(713) 589-2085 Call now to schedule a consultation.

6 Maneras para prepararse para la Acción Ejecutivo de Inmigración del Presidente Obama

Posted on by Ruby Powers in Immigration Law Leave a comment

6 Maneras para prepararse para la Acción Ejecutiva de Inmigración del Presidente Obama

Powers Law Group, P.C.

3 Junio 2016

El 18 de abril, la Corte Suprema escuchó los argumentos sobre el programa de Acción Diferida para Padres de Ciudadanos Estadounidenses y de Residentes Permanentes Legales (DAPA, por su acrónimo en inglés) y amplia el Programa de Acción Diferida para los Llegados en la Infancia (DACA, por su acrónimo en inglés). Anticipamos el resultado pronto. No espere al último momento para prepararse. Esto es lo que puede hacer ahora:

  1. Reúna los documentos que muestren que usted tiene un hijo o hija ciudadano o residente légale permanente.

Para DAPA, usted necesitará certificado de nacimiento de los niños ciudadanos estadounidenses o tarjeta de residencia de los niños LPR.

  1. Reúna documentos que muestren su identidad

Puede incluir su pasaporte de país de origen, un certificado de nacimiento con foto, o identificación militar con foto, o cualquier documento de inmigración con su nombre y foto.

  1. Reúna documentos que muestren su presencia en los EE.UU. continuamente desde el 2010

Sugerimos 3-4 documentos para cada año. Ejemplos incluyen recibos de pago, documentos de impuestos, contractos de alquiler, recibos de electricidad, agua, cable, y registros escolares.

  1. Reúna los antecedentes, Verificación de antecedentes de FBI, y presente una aplicación para FOIA (Ley de Libertad de Información) si usted tuvo problemas con inmigración anteriormente.

Para DAPA y DACA, usted necesitar de mostrar que no será una amenaza para la seguridad pública. Reunir estos documentos le ayudaran a un abogado a verificar que usted califica para este beneficio.  

  1. Encuentre un abogado de confianza

Obtener consejos incorrectos puede ser perjudicial. Asegúrese que usted reciba consejo de un abogado de inmigración respetable y con experiencia. Tenga cuidado con notarios y estafas comunes. Lea aquí para entender quien esta calificado para ayudar a inmigrantes con documentos.

  1. Manténgase informado

Lea más información en USCIS.gov y entérese sobre las últimas noticias sobre la Acción Ejecutiva


Why Are Some Still UnDACAmented?

Posted on by Ruby Powers in citizenship, immigration bill, Immigration Law, Processing of Applications and Petitions Leave a comment

Why Are Some Still UnDACAmented?

AdministrationChildrenDeferred ActionIntegrationStudents,Undocumented Immigration

by Patrick Taurel

7448553910_0a2bc46804_zThe latest USCIS DACA numbers from March show that the agency has received roughly 470,000 applications, which means that just under half of those estimated to be eligible have applied. While the success reflected by the 470,000 figure is not to be downplayed, the new numbers beg the question: What about the other half million? Why are they still unDACAmented?

 

It’s time to turn our attention to the rural areas and getting those young people DACAmented.

Hard data isn’t available yet, but the organizations working tirelessly to help young people apply for DACA believe that a large percentage of eligible immigrants are living in rural America, which presents them with a range of challenges. Estimates show that roughly one quarter of all DREAMers live in rural communities and that upwards of half of them need to enroll in a qualifying adult education program to become DACA-eligible. If we hone in on the migrant farmworker population — which contains about 55,000 DREAMers – over 80% would need to take steps to meet the education requirement. 

Apart from the educational hurdle, there is a substantial financial one.  Migrant farmworkers generally earn a little over $11,000 a year, making the $465 DACA filing fee cost-prohibitive. As if these obstacles weren’t enough, itinerant farmworkers are particularly hard-pressed when it comes to producing evidence of continuous residence since June 15, 2007 (a requirement of the program) and gaining access to legal services.

