DMV no longer issuing Driver’s Licenses & Renewals with I-131 & I-765 receipts!

It is getting more and more difficult for foreign nationals to obtain valid Driver’s Licenses in Florida. The Florida Department of Motor Vehicles (DMV) recently announced that it will no longer be issuing initial driving licenses and renewals based upon receipts of for I-131 (Advance Parole). Clients are also informing me that the same is true of I-765 receipts (Employment Authorization). The only way driver’s licenses will be issued or renewed with an I-131 or I-765 is if it is accompanied with an I-485 (Adjustment of status) receipt with a recent computer printout from the USCIS website showing that the I-485 is still pending.

THIS WEEK’S IMMIGRATION TIP:

Options available now that H-1B Work Visas for 2007 Have All Been Used!

All H-1B visas for Bachelor’s Degree positions were totally taken by May 26, 2006 and only a few thousand may still remain for U.S. Master’s Degree holders. For those in the U.S. who were hoping to obtain an H-1B work visa, this is very disappointing news. However, there are still options out there. The first is to look at other types of visas, like: Student (F-1) visas, L-1 work visas, J visas, etc. Those wishing to remain in the U.S. in order to be able to take advantage next year’s H-1B visas (Fiscal Year 2008), which begin on Oct 1, 2007 and can be applied for on April 1, 2007, really need to look at the safest route, since once you allow yourself to fall out of status, you close every option that would have otherwise been available to you. For F-1 student visas, rather than enrolling in a regular university programs, you could take a language, computer or other course of study and continue it until your H-1B starts on October 1, 2007. Another alternative is an L-1, which essentially is a transfer from a foreign company in your home country to either an existing or new office in the U.S. L-1’s are particularly beneficial in their relative ease in going the next step to obtain a Green Card. Often applicants apply for H-1B work visas, when they should have applied for L-1 visas. J Visas can be good, but also, very bad. They generally allow foreign nationals to work in exchange occupations which are in short supply in their own countries. But beware….many J programs have 2 year foreign residency requirements, which means that once you obtain a J, unless you obtain a waiver (not guaranteed-complicated process), you must leave the U.S. and remain outside in your home country for a two year period before re-entering the U.S. in many other types of statuses, including as an immigrant. So, make sure that the first question you ask a J sponsored program is whether or not there is a 2-yr foreign residency requirement.

Caution!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Asylum: My best advice is not even to consider asylum as an option unless you have a real, documentable case! If you don’t, don’t even think of applying. You will be effectively shooting yourself in the foot!! Asylum doesn’t buy time like it did in the past. The USCIS has learned to move applicants through the system rather quickly now and if you lose on a final appeal, you could even be subject to deportation. This is even worse than if you were to just remain in the U.S. past your I-94 expiration date, which is also a really, really, really disastrous thing to do.

Extension: Second, don’t apply for an extension, since even if you obtain one for six more months, you will still not be able to remain in the U.S. to wait for the new 2008 H-1B visas to begin, since they don’t start until Oct 1, 2007. Think very carefully before you do anything. The best approach, in the end, may be for you to return to your home country and re-enter around early April 2007. That way, you will usually get six months stay in the U.S. and will be able to wait the required 60 days after entry to apply for the H-1B, then still be able to remain in the U.S. until the Oct 1, 2007 start date to begin working.