A great Analysis by the Immigration Policy Center released. This analysis breaks down the population potentially eligible for deferred action by nationality and age at the national and state level, as well as the congressional district level.
The deferred action initiative, announced by Homeland Security Secretary Janet Napolitano on June 15, offers a two-year, renewable reprieve from deportation to unauthorized immigrants who are under the age of 31; entered the United States before age 16; have lived continuously in the country for at least five years; 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.
Immigrants who meet these criteria are commonly referred to as “DREAMers” because they comprise most (though not all) of the individuals who meet the general requirements of the Development, Relief, and Education for Alien Minors (DREAM) Act.
The United States is favored to win the most medals of any country in the 2012 London Olympics, continuing a long tradition of dominance in the Summer Olympics. A survey of all the summer Olympics shows that the United States consistently finishes in the top three, and has the most first-place medal count finishes of any country in the world. Following 1896, when the United States finished second to Greece, Americans would dominate most of the 20th century, routinely doubling the medal count of the second place nation. With the exception of a few Olympics, when Germany, the Soviet Union, and most recently China, rose to prominence, the Summer Olympics have been a time for Americans to truthfully proclaim, “We’re number one!”
The real question is: What explains this tradition of American Olympic excellence over the years? Going strictly by population numbers, China and India should win the most medals since they have the largest populations in the world. Both China and India have over four times as many potential Olympians to choose from, which in theory should give them an advantage. China did win the most gold medals in 2008, but the United States won the overall medal count that year by ten. This year, the United States is projected to match China’s gold medal count, while also winning the overall medal count. In contrast, India only won three medals in 2008 and is not projected to win many more in 2012, proving that it takes much more than a large population to succeed in the Olympics.
Yesterday, July 24, 2012, USCIS San Diego Field Office held a meeting with attorneys, local community based organizations, local governmental organizations and other interested agencies to address the implementation of Deferred Action. Paul Pierre, District Director of San Diego District Office, ICE and CBP representatives were present at the meeting. Attorney Ekaterina Powell from our office was also present at the meeting and her summary is provided below.
During the meeting, DHS provided updates on the implementation of Deferred Action, which is now referred to as DACA (Deferred Action for Childhood Arrivals).
DHS emphasized that DACA is discretionary DHS decision not to pursue enforcement against a person for a specific period. A grant of deferred action does not confer lawful immigration status or alter an individual’s existing immigration status. DACA is not the Dream Act, and the use of deferred action provides no pathway to citizenship or permanent residency. Only the Congress may confer these rights.
DHS has announced that it will likely issue guidance on the DACA application process on August 1, 2012 and will start accepting petitions August 15, 2012. Until that time, individuals who want to apply for DACA should gather the required documentation to demonstrate their eligibility.
What Documents may be required?
Documentation of presence and continuous residence may include, but is not limited to, financial records, medical records, school records, employment records, and military records. It is unclear what level of documentation will be required. It is also unclear whether in absence of required documentation USCIS will accept alternative forms of documentation, such as affidavits from individuals who could attest to physical presence or continuous presence requirements. DHS should issue additional guidance about acceptable documentation in the coming weeks.
While DHS continues its efforts to increase staffing of the Service Centers to accommodate DACA filings, it is difficult at this point to predict processing times of the requests. DHS has stated that processing times will be determined once the application process begins depending on the number of applicants. DHS stated that it is likely that the process will take 6-12 months.
While it is still unclear whether there will be a separate fee for DACA request, DHS has announced that it will not exempt DACA applicants from Work Authorization Application fee and biometrics fee, which amount to $465 per applicant.
After an application is filed, DHS will capture biometrics of DACA applicant. If the applicant does not provide the required documentation to demonstrate eligibility, USCIS will use its established process of issuing Requests for Evidence. DHS has informed the public that certain applicants selected randomly as well as applicants meeting certain fraud profile or criminal profile will be referred to a local CIS office for an interview.
Although the meeting with DHS has clarified some of the important concerns of the public, it left unanswered many important questions regarding the implementation of DACA.
Specifically, it is still unclear whether individuals granted deferred action will be able to travel abroad. Even if overseas travel is permitted, it may not be in the best interests of the DACA applicants. Although unlawful presence will not accrue during any deferred action period, prior periods of unlawful presence may render individuals who leave the Untied States inadmissible for 3 or 10 years under existing law. Thus, it is critical for DACA applicants to first consult an immigration attorney before leaving the U.S. even if travel is permitted.
Major Concerns
Another issue that keeps many individuals from considering DACA is fear for themselves, if they are denied deferred action, and fear for their family members. It is not clear at this point whether the information regarding legal status of applicants’ parents will be taken and whether this information will be shared with Immigration and Customs Enforcement. Immigration Advocacy groups are currently in the process of discussing confidentiality concerns with DHS and advocating for guidance prohibiting information provided from being used to initiate or continue to pursue removal proceedings.