Anecdotal evidence bolsters these conclusions. Recently, the Florida Dream Coalition, working in conjunction with volunteer law students from the University of Miami and Florida International University, organized several DACA workshops throughout central Florida. During the workshops, immigrants described the obstacles they faced to applying for DACA.  Those living in rural communities provided consistent answers: they didn’t know about the program; they live far away from legal service providers; they fear that the government will try to deport them if they apply; they don’t meet the education requirement; and, above all, the application fee is too high. At the Gainesville DACA clinic, the Harvest of Hope Foundation, a non-profit providing migrant farmworkers with emergency and education services, pledged funds to cover the filing fees of local DACA applicants. Nearly every individual at the clinic that day needed financial assistance.

Lessons from North Carolina lend credence to the theory that there is an urban/rural divide within the applicant pool.  If you compare USCIS figures to estimates produced by the Immigration Policy Center, it turns out that about 40-50% of the eligible DREAMer population has applied for DACA.  Except in North Carolina.  In North Carolina, roughly 16,500 out of an estimated 18,000 — 90% — have applied. What explains the disparity?  Farmworker organizers report that North Carolina’s farmworker outreach network is exceptional. In which case, North Carolina may provide the model for effective DACA implementation throughout the country.

If indeed many of the remaining unDACAmented youth are in rural America, future outreach efforts must be targeted accordingly, placing appropriate emphasis on linking would-be applicants to qualifying adult education programs. It also means that the availability and accessibility of microloans and scholarships for DACA filing fees will play a make-or-break role for tens of thousands of individuals going forward.

Let’s not miss the silver-lining, however. If this hypothesis is correct, then outreach in urban areas has largely been a success. The impassioned, outspoken and social media-savvy DREAMers at organizations like United We Dream and its affiliates deserve immense credit for getting the word out about DACA.  Half a million applications in 8 months is no small feat. Now it’s time to turn our attention to the rural areas and getting those young people DACAmented.

Photo by Neighborhood Centers

 


Path to citizenship best way to reform immigration

Posted on by Ruby Powers in citizenship, Immigration Law, Immigration Trends Leave a comment

 

The Miami Herald

Path to citizenship best way to reform immigration

BY THOMAS WENSKI
Miamiarch.org

Now that the elections are over, perhaps a new bipartisan consensus can be forged to finally fix our broken immigration system.Both Democrats and Republicans can read the demographic tea leaves — in the last election the president’s perceived support for immigration reform gained for him wide support from both Hispanic and Asian voters. Lawmakers in both parties have made strong statements about “fixing” immigration in 2013.This is good news. Of course, any immigration reform legislation would need to address the legal status of the 11 million undocumented in our nation. But instead of providing this population a chance to earn their citizenship, some in Washington are suggesting that these immigrants should receive legal status but not an opportunity to become citizens.

They propose something like President Obama’s administrative action to grant “deferred departure” to the “Dreamers” — those who were brought here without legal status by their parents. In other words, these policy makers would extend protection from deportation and perhaps work authorization, but would not provide this population an earned path to citizenship.

An earned path to citizenship for the undocumented, supported by the U.S. Catholic bishops and a strong majority of the American people, does not have to mean an “amnesty”. Reasonable requirements for permanent legal status and a chance at citizenship — such as paying a fine and any back taxes still owed or learning English — would in fact be gladly embraced by these immigrants who remain in illegal status not because they want to but because legal remedies are not available to them.

A bill introduced in the last Congress by Sens. Jon Kyl, R-Ariz., and Kay Hutchinson, R-Texas, modeled somewhat after the DREAM Act would not provide a path to citizenship for young immigrants. A similar proposal from Sen. Marco Rubio of Florida never put in bill form, would have done the same thing. Both proposals essentially addressed a situation that was already partially addressed by President Obama’s deferred action last year.

And like President Obama’s measure their proposal still leaves this population in limbo — with a quasi-legal status but no chance to upgrade to citizenship.

Even President Obama has given credence to the idea of legal status but not citizenship. In his first press conference after the election, he used the term “path to legal status” to describe a potential legalization program for the 11 million. It might have been a slip of the tongue, but words matter in Washington.

While perhaps better than no status, such an arrangement risks creating in our country a permanent underclass of persons who would never enjoy the rights of U.S. citizens. The lingering social costs of another era’s Jim Crow legislation show us that this is not the way to go. A path to citizenship is the best way to ensure that immigrants integrate fully into American society by allowing their civic participation and assuring them of access to full due process rights. It is, after all, the American way.

