OC Immigration Attorney

This is the question many undocumented young people are asking as the August 15th start date for the Deferred Action for Childhood Arrivals (DACA) process nears. Many people, including fellow attorneys, believe immigration law is simply filling out forms. Why would anyone hire an attorney to fill out forms?

Immigration law is not just filling out forms. It’s more akin to tax law in that it is based on regulations, statutes and ever-changing interpretations by government agencies. There are many pitfalls when filing the forms with the government. If an application or petition includes certain information, it can raise a red flag and start in motion the process of removal and court proceedings. Each question on any immigration form is included for a reason. Answering incorrectly can have substantial consequences for the applicant or applicant’s family members. From my experience, USCIS rarely regards incorrect information provided on a form as merely an error.

Many beneficiaries of DACA (Deferred Action for Childhood Arrivals) will be able to fill out the forms, which are admittedly straightforward; however, there exists a broader context to the DACA process. For example, the forms, when released on August 15th, will likely ask for certain information about family members as well. Issues of confidentiality and potential deportation risks to those family members should be considered in depth.

I cannot tell you how many times I have met with people who either began the immigration process (245i adjustment, marriage-based adjustment of status, consular processing, I-601 waiver) on their own or had a family friend help them. They filed the wrong forms or included incorrect information or suddenly were facing deportation in immigration court. The cost to hire an attorney at the outset, or at least consult with an attorney before moving forward, would have been nominal, but the costs to extricate the person from the situation afterwards, was thousands of dollars.

When you hire an experienced immigration attorney, you are buying peace of mind. You know you have someone on your side that understands the pitfalls and knows how to avoid them. While you will undoubtedly pay less to fill out the forms yourself or hire a notario to file your DACA case, sometimes the cheap gets expensive.

At The Nunez Firm, we will be filing DACA cases later this month. We intend to charge a reasonable flat rate attorney fee that is affordable and fairly compensates us for the time spent preparing the case. We are offering free consultations to help potential DACA beneficiaries better understand the process and how we can help. Managing attorney Jay Nunez will personally meet with you and answer your questions regarding the exciting new changes that are coming about in immigration law.

Washington D.C. – Today, U.S. Citizenship and Immigration Services (USCIS) released important details about the Deferred Action for Childhood Arrivals (DACA) process, which will temporarily allow some eligible youth to go to school and work without fear of deportation.

The IPC estimates that roughly 936,930 undocumented youth between the ages of 15 and 30 might immediately qualify to apply for the new program. The new report breaks down the deferred action-eligible population by nationality and age at the national and state level, as well as by congressional district.

Because potential applicants reside in all states and every congressional district, today’s announcement clarifying the application process sets the stage for an intense period of preparation around the country, as communities wait for the request form to be released on August 15. The DACA program is designed for young people who are under the age of 31; entered the United States before age 16; have resided in the country for at least five years as of June 15, 2012; have not been convicted of a felony, a “significant” misdemeanor, or three other misdemeanors; and are currently in school, graduated from high school, earned a GED, or served in the military.

Among the key points shared by USCIS:

• A new form will be available on August 15. All DACA requests will require payment of the standard $85 biometric fee, but no additional fee will be charged. Persons who wish to receive work authorization must pay, with limited exemptions, the current employment authorization document fee of $365.

• Information provided on the form will be kept confidential, including information relating to applicants’ family members or legal guardians, meaning it will not be used for immigration enforcement proceedings, unless the applicant meets current USCIS criteria for referral to Immigration and Customs Enforcement or issuance of a Notice to Appear (NTA) in immigration court.

• DHS will deem “significant” any misdemeanor, regardless of the sentence imposed, involving burglary, domestic violence, sexual abuse or exploitation, unlawful possession of firearms, driving under the influence, or drug distribution or trafficking. In addition, DHS will deem significant any other misdemeanor for which an applicant was sentenced to more than 90 days in jail, not including suspended sentences and time held pursuant to immigration detention.  Minor traffic offenses and convictions for immigration-related offenses classified as felonies or misdemeanors by state laws (e.g. Arizona SB 1070) will not be considered.

