How is my immigration case affected by the federal government shutdown?

I was about to write a post on this topic, then saw this article that pretty much sums it up:
http://immigrationimpact.com/2013/09/30/how-a-government-shutdown-likely-affects-immigration-agencies/
And then this one: http://abcnews.go.com/ABC_Univision/Politics/heres-shutdown-affects-immigration-services/story?id=20431892

Let's leave those articles to the pros, but in short, those with applications with USCIS should not be directly affected since USCIS is funded primarily by application fees. All USCIS offices are currently open and operating as normal.  http://www.uscis.gov/

Visas processed through the Department of State (at consulates) should also continue to be processed.  http://www.state.gov/m/rls/2013/214880.htm

Those in removal proceedings will have their court dates rescheduled unless they are detained. Detained court dates will continue to take place. http://www.justice.gov/eoir/ICstatus.htm

Don't think that the federal government shut down is a good time to meander across the border without documents-Customs and Border Protection, and ICE are all still fully operational.

...And we're back!

Wow, where has the time gone? One-third of 2013 has already gone by and this blog has unfortunately been very neglected, but it doesn't mean I haven't been keeping you all in mind. Here's a mishmash of updates to get you caught up on the going ons of Jennifer Chang Law (namely me- Jennifer Chang).

Got Financial Aid?
Waaaaaay back in January, I volunteered with Cash for College at two FAFSA events- one at Fremont High School in Sunnyvale, and one at Gunderson High School in San Jose. I helped high school seniors fill out the Free Application for Federal Student Aid. At the time, unfortunately the California Dream Act application, which grants undocumented students financial aid for higher education, was not yet available online (bummer!). But through Cash for College, everyone who attended one of the Financial Aid workshops was entered to win a $1000 scholarship for college, meaning each location had a $1000 winner!

My most memorable moment- a student asking me if he should check "single" or "married" on his application since he wasn't single, but wasn't married. He concluded that he should just check "married"... luckily he sought help and was informed that he is legally "single" (much to his girlfriend's chagrin, I'm sure).

Note: This photo is a dramatization, no minors were hurt in the shooting of this photo.

CLE
Also in January, I taught my very first CLE course! As a lawyer, we're required to complete a certain amount of Continuing Legal Education every three years, just to keep our knowledge current. I taught my very first course to a group of colleagues on the topic of the AILA website. AILA (American Immigration Lawyer's Association) is the immigration organization- basically all immigration attorneys are members, and their website is a great resource on immigration, but it's organization is a bit confusing. My hour-long course helped get my colleagues acquainted with the website and all the resources AILA has to offer!

Naturalization Clinic
At the end of February, I volunteered my attorney services at a naturalization clinic in San Jose. This clinic was targeted at Legal Permanent Residents who were applying for citizenship and either were receiving public benefits or where otherwise considered "low-income".  I thought it'd be similar to some of the DACA (Deferred Action) clinics that I've volunteered at- maybe 50 people in attendance? I was no at all prepared for what I saw. They had hundreds of people filling a very large, almost supermarket-sized room. I arrived a bit late, but once I got there I was thrown into the mix reviewing completed applications. While the workshop started at 4pm, there were people who were lined up before noon! And it paid off, because there were so many people to help, they had to shoo us out at almost 9pm, when it was scheduled to end at 8pm!

Nicaragua
I just spent my Spring Break in Nicaragua! It was an eye-opening experience that shed light on a different perspective of immigration in the U.S. Stay tuned for a post dedicated to this trip- it was too enlightening to hide in a post with so many updates!

That's it for now... Stay tuned for more regular updates. There are multiple posts already floating in my head!

Unlawful Presence Waivers

USCIS published its final version of a much anticipated new rule that will allow certain immediate family members of U.S. citizens who are physically present in the United States to apply for a waiver to waive their unlawful presence PRIOR to their departure to their home country for a visa interview. This will cut down the length of time that an applicant for legal permanent resident status is outside of the United States.

Under the current process, people applying for legal permanent resident status who have been living in the U.S. for more than 6 months without legal status must apply for a waiver to waive their "unlawful presensce". At the moment, an application for a waiver can only be submitted after a person has returned to their home country for their visa interview, and completed their interview. At this point, reviewing an application for a waiver can take several months, and force U.S. citizens to be seperated from their family members for long periods of time. Under this new process, an applicant can apply for a waiver PRIOR to departing the U.S. for their visa interview, and if there are no other grounds of inadmissibility, the visa can be approved immediately.

Please keep in mind that this new rule only allows you to apply for a waiver of unlawful presence, and not for any other reasons of inadmissibility. For the other grounds of inadmissibility, you will still have to proceed under the current rule and submit a waiver application AFTER your visa interview. The new rule takes effect March 4, 2013, and is anticipated to remove a roadblock for many immediate family members who are eligible to adjust status.

Here's a summary of the new rule:

SUMMARY: On April 2, 2012, U.S. Citizenship and Immigration Services (USCIS) published a proposed rule to amend its regulations to allow certain immediate relatives of U.S. citizens who are physically present in the United States to request provisional unlawful presence waivers prior to departing from the United States for consular processing of their immigrant visa applications. This final rule implements the provisional unlawful presence waiver process. It also finalizes clarifying amendments to other provisions within our regulations. The Department of Homeland Security (DHS) anticipates that these changes will significantly reduce the length of time U.S. citizens are separated from their immediate relatives who engage in consular processing abroad. DHS also believes that this new process will reduce the degree of interchange between the U.S. Department of State (DOS) and USCIS and create greater efficiencies for both the U.S. Government and most provisional unlawful presence waiver applicants.

DHS reminds the public that the filing or approval of a provisional unlawful presence waiver application will not: Confer any legal status, protect against the accrual of additional periods of unlawful presence, authorize an alien to enter the United States without securing a visa or other appropriate entry document, convey any interim benefits (e.g., employment authorization, parole, or advance parole), or protect an alien from being placed in removal proceedings or removed from the United States in accordance with current DHS policies governing initiation of removal proceedings and the use of prosecutorial discretion.

DATES: This final rule is effective March 4, 2013.

For the full text published in today's Federal Register, visit here: http://www.gpo.gov/fdsys/pkg/FR-2013-01-03/pdf/2012-31268.pdf