If the administration and Congress are serious about fixing our broken immigration system, they should fix it correctly, and not create more problems. A path to citizenship for the undocumented should be the centerpiece of any immigration reform effort this year. A path to citizenship offers immigrants the opportunities and freedom that are the essential components of the American dream. Both the party of Jefferson as well as the party of Lincoln should be able to embrace that.

Thomas Wenski is Archbishop of Miami.


© 2013 Miami Herald Media Company. All Rights Reserved.
http://www.miamiherald.com

Read more here: http://www.miamiherald.com/2013/01/16/v-print/3185886/path-to-citizenship-best-way-to.html#storylink=cpy

 


Napolitano says 200K illegal immigrants have applied for deferred deportation

Posted on by Ruby Powers in Deportation, Immigration Law Leave a comment
By Jordy Yager – 10/24/12 05:15 PM ET

Homeland Security Secretary Janet Napolitano said on Wednesday that more than 3,000 young illegal immigrants are applying for deferred deportation every day under the administration’s new immigration policy.

About 200,000 young people in the country illegally have applied to defer their deportation for at least two years and get a temporary work permit since the Department of Homeland Security (DHS) began accepting applications under the new rules two months ago, according to Napolitano.

For more…..


Out of the shadows A first step to make young illegal immigrants welcome

Posted on by Ruby Powers in DREAM Act, Immigration Law, Immigration Trends Leave a comment

Aug 25th 2012 | ATLANTA AND CHICAGO | from the print edition

Economist

LISA OHMAN was brought up in Macon, Georgia, and speaks with a gentle southern accent. She graduated from Wesleyan College, a women’s university in Macon, with majors in biology and chemistry, and has just taken her medical-school entrance exams. Teresa Lee was brought up in Chicago; at the tender age of 17 she played piano with the Chicago Symphony Orchestra, and she is now working towards a doctorate in music. Yet both are illegal immigrants. Ms Ohman’s parents brought her to America from Sweden when she was ten; Ms Lee’s brought her from Brazil when she was two.

Both faced the prospect of being forced to return to the countries they were born in—their “native” countries in name only. But on August 15th they and more than 1m others like them were granted a small but welcome measure of relief. From that day, immigrants under the age of 30 without criminal records who came to America before they were 16 years old, have lived in America continuously for at least five years, are enrolled in or have graduated from school or university or have been honourably discharged from military service, were allowed to apply for “Deferred Action for Childhood Arrivals” (DACA).

DACA confers neither citizenship nor permanent-resident status. It is instead, in essence, a promise from the government not to deport an immigrant for two years. Applying costs $465, and acceptance can be renewed every two years. Successful applicants will receive a Social Security number and will be eligible to work legally. This means their wages will be taxed; but, because they are not citizens, they will not be eligible to receive the benefits that their taxes help to finance.

DACA has its roots in the Development, Relief and Education for Alien Minors (DREAM) Act, a bill first introduced in Congress 11 years ago. The DREAM Act would have conferred permanent-resident status on roughly the same set of immigrants that DACA covers. It died in committee in 2002. Four years later it passed the Senate as part of the far more expansive Comprehensive Immigration Reform Act, but died in conference. In 2010 it narrowly passed the House, but was blocked by a Republican filibuster in the Senate. Hence DACA, which Barack Obama’s homeland-security secretary delicately termed an “exercise of prosecutorial discretion”.

The right cried foul. House Republicans proposed measures to stop Mr Obama’s order from being enforced. Twenty Republican senators (including one supporter of the 2006 immigration bill and two backers of the 2001 DREAM Act) wrote to the president, accusing him of “an inappropriate use of executive power” and worrying about the effects of unleashing “an untold number of illegal immigrants” into the workforce when jobs are scarce.

In fact, many eligible immigrants are already in the workforce. Others are students. Doubtless there are some budding entrepreneurs as well: as Mitt Romney acknowledges, legal immigrants are disproportionately represented among patent applicants, and among those who start and head successful tech companies. And their numbers are not quite untold: the Obama administration estimated there were 800,000 eligible applicants, though there may be as many as 1.7m.