Most of the potential beneficiaries of deferred action live in large immigrant-receiving states like California and Texas, but many also reside in North Carolina, Georgia, Colorado, and Washington State, and nearly every state has a significant DREAMer population. Also, while nearly 70 percent of potential beneficiaries are from Mexico, there are significant populations from Central America, South America, the Caribbean, and Asia. In some states, such as Virginia, the population is quite diverse, with no single dominant nationality.

Knowing who the potential beneficiaries are and where they live will be critical as USCIS initiates this new program. Using this data, USCIS, as well as advocates offering assistance, can locate pockets of potential beneficiaries who may be living in geographic areas that are underserved or who may require information in languages that were unanticipated.

The Nunez Firm will begin preparing DACA cases immediately. If you are interested in scheduling a consultation, contact us. Managing attorney Jay Nunez will personally meet with you to help you better understand the DACA process and whether you are a likely beneficiary of the program.

Democrats on Capitol Hill urged the government to recognize binational same-sex relationships in deportation cases.

In a letter sent to the Department of Homeland Security, Minority Leader Nancy Pelosi (D-Calif.) and 83 Democratic members of Congress pushed the Obama administration and DHS Secretary Janet Napolitano to recognize in writing “the ties of a same-sex partner or spouse as a positive factor for discretionary relief in immigration enforcement deportation cases.”

It was the second attempt by congressional Democrats since September 2011 to persuade the Obama administration to make official what they promised last August: that gay couples would be given the same protections as straight couples in deportation cases.

“Keeping loving families together, particularly in cases in which one partner or spouse is a U.S. citizen, should be a priority for immigration enforcement,” Pelosi said in a statement. “The Department of Homeland Security has stated that their policy will positively factor in family ties, including those of LGBT couples, but we have now asked them to put this in writing to provide a measure of clarity to those enforcing our laws and confidence to families facing separation.”

Under the Defense of Marriage Act, immigrants in relationships with Americans of the same-sex are denied various protections, including eligibility for green cards, because the federal government does not recognize their relationship.

Whether it was progressive policymaking or a shrewd political move, President Barack Obama’s announcement to stop deportations for some undocumented immigrants in June was hailed as victory by immigrant rights activists. Since the 2001 introduction of the federal “DREAM Act” bill, which would grant higher education and a path to citizenship for undocumented youth, many of these youth have organized one of the strongest online and offline movements in American history. They staged sit-ins in June at Obama campaign offices around the country, putting additional pressure on the Administration and later resulted in Obama’s deferred action announcement.

This month, the Department of Homeland Security will release additional details on how to apply for the deferred action program. What we know so far is that applications will be considered on a case-by-case basis for those who meet specific criteria, such as completing education or military service, meeting a certain number of years of U.S. residency, reaching a certain age, and having a clean criminal record. Those who are granted deferred action get a guarantee that they will not be deported for two years, with an option to extend that period.

Regardless of this promise, many eligible undocumented youth still remain in danger of eventual deportation. For instance, Daniela Pelaez, a high school valedictorian from Florida, found out that she may still be deported as she prepares for her freshman year at Dartmouth College this fall, with immigration authorities promising only to hold off for two years before initiating deportation proceedings again.

The feeling that deferred action is only temporary has caused frustration among immigrant rights advocates and undocumented immigrant communities, who continue to be on alert.

Deferred action serves as only a temporary solution to our nation’s problem of undocumented immigration. Immigrant youth hesitate to apply for fear that if Obama is not re-elected, they may fall to the whims of Mitt Romney, who has vowed to veto the DREAM Act should it ever reach his desk as president.

“As it [deferred action] is a policy change, a new administration could simply reverse the policy,” Uy said. “Further, there is no guarantee as to what will happen to the families of eligible students, as the guidance does not contemplate what the government will do with the information gathered from the eligible students in their applications. As such, many students and youth are afraid to apply at this point.”

Department of Homeland Security announced eight items pertaining to the new deferred action plan:

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.

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.

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.

