It takes courage for any domestic abuse victim to break the cycle of violence, but even more so for immigrants. Immigrants are often afraid of the police and government either because of corruption in their home countries or because they are afraid they could get in trouble with immigration. In the recent article Domestic Abuse Fears Grow in Immigrant Communities, the author talks about the effects the new Alabama immigration law might have on domestic abuse victims. Restrictive laws like those in Alabama and Arizona can make it even more difficult for domestic abuse victims to come forward because they are afraid they will get into trouble with immigration.

Fortunately, Minnesota doesn’t have laws like Arizona and Alabama and our police officers generally want to work with immigrant communities so they can come forward and keep themselves and our streets safe. Domestic abuse victims, even those here illegally, may be eligible for certain immigration benefits like VAWA (Violence Against Women Act) and the U-visa. If you or someone you know is in an abusive relationship or other dangerous situation encourage him or her to find resources for victims, contact the police or contact an immigration attorney. There is help.

In the past few weeks, I have met with quite a few green card holders who have accepted jobs overseas and want to know if they will lose their permanent resident status in the U.S.   Others want to make sure they will be able to apply for citizenship some day.

Maintaining Permanent Resident Status

Trips Abroad of 6 Months or Less

While most trips of less than 6 months are okay, you should not assume that you will keep your permanent resident status.  When you return to the U.S., you may have to prove to border officials that you are returning from a temporary trip abroad and did not intend to abandon your status.  This is especially true if you are working abroad.  You can prove this by showing your ties to the U.S. such as family, a home and bank accounts.

Trips Abroad of 6 Months to 1 Year

Trips abroad of 6 months to 1 year raise the presumption that you have abandoned resident status.   Border officials will question whether you are returning from a temporary trip abroad or intended to give up your resident status.  Some factors the officials will consider are whether you have a home, job, bank accounts and family in the U.S.

You may also apply for a re-entry permit before you leave the U.S.  A re-entry permit shows border officials that you intended to maintain your permanent resident status. Even with a re-entry permit, you must still prove that you are admissible to the U.S.  For example, if you commit certain crimes, you are inadmissible and will be turned away or put into removal proceedings.

Trips Abroad of More than 1 Year

If you plan on being gone for more than a year, you must apply for a reentry permit.  Again, a reentry permit does not guarantee that you will be admitted to the U.S. but it does show the border officials that you intended to maintain your permanent resident status.  Even with the travel document, it may be a good idea to have documentation to show that you did not intend to abandon your residence.

Trips Abroad of 2 or More Years

If you are going to be abroad for more than two years, you may not be able to return to the U.S. with your green card.  Instead, you may need a Returning Resident visa which will require showing that you were abroad due to circumstances outside of your control.

Preserve Permanent Resident Status for Citizenship

Many people want to ensure they can apply for citizenship, even after time spent working abroad.  In addition to maintaining residence, you should keep track of your continuous residence and physical presence in the U.S.

Continuous Residence for 5 years (or 3 if married to a U.S. citizen)

One requirement for citizenship is that you reside continuously in the U.S. for five years (or 3 years if you are married to a U.S. citizen).  Absences of less than 6 months don’t break continuous residence for citizenship purposes.   Absences of 6 months to 1 year may break continuous residence, depending on the circumstances and your proof of ties to the U.S.  Absences of 1 year or more automatically break continuous residence unless you obtain application to preserve residence.  There are exceptions for some type of employment.

Physical Presence

In order to apply for citizenship, you must be physically present in the U.S. for at least half of the 5 or 3 year period.

If you plan on traveling or working abroad for an extended period of time, you should contact an experienced immigration attorney to talk about the risks and how the law applies to your situation.

The Senate did not pass the DREAM Act this morning. 55 Senators voted yes, 41 voted no. 60 yes votes were needed for the bill to move forward.

The House voted to pass the DREAM Act this evening 216 to 198.

The Senate will vote tomorrow.  Click here to find your Senator’s phone number and urge them to vote for the bill.

Face the Truth: Racial Profiling Across America from Breakthrough on Vimeo.

The DREAM Act is meant to give a path towards legal status to the many young people who were brought to the U.S. as small children by their parents. These are children who were too young to comprehend was was happening or simply had no choice in the matter. They grew up in the United States, attended school and want to continue on to college or serve in the military. The DREAM Act will enable them to fulfill their potential and become productive, contributing members of society.