Not all will apply, of course. Some still worry about the risk of exposure: the DACA forms warn that applications may be denied for any reason, and the government’s decision is final. Yet the enthusiasm on display last week suggests that DACA may prove immensely popular. As Ms Lee explained at a rally in Chicago on August 15th, it is “a chance for us…to give back to the country we love and call home.”


Undocumented immigrants confront author of strict immigration laws

Posted on by Ruby Powers in DREAM Act, Immigration Law, Immigration Trends, Legislative Reform, State and Local Immigration Rules Leave a comment
Bob Miller/for NBC News

Isela Meraz and Fernando Lopez lead a group of undocumented Hispanics in protest against anti-immigration laws during a briefing on the civil rights effects of state immigration law held by the U.S. Commission on Civil Rights in Birmingham, Ala.

BIRMINGHAM, Ala. — Protesters opposed to strict state-level immigration laws confronted one of the key writers of such legislation as he testified at a U.S. Department of Justice civil rights hearing here on Friday.

Holding up small banners with the words “undocumented” on them, four self-proclaimed undocumented immigrants stood up one at a time to denounce the laws, interrupting the testimony being given by Kansas Secretary of State Kris Kobach, who helped author the measures in Alabama and Arizona.

Kobach, who advised those states before being elected to statewide office in Kansas, and others were invited to speak about the impact of such laws by the U.S. Commission on Civil Rights, an independent commission of the federal government.

But the session was interrupted by protests.

“I have received a lot of discrimination. I am Maria Huerta, undocumented and without fear. I have no fear! You have to respect our rights. They are civil rights,” the 65-year-old woman, originally from Mexico, cried out just before throwing the hearing agenda on the floor. “I leave it there. Keep it. You don’t know how to respect human suffering.”

Huerta is among a group of undocumented immigrants traveling across the country in a caravan to highlight their situation and those of others still living in the shadows. Before landing in Alabama, the ragtag caravan made stops in Colorado, New Mexico, Texas, Louisiana, Mississippi and Tennessee. Their ultimate goal is the Democratic National Convention in Charlotte, N.C., where they intend to press their concerns.

Moments before Huerta spoke, another group of five women stood up and turned their backs on the commission as Kobach began his testimony. They wore shirts that spelled out “stop hate.”

Bob Miller / for NBC News

Secretary of State Kris Kobach of Kansas addresses the commission during a briefing on civil rights effects of state immigration laws held by the U.S. Commission on Civil Rights in Birmingham, Alabama on August 17, 2012.

Emotions ran high later when protesters called Kobach, a “liar,” with Mayra Rangle, 32, telling commissioners: “It’s a shame you invited him and him,” as she pointed to those invited to speak.

After the hearing, Kobach said the protesters had the right to voice their opinions, but the interruptions were disrespectful.

“It’s inherently rude and it disrespects the American process of deliberation and careful policy making,” he said. “It’s really unfortunate when one side in a debate results to personal insults instead of bringing information and making a coherent point.”

When asked why he didn’t respond to them when challenged, he said: “I was there to respond to the panel not the protesters.”

During the protest, the civil rights commissioners argued about the presence of the demonstrators, with Commissioner Todd Gaziano, a Heritage Foundation fellow, denouncing the lack of security and Commissioner Michael Yaki, of Michael Yaki Consulting, noting the demonstrators were acting in the form of non-violent protest.

Bob Miller/for NBC News

Civil Rights commissioner Michael Yaki addresses a crowd of mostly undocumented immigrants in downtown Birmingham, Ala.

Gerardo Torres, 41, a Mexican who lives in Phoenix, said after the hearing that those who wrote the immigration laws were out of touch.

“I don’t think they have ever been in contact with regular people,” he said. “At the end of the day, I think they just go back to their gated community. … They are not in touch with reality.”


Early filing for Obama’s deferred action program smart, but filing correctly is smarter Read more: http://www.nydailynews.com/new-york/early-filing-obama-deferred-action-program-smart-filing-correctly-smarter-article-1.1135980#ixzz23c4DWUiM

Posted on by Ruby Powers in DREAM Act, Immigration Law, Immigration Trends Leave a comment
PUBLISHED: WEDNESDAY, AUGUST 15, 2012, 4:00 AM
UPDATED: WEDNESDAY, AUGUST 15, 2012, 4:00 AM

Read more: http://www.nydailynews.com/new-york/early-filing-obama-deferred-action-program-smart-filing-correctly-smarter-article-1.1135980?pgno=1#ixzz23c4ToZfG

The Obama deferred action program for undocumented youth is on. Some Dreamers want to submit their applications as soon as possible. Filing early makes sense, but it’s better to do it right than to file it early. Friday, I’ll provide more information about the process. Meanwhile, you can get more information at uscis.gov/childhoodarrivals.