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

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.

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

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.

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.

Republican Chuck Grassley removed a huge barrier to legislation that could speed the outdated visa system for highly skilled would be immigrants. He removed his “hold” on the proposed legislation that would ease the immense backlogs for applicants from countries like India and China, home to many highly skilled immigrants. President Obama has endorsed the bill, and ironically, so has the Republican-led U.S. House of Representatives, which passed the bill last year.

The bill, termed the Fairness for High-Skilled Immigrants Act, would remove per-country quotas on permanent work visas. Under the current system, countries like Iceland get allotted the same number of available visas as China.

The legislation would not add to the overall number of available green cards unfortunately. However, it would speed processing for skilled immigrants who now face waits of many years. While on temporary visas, they can’t change jobs or vote, and their spouses can’t work.

Grassley had been the holdout in the Senate (although there may be others lurking behind him) keeping the bill from moving forward. He wanted the Senate to take up legislation that he and Senate Majority Whip Dick Durbin have been working on for years to reform the H-1B temporary visa program.

Immigrant advocates are warning would be applicants to beware of unscrupulous notarios and attorneys offering to file work authorization documents under the newly announced Dream Deferred Action policy.
On June 15th, President Obama announced a policy shift which will allow some undocumented aliens to file for work authorization. Advocates all across the country advise that the Department of Homeland Security has not yet implemented the proposed change and any immigration “consultant” offering to help file paperwork might be trying to take advantage of you.

On March 30, 2012, the Department of Homeland Security (DHS) posted a Notice of Proposed Rulemaking (NPRM) in the Federal Register outlining its plan to reduce the time U.S. citizens are separated from their immediate relatives (spouses, children, parents) while those family members are in the process of obtaining an immigrant visa to become lawful permanent residents of the United States.

THIS NEW PROCESS IS NOT YET IN EFFECT

Since the announcement, USCIS has become aware of public misperceptions about the rule-making process and when the provisional unlawful presence waiver process will take effect.   USCIS has issued a number of public education materials to combat these misperceptions including flyers and Public Service Announcements in English and Spanish. These public materials can be found on the USCIS website on the right-hand column.

·         Do not send an application requesting a provisional waiver at this time. USCIS will reject any application requesting this new process and we will return the application package and any related fees to the applicant. USCIS cannot accept applications until a final rule is issued and the process change becomes effective.

·         Be aware that some unauthorized practitioners of immigration law may wrongly claim they can currently file a provisional waiver application (Form I-601) for you. These same individuals may ask you to pay them to file such forms although the process is not yet in place. Please avoid such scams. USCIS wants you to learn the facts about protecting yourself and your family against scammers by visiting http://www.uscis.gov/avoidscams

U.S. Citizenship and Immigration Services (USCIS) alerts eligible individuals NOT to submit a deferred action request under the Deferred Action Process for Young People memorandum issued by Secretary Napolitano on June 15. If you submit now, your application will be rejected. The Secretary’s directive gives USCIS 60 days to create a process to accept these requests and we are unable to accept requests at this time.  Please continue to check our website for updates.

http://www.uscis.gov

“The Administration has acted responsibly and compassionately to a growing humanitarian crisis – thousands of undocumented young people, whose talents and energy are incredibly valuable to this country, languish while Congress refuses to act on the DREAM Act. The memo issued by Secretary Napolitano lays out in clear and compelling language the need for our immigration laws to be enforced in a way that recognizes the impact on the lives of these young people. The Administration has recognized that bipartisan support exists in Congress for addressing this issue and is giving Congress the time to reach a consensus by taking the immediate threat of deportation off the table.  Everyone benefits from this plan: the young people whose futures will no longer be on hold, the Members of Congress from both parties who are interested in developing real solutions, and the public who deserve a more meaningful conversation on immigration. To be clear, a permanent solution must be found that allows these young people to become full citizens.  But until Congress acts, the deferred action program offers the breathing room needed to ensure that no more young lives are jeopardized through senseless deportations.”

Benjamin Johnson, Executive Director of the American Immigration Council