithstanding the fact that the company's operating income (i.e. after expenses) was slightly lower than the alien's required salary amount. As a result, the AAU agreed with the firm's position and reversed the Immigration Service's denial of the I-140 Petition. Therefore, the applicant will now be able to seek Adjustment of Status. (i.e. Green Card)

3. Specialization of the processing of immigration applications at the four Service Centers:
As many individuals know, immigration applications previously filed by individuals residing in New York were generally filed with the Vermont Service Center or the New York District Office. This is no longer the case. While New York family-based (e.g. marriage) Adjustment of Status applications have long been filed at the Immigration Service's filing location in Chicago, Illinois, the Immigration Service's desire to "specialize" its Service Centers has significantly altered the filing locations of many other petitions. Simply, the Immigration Service would like to have the immigration officers in each of the four Service Centers (Vermont, Nebraska, Texas and California) become "specialists" in the petitions filed in each respective office. For example, the Nebraska and Texas Service Centers were designated as the offices who will "specialize" in employment-based Adjustment of Status applications. Therefore, beginning July 24, 2006 all employment-based Adjustment of Status applications should be filed at the Nebraska Service Center. (The Texas Service Center will receive its share of these applications directly from the Nebraska Service Center.) Needless to say, changes pertaining to the filing locations of other immigration petitions were announced, as well.

Thus, while all of us eagerly await a positive reform to our current immigration laws, the members of Popescu, Iosepovici & Associates remain committed to provide the Romanian community with relevant and important information as to recent changes, and interpretations of our existing immigration laws.

We wish you a peaceful and safe summer months.
Robert Popescu, Esq. Zamir Iosepovici, Esq. Madalina Andrei, Esq.

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