If you qualify for what U.S. Citizenship and Immigration Services calls Deferred Action for Childhood Arrivals, get to work on your application. Don’t miss out on getting two-years legal status and employment authorization.

Q. I am a U.S. citizen, but my fiancé is undocumented. He came here illegally as a child. Should he apply for the Obama deferred action program? My fiancé and I are planning to get married soon. We want to get him his green card, but meanwhile we need your advice about whether he should try to get deferred action.

Orem, Utah

A. Your fiancé should get deferred action status. Doing so could make it easier for him to get permanent residence.

First, with deferred action, hell get employment authorization. If he starts working, that may help you prove that he won’t become a “public charge,” a person who needs government cash assistance.

More important, if your fiancé can get USCIS travel permission, called “advanced parole,” he will then qualify to adjust status — to interview for permanent residence in the United States. USCIS says that individuals with deferred action status can get advance parole only for humanitarian, business or educational reasons. It’s too early to tell how strict USCIS will be in applying these rules.

Finally, by working with USCIS permission, your fiancé will increase his ties to the United States. That will help if he needs to travel abroad to get him an immigrant visa. Since he has been here so long unlawfully, he’ll need a USCIS waiver, a form of forgiveness, once he leaves the United States without advanced parole. President Obama has promised that spouses of U.S. citizens needing an “unlawful presence” waiver will be able to apply for that waiver before leaving the United States. That process should be in place by the end of this year. By working, your fiancé’s improves his chances to get the waiver.

Q. Do high school students who have yet to receive their diploma qualify for Deferred Action for Childhood Arrivals? These students meet all other DACA requirements.

Name withheld, Gilroy, Calif.

A. Yes, though they must be at least age 15 to apply. If the students are not yet age 15, they may apply once they reach that age. An exception is for young people already in removal (deportation) proceedings. They qualify for deferred action before turning 15.
Read more: http://www.nydailynews.com/new-york/early-filing-obama-deferred-action-program-smart-filing-correctly-smarter-article-1.1135980#ixzz23c4McA3v


Chasing a ‘dream’: Immigrant youth seek legal status

Posted on by Ruby Powers in DREAM Act, Immigration Law, Immigration Trends Leave a comment

Article 

By Miranda Leitsinger, NBC News

Yelky Perez knows exactly where she will be at 12:01 a.m. on Wednesday: On the government’s immigration services website, scouring for the application that could let her pursue her dream career as a surgeon and stay in the U.S. legally.

Perez, who said she illegally entered the country from the Dominican Republic at 13 to reunite with her family, will join hundreds of thousands of other young adults as the Obama administration launches an initiative that will prevent deportation temporarily for those who qualify. She has already collected the documents she believes she’ll need, including debit card receipts to show she was in the U.S. the day that the policy was announced, which is one of the requirements.

“I want to make sure that my application is one of the first ones going in because, as they said, the applications will be processed in the order they are received … I want to make sure mine is one of the first ones that gets there,” said Perez, 20, with an enthusiastic chuckle.

The “deferred action” program, outlined in a government memorandum in mid-June, will give certain young illegal immigrants two-year work permits, allowing them to stay in the country and emerge from the underground economy. Some 937,000 people brought here as children might immediately qualify, according to a recent study. Another 426,000 aged 15 and under could, too, if the program remains in place. The states with the highest number of likely recipients are California, Texas, Florida, New York and Illinois.

Arizona Gov. Jan Brewer responds to President Obama’s immigration policy announcement in mid-June.

The initiative appears to be a bid on President Obama’s part to provide temporary relief to those eligible for the Dream Act, legislation aimed at those brought to the U.S. as children that has stalled in Congress. The program has been cautiously welcomed by advocates as a first step toward immigration reform, but criticized by others as an amnesty that could become permanent.

