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In-State Tuition Bills- S1036/S1933 & A194/A990

The proposed In-State Tuition Bills would allow all residents (legal and non-documented) of New Jersey to qualify for in-state tuition rates at public institutions of higher education.  This bill would benefit the entire State of New Jersey by allowing all students that have graduated with good grades, demonstrated good character, and attended at least three years of high school in New Jersey to pay the same tuition regardless of citizen or immigration status.

Currently, undocumented  students who are residents of New Jersey are required to pay out-of-state tuition rates, which could be up to double the resident state tuition rates.  For many the higher rate goes beyond their financial means impeding their ability to attend college.  In addition, only U.S. citizens are entitled to Federal Student Aid for college.

This bill affects those individuals who have grown up in New Jersey, have attended and graduated from New Jersey public or non-public school system, and who are residents with New Jersey roots who are committed to becoming citizens. Very often these students came to this country because their family was fleeing political, religious or economic instability, a decision made by the parents not the student.  Yet, despite the many obstacles they have faced, these students worked hard and succeeded in school. 

This bill would reward them for their hard work, initiative and desire to pursue higher education to become productive members of our communities.  When talented students in our communities are prevented from reaching their full potential, we all suffer.  However, we are also opening the door for state and federal aid to be divided among a larger population, by allowing non-documented families access to these funds.  The bills have solid arguments on both sides of the coin and should be decided shortly.  

 

Choosing an Immigration Attorney

        Many times the difference between an approval and a denial in an immigration case is the effort that the attorney makes on your behalf.  When choosing an immigration law firm, it is important to ask questions and look for the following qualities:

·         Exclusive immigration law expertise. Does the law firm practice immigration law exclusively or does it practice other areas of law in addition to immigration law? Immigration law is an extremely complex area of the law. By limiting practice to immigration law, your immigration attorney should be able to concentrate on what it does and knows best: United States immigration law. Your attorney needs to continually update his/her knowledge of United States immigration law through publications, continuing legal education, and a network of contacts throughout the immigration community.

·         Accessible immigration attorney. Will you be able to contact your lawyer easily? Does he/she speak your language?  Will you be able to speak directly to your lawyer or will you have to work with a paralegal?

·         Experience with complex and difficult immigration cases. Is the law firm prepared to handle the unexpected turns that many immigration cases can take? Does the law firm have relationships in place with U.S. Citizenship and Immigration Services,(USCIS) ICE, EOIR, the National Visa Center and the Department of Labor which will aid in representing you.  

·         Credentials.  Are the attorneys admitted to the Supreme Court of New Jersey or the State where you live?  Have they passed the State Bar Exams? What are the credentials of the paralegals which whom you will be working?

·         Clear Fee Schedules.  Is the fee quoted for the service an all inclusive fee or will there be additional charges added as the case progresses?  Does the law firm charge additional phone time fees, postage fees, communication fees, faxing or other electronic fees.  Most DNA tests fees are separate and are paid directly to the DNA testing facility. 

Immigration Status Terms Defined

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Here are some terms and definitions used by the U.S. Customs and Immigration Services to define your status as a legal resident or U.S. citizen:

Asylum status is granted to individuals who would qualify as refugees who present their applications either at the border or within the United States. This status depends on the individual's perception of the risk of returning to his or her home country.

Deportation involves the expulsion of an alien from the United States, regardless of whether the individual entered the country legally or illegally. The most common reason for deportation is criminal conviction, but other grounds may apply.

Immigration includes the entry of persons who want to become legal, permanent residents of the United States. Immigrants base their applications on family ties, employment status, and other special categories.

Naturalization and citizenship refers to the process of becoming a permanent member of the society with corresponding ties of national allegiance. Naturalization is subject to USCIS rules. Citizenship confers a higher level of rights and responsibilities on the individual.

Visas cover a wide variety of circumstances and allow nonimmigrants to enter the country on a temporary basis. Different visas give the holder different rights, so it is important to apply for the most appropriate visa form.

Changes in world events make a certain country or region of the world much more dangerous than it was in the past. U.S. immigration laws deal with these changes by granting temporary protected status (TPS) to aliens residing in the United States who are due to leave the country for unstable areas. Under the TPS provisions, the Attorney General may designate a country or region as too dangerous for individuals to return.

The area must experience at least one of three conditions prior to a grant of TPS:

  • ongoing war or armed conflict posing a threat to returning aliens,
  • natural environmental disasters making the area unable to handle the return of any aliens, or
  • other extraordinary and temporary conditions preventing safe return.

TPS is a limited status; aliens do not gain additional rights by qualifying for a longer stay under TPS conditions. Resident aliens must apply for TPS treatment even if exclusion or deportation proceedings were underway when the Attorney General chose a TPS region. The Attorney General's decision is final and not subject to review by any court. Aliens interested in availing themselves of TPS designations should seek immediate legal assistance to avoid return to an unsafe area.

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