The new DREAM

On Tuesday, Senator Reid introduced a new version of the DREAM Act. The new version includes changes that may appeal to opponents who voted no in the past. Read the full text of S. 3992 .

Here is a summary of the new version, with changes indicated in bold:

One year after the Act is passed, individuals can apply for conditional non-immigrant status. In order to be eligible for the new status, individuals must meet the following requirements:

• Were under 16 when they initially entered the U.S.
• Were under 30 when the Act is passed
• Have been present in the U.S. for at least 5 years before the date the Act is passed
• Admitted to an institution of higher education or earned a high school diploma or GED
• Have not left the U.S. for a single trip of more than 90 days or multiple trips of more than 180 days
• Have good moral character since they initially entered the U.S.
• Do not have certain criminal convictions, including single crimes punishable by a maximum of more than 1 year in jail OR three or more offenses and sentenced to 90 days or more in jail
• Does not pose a threat to the security of the U.S.
• Are not likely to be dependent upon government aid
• Have not abused student visas in the past
• Have not voted unlawfully
• Have not smuggled others into the U.S.
• Have not avoided the draft
• Have not engaged in marriage fraud
• Must give biometric information (fingerprints, photos, basic personal information) so that background checks can be completed
• Must undergo a medical exam
• Have registered for selective service, if required
  
• Must pay all taxes

The conditional non-immigrant status is valid for 10 years.  During that time, individuals would be able to work and attend school.  Under current law, non-immigrants cannot petition for family members so these children cannot help parents or other relatives obtain legal status.

Individuals would be able to apply for permanent resident status (green card) after 9 years as long as they have a degree from an institution of higher education or completed at least two years of a Bacherlor’s or higher degree or served in the armed forces for at least 2 years and meet the other requirements for obtaining permanent resident status.  They must also meet the English language and civics requirements that are normally reserved for naturalization. Under current law, permanent residents may petition for their spouse and children.  Spouses and children who entered illegally generally have to return to their home country to apply for a visa.  This process is often long and complicated and provides no guarantee of approval.

Individuals would be eligible for citizenship after three years of being a permanent resident. Under current law, citizens may petition for spouses, children, parents and siblings.

Do you support the DREAM Act?

Show your support by calling your representatives and senators.  Call 866-967-6018 and you will be directed to the office of your Representative.  Use this number for your Senator: 866-996-5161.

Today is the last day to file applications before fees increase.  In order to pay the lower fee, your application must be postmarked no later than today at midnight.

Please see the USCIS website for the most current fee schedule.

It is time for Somali TPS beneficiaries to re-register for TPS.  The re-registration deadline is January 2, 2011.

If you have been convicted of a crime since the last re-registration period, you should contact an experienced immigration attorney to see if your conviction could impact your status.

TPS has been extended for Somalia from the current expiration date of March 17, 2011 through September 17, 2012.   The re-registration period has not yet been announced.

If you use Twitter, Facebook, Hi5, MySpace, a blog or other social networking sites, immigration officials may be monitoring you.

According to a Department of Homeland Security memo released today:

Narcissistic tendencies in many people fuels a need to have a large group of “friends” link to their pages and many of these people accept cyber-friends that they don’t even know. This provides an excellent vantage point for FDNS [Fraud Detection and National Security] to observe the daily life of beneficiaries and petitioners who are suspected of fraudulent activities. . . . This social networking gives FDNS an opportunity to reveal fraud by browsing these sites to see if petitioners and beneficiaries are in a valid relationship or are attempting to deceive CIS about their relationship. Once a user posts online, they create a public record and timeline of their activities. In essence, using MySpace and other like sites is akin to doing an unannounced cyber “site-visit” on a petitioners and beneficiaries.

The memo lists several sites including Facebook, Habbo, Hi5, MySpace and Windows Live Spaces, Netlog and Badoo.

“Friending” immigration

You log on to a social networking site and have a friend request from someone you don’t actually know.  You add the person as a friend.  Or, your security settings allow anyone to see your profile.   These people have instant access to your relationship status, messages that you and your friends leave for each other, photos, hobbies, interests and anything else that you put on the site.

What if your new friend or an anonymous visitor is an immigration official?   Even if you have nothing to hide, what could officials assume during a “cyber site-visit” to your social networking site?

Is this legal?

When you add someone as a friend or make your profile public, you are giving permission for those people to view your information.  It is up to you to choose the appropriate security settings and to use your judgment when adding friends and posting information to the internet.