U.S. Department of State issues a travel warning for Ukraine

1) U.S. citizens to defer all non-essential travel to Ukraine during the transition period following the departure of the President from Kyiv on February 22 and while a new government is formed. 

2) U.S. citizens in Ukraine, and those considering travel to Ukraine, should evaluate their personal security situation in light of political instability and the possibility of violence, particularly in Kyiv and areas of eastern and southern Ukraine.  

3) On February 20, 2014.  On February 20, 2014, the Department of State authorized the departure of family members of U.S. government personnel from Ukraine. 

4) While the U.S. Embassy in Kyiv’s Consular Section is open for public services, the Embassy’s ability to respond to emergencies involving U.S. citizens throughout Ukraine is limited.

5) While the transition has been largely peaceful, there is still a potential for violence between supporters of different political parties, particularly in eastern Ukraine. 

6) A few areas in eastern and southern Ukraine have declared their support for President Yanukovych.  Clashes between groups and security units that support President Yanukovych and supporters of a new government have occurred in several cities, mainly in southern and eastern parts of Ukraine.  Large crowds remain in Kyiv’s Independence Square and adjacent areas.

7) Ground transportation may be disrupted throughout the country.  Since February 18, local authorities have shut down the Kyiv Metro (subway) for extended periods and cancelled inter-city trains on some routes with little or no notice.  Drivers may encounter roadblocks set up by police and other groups that restrict access on certain roads in Kyiv and other cities.  Commercial flights to and from Ukraine are currently operating normally.

For complete advisory, please follow the link above.

President Obama's announced on November 20, 2014 his Immigration Accountability Executive Action.  Since then some information clarifying the details was issued by the White House, U.S. Citizenship & Immigration Services (USCIS), U.S. Immigration & Customs Enforcement (ICE), and the Department of Labor (DOL) regarding their plans to implement the Action. Following are brief summaries of the actions most likely to impact you or someone you may know. I will be providing additional information about the implementation of these initiatives as it becomes available.  Please note that at this point you cannot apply for any of these benefits.  However, you can act proactively and meet with an immigration attorney to determine whether you are eligible to apply in the future and what documents you need to gather.

Family Unification Initiatives

The broadest initiative of the Immigration Accountability Executive Action is an expansion of deferred action. Deferred action is a discretionary determination to defer immigration enforcement action (such as deportation or initiation of deportation proceedings) against an individual for a period of time. It is a form of prosecutorial discretion that existed previously, and could be granted on a case-by-case basis. The Executive Action announced yesterday expands deferred action:

• Expansion of Deferred Action for Childhood Arrivals (DACA). DACA was originally announced on June 15, 2012 and applies to certain people who came to the United States before the age of 16, have been continuously present in the U.S. since June 15, 2007, meet certain education or military service requirements, and were under age 31 on the date it was announced. USCIS will now expand the program to include those who came to the U.S. before the age of 16 and have been continuously present in the US since January 1, 2010, and will also remove the age cap so that anyone meeting the other criteria would qualify. Additionally, approved applications for deferred action and work authorization will now be valid for three years instead of two. USCIS has indicated that it plans to begin accepting applications about 90 days from the date of the announcement. 

• Deferred Action for Parents of U.S. Citizens or Lawful Permanent Residents. The deferred action program will now also apply to individuals who have a U.S. citizen or lawful permanent resident son or daughter (of any age), have been continuously in the U.S. since before January 1, 2010, and are not enforcement priorities as laid out by Department of Homeland Security memos. This new program will be called Deferred Action for Parental Accountability (DAPA), and USCIS has indicated that it will begin accepting applications no later than 180 days from the date of the announcement. 

• Expansion of Eligibility for Provisional Unlawful Presence Waivers. Under current law, some individuals who do not have immigration status and who are the spouses and children of U.S. citizens and lawful permanent residents are not eligible to submit green card applications while in the U.S., but must leave the U.S. and apply for immigrant visas at consular offices abroad. Individuals who have been in the U.S. unlawfully for more than six months or one year and depart from the U.S. are barred from returning for three or ten years and would need to apply for waivers to be able to return earlier. Prior to 2013, individuals could not apply for these unlawful presence waivers until they were already outside of the U.S., resulting in long periods of separation from family members.
  
  In January 2013, DHS created a process that allowed spouses and children of U.S. citizens to apply for provisional unlawful presence waivers before departing the U.S., minimizing the amount of time they would be separated from family members. USCIS will revise the regulation to expand the group of people eligible to apply for provisional waivers while in the U.S. to include spouses and children of lawful permanent residents and adult children of U.S. citizens and lawful permanent residents. It will likely take several months or longer for the regulatory change to be implemented.

   

The second important part of the Executive Action deals with business- and student-related changes.  Briefly, these changes are as follows:

• revising the Visa Bulletin to reflect the actual demand for visas and creating the availability to meet this demand,

• providing for more flexibility to change jobs while waiting for permanent residence status to be approved,

• enhancing options for foreign entrepreneurs and investors,

• providing work authorization to H-4 spouses where an employment-based permanent residence petition has been approved,

• Adding programs eligible for Optional Practical Training (OPT) and extending the time period for working under OPT for STEM (Science, Technology, Engineering, Mathematics) programs graduates.

Check back regularly to stay informed of landmark decisions, Immigration Service updates, visa bulletins and processing times, as well as informative immigration articles. 

Applications accepted: 537,662
Applications approved: 400,562
Applications denied: 5,383

What is "DACA"?
It is a discretionary determination to defer removal action of an individual as an act of prosecutorial discretion.  When approved, "DACA" provides for employment authorization, if there is financial need.

Who ...is eligible to apply for "DACA"?
1. If you were under 31 years of age as of June 15, 2012;
2. Came to the U.S. before reaching 16th birthday;
3. Continuously resided in the U.S. since June 15, 2007;
4. Were present in the U.S. on June 15, 2012;
5. Entered without inspection before June 15, 2012 or lawful status expired as of June 15, 2012;
6. Currently enrolled in school, graduated from high school, obtained GED certificate, or an honorably discharged veteran of U.S. Armed Forces;
7. Have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.