“This is the kind of thing Congress is supposed to decide and yet what the White House has done is unilaterally implement its own amnesty program,” said Mark Krikorian, executive director of the Center for Immigration Studies, a Washington think tank. “The idea that this is just a temporary halt in deportation and what not is complete baloney. These people are all going to get employment authorization documents, work cards and social security numbers, and supposedly it’s for only two years.

“… we have other temporary immigration programs and what we’ve learned from that is there is nothing as permanent as a temporary immigrant. Anybody who actually gets this program is here for good, period,” he added.

Immigrants must meet certain criteria to qualify, including: arrival in the U.S. under the age of 16; no older than 30 today and no younger than 15; currently enrolled in school, graduated high school or served in the military; have been in the country for five continuous years; and have a clean criminal record.

Courtesy of Yelky Perez.

Yelky Perez, 20, in Albany for an immigration reform rally in 2012.

At the New York Immigration Coalition, advocates have been deluged with calls from those who could potentially qualify.

“We do see this policy as a substantial step forward towards immigration reform,” said Jacqueline Esposito, the coalition’s director of immigration advocacy. “We recognize that this particular relief is limited in nature, but we believe it’s going to build momentum to more lasting reform.”

Obama administration won’t seek deportation of young illegal immigrants
Skepticism, joy among illegal immigrants over Obama decision
First Read: Obama leads big with Latinos
Immigration order poses dilemma for those eligible 

Perez, a college graduate who earns $300 for her 45-hour work weeks at an under-the-table job at a publishing firm helping to edit immigration books, hopes to resume her studies to become a surgeon. She dropped her pre-med program in college because she decided it would be too hard to practice medicine in the U.S. because of her status.

“I actually was ready to kind of just plan my life with my $300 pay a week,” she said. But the promise of deferred action has her mulling a year-long course to prepare for medical school. “Maybe I can … become a surgeon, like I wanted to do originally.”

There are risks with coming forward, however, Esposito said.

President Obama announces in mid-June that the Department of Homeland Security will no longer seek the deportation of many young illegal immigrants.

“We do advise people that deferred action is temporary … the program could be ended at any time,” she said. “It’s not a legislative solution. It’s simply an administrative reform.”

Perez speaks confidently about what she has accomplished since she coming here in 2005: She quickly learned English in New York after her arrival and graduated as valedictorian of her high school class at 16; she completed college with the highest GPA in her major of public affairs (her studies were paid for by a benefactor).

But there have also been lows, too. Though Perez said she knew she was coming illegally, she had no idea the challenges she would face: an inability to pick up mail in one’s name at the post office, how hard it can be to get paid a decent wage, and the difficulty of obtaining a government-issued identification.

She also can’t go to the Dominican Republic to see her extended family, and the fear of deportation looms constantly.

“It’s been quite an experience. I did sometimes kind of feel like, ‘Oh, why me?’ and I would get depressed and cry. I used to cry a lot. Not anymore,” she said. “I kind of really have turned to see things a little more in a positive lens … I decided I needed to stop thinking about it, just look at the things I was able to do within my limitations, which were plenty.”

Perez’s father, Julio, said he brought Yelky and her brother, now 23, to the U.S. with hopes of a better education and a better future (his oldest daughter came on a humanitarian visa; his common-law wife is also from the Dominican Republic and doesn’t have legal status, Perez said).

“I never thought it would take so long for her and that it would be such a difficult path,” said Julio, who only wanted to be identified by his first name since he is in the country illegally and fears repercussions.

He alerted his daughter to the administration’s announcement of the program on June 15.

“I think it was one of the happiest days of my life. I can die tomorrow and I can die satisfied” knowing that my decision to bring her here won’t prevent her from achieving her dreams, he said, speaking in Spanish. “For me, Yelky is everything. It was very exciting when I got that news, a joy overtook me.”

Esposito, of the immigration coalition, said that since the program doesn’t confer lawful immigration status, successful applicants can’t help their parents with their own status, making the new policy “bittersweet.”

Perez, who has married a U.S. citizen (though that won’t help her immigration status for the time being, since she entered the country illegally), said she is concerned about exposing her parents to immigration authorities in the application process.

“It’s very unclear and I am a little skeptical,” she said of the potential outing of her parents. “But I just don’t have much of a choice … this is an opportunity that I have to take advantage of now.”

NBC News’ Natalia Jimenez contributed to this report.


The Top 8 Items from Today’s DHS Announcement on Deferred Action

Posted on by Ruby Powers in DREAM Act, Immigration Law, Immigration Trends Leave a comment
The Top 8 Items from Today’s DHS Announcement on Deferred Action 
 

    1. In a change from the prior announcement, people currently in removal proceedings will use the USCIS process when it is implemented on August 15, 2012, rather than go through ICE. Only individuals in detention will go through ICE to make a deferred action request.

    1. Information provided as part of the deferred action request process is protected from disclosure to ICE or CBP for purposes of removal proceedings unless the requestor meets the criteria of USCIS’ November 2011 NTA memo.

    1. If a departure from the U.S. was due to removal, voluntary departure, etc., the absence was not brief, casual and innocent and would interupt the continuous residence that is required since June 15, 2007. Short absences before August 15, 2012, reasonably calculated to accomplish the purpose of the trip, would not be interuptive.

    1. Only people who are currently not in status and were not in any lawful status on June 15, 2012 are eligible.

    1. A “significant misdemeanor” is one for which the individual was sentenced to more than 90 days, or a conviction for domestic violence, sexual abuse, burglary, firearm violation, drug distribution or trafficking (but not possession), or DUI, regardless of the sentence.

    1. Minor traffic offenses, such as driving without a license, are not considered misdemeanors that count toward the “3 or more” standard.

    1. The Form I-765 will be required, along with another form that will be made available on August 14 or 15. Total fees, including biometics, will be $465. Fee waivers will not be available, but fee exemptions will be permitted in very limited circumstances, and must be requested and approved before submitting a deferred action application without a fee.

  1. Whether a person has reached age 15, and whether the requestor meets the education requirements, will be determined as of the date the request for deferred action is filed, NOT the June 15, 2012 date.

For complete coverage of the latest immigration updates, please visit AILA InfoNet’s Recent Postings page.


Fees, other rules clarified for new immigrant policy

Posted on by Ruby Powers in DREAM Act, Immigration Law, Immigration Trends, Legislative Reform, Processing of Applications and Petitions Leave a comment

Immigrants who came to this country as children will have to pay $465 to apply for deferred action, the so-called administrative DREAM Act, the Obama administration announced Friday.

Alejandro Mayorkas, director of U.S. Citizenship and Immigration Services, laid out guidelines ahead of the Aug. 15 launch of the new policy that allows some young immigrants who are in the country illegally to apply for two-year work permits.

The agency clarified that to apply, immigrants must have been born after June 15, 1981, arrived in the U.S. before they turned 16 and lived here continuously since June 15, 2012. They must meet certain educational requirements or be a veteran at the time they apply.

Applicants, including those in removal proceedings, will be able to apply for both parts of the program, deferred action and a work permit, Mayorkas said.

‘The biggest concerns’

Perhaps the most important part of the announcement was the administration’s assurance that USCIS won’t ship applicants’ information to U.S. Immigration and Customs Enforcementagents unless they are national security threats, lie on their applications or are “serious” criminal offenders, advocates said.

“We’re going to issue a very clear statement that information used in the (deferred action) request will not be used for enforcement purposes,” a senior administration official said in a conference call with reporters.

“I think that was one of the biggest concerns,” said Benita Veliz, 27, a graduate of St. Mary’s University in San Antonio whose deportation case was closed last year but who has not been eligible for a work permit.

“For them to be able to assure applicants for the information not being able to be used against them is very important for people to be able to take advantage of the policy.”

It had also been unclear if brief trips abroad would mean applicants violated the rule that they live in the U.S. continuously for five years, said Crystal Williams, executive director of theAmerican Immigration Lawyers Association.

“If you left the country briefly for something like a family wedding or to go to grandma’s funeral, that won’t have to go to interrupting your residence,” she said.

800,000 affected

USCIS, which is funded by fees and not taxpayer money, hasn’t started hiring staff and will do so based on demand, the administration official said.

Department of Homeland Security officials have estimated about 800,000 people will be affected by the new policy, although other groups say the number is larger.

 

jbuch@express-news.net


Facebook

YouTube

LinkedId