Before DHS issues guidance on the application process, individuals who would like to apply for Deferred Action should gather as much documentation as possible to demonstrate eligibility.
If you believe that you meet the eligibility provisions of DACA, feel free to contact our office for a consultation and preliminary review of your records. We are now forming an interest list.
We have received reports of a new scam potentially victimizing aliens. According to one report, the individual will receive a call purporting to be from a USCIS officer, who will have certain correct information on the individual, including the individual’s name and address.
The caller will state that there is some discrepancy in USCIS records, and ask for confirmation of data, such as an I-94 number, an “A” number, or a visa control number. The caller will then tell the individual that there is a penalty for not clearing up the discrepancy, and that the individual is to send a sum of money via Western Union, to an address the caller provides.
Be on alert of receiving such calls, and if you do, report them to appropriate law enforcement authorities, which may include the FBI, and to the Federal Trade Commission’s Bureau of Consumer Protection, whose Consumer Sentinel database is accessed by criminal and civil law enforcement authorities worldwide.
In new statements regarding Obama’s immigration policy, Homeland Security Secretary Janet Napolitano defended President Barack Obama’s decision to stop deporting many illegal immigrants brought to the U.S. as children and letting them apply for work permits. “Our nation’s immigration laws must be enforced in a strong and sensible manner,” Napolitano said in prepared remarks submitted to the House Judiciary Committee. “But they are not designed to be blindly enforced without consideration given to the individual circumstances of each case.”
Obama announced in June that he was easing immigration laws by executive order for many illegal immigrants brought to the country as children. Under the policy change, illegal immigrants would be eligible to avoid deportation if they can prove they are 30 years old or younger, have been in the United States at least five years, arrived before they turned 16, graduated from a U.S. high school or earned a GED or are currently in school and don’t have a criminal record. They can also apply for a work permit that will be good for two years, with no limit on how many times it can be renewed.
The policy change could affect more than a million illegal immigrants and partially achieves the goals of the so-called DREAM Act,the legislation that was to provide a pathway to citizenship for many young illegal immigrants.
Napolitano has said DHS has broad authority to use discretion when deciding which illegal immigrants to deport, and said Thursday that the recent Supreme Court decision striking down much of Arizona’s strict immigration law backs up that authority. “Indeed as the Supreme Court noted in its recent decision on the Arizona immigration law, `a special feature of the removal system is the broad discretion exercised by immigration officials,'” Napolitano said.
Sergio Garcia’s long fought story may be coming to an end soon. The 35 year old earned his law degree three years ago and passed the bar exam on his first try. As great an accomplishment as this is, Garcia is still pursuing the right to a lawyer’s license because of his immigration status, in flux since 1994 when he returned from Mexico to rejoin his family and finish high school. Garcia has wanted to be a lawyer since he was 10 and never imagined that simple dream would be so complicated.
Thanks to the nation’s wrenching debate over illegal immigration, it has now engulfed Garcia’s path to success. He is at the center of an unprecedented California Supreme Court case that will determine whether the state bar can grant an undocumented immigrant a card to practice law in California.
“I hope the California Supreme Court will let me move on with my life,” Garcia told the Daily Democrat during a day of interviews around his hometown. With the Florida Supreme Court recently taking up a nearly identical case, the issue has inflamed both sides of the immigration conflict and may draw the Obama administration into the fray. Among other legal questions, the California Supreme Court has asked the U.S. Justice Department to address whether federal law precludes the state from granting a professional license to an illegal immigrant.
USCIS has recently published Questions & Answers on EB-5 Economic Methodologies. This Q&A document prepared by two USCIS economists came after a 6/22/12 public engagement where stakeholders sought clarification on issues related to hotel/resort development & acquiring real estate related to EB-5 program.
Two of the primary questions raised at the public engagement that needed clarifications were in regards to EB-5 projects involving Hotel or Resort Development and acquiring Real Estate.
When EB-5 petition is filed through a Regional Center, employment requirement can be fulfilled by creation of indirect jobs. Thus, if funds are invested through a Regional Center, the EB-5 requirement of creation of at least 10 full-time jobs can be satisfied through showing that as a result of the EB-5 investment 10 indirect jobs were created. These 10 jobs do not have to be directly related to the EB-5 project and can, for example, include jobs created at other businesses as a result of the EB-5 project being developed.
More changes coming. The U.S. Department of Labor (DOL) recently published a proposed revision of ETA Form 9035 and its instructions. Form 9035 is more commonly known as the Labor Condition Application (LCA), and is required for all H-1B, H-1B1, and E-3 visa petitions. The proposed revisions would, among other things, limit the maximum number of workers who could be covered on a single LCA to no more than 10, and require that the intended worker(s) be identified by name on the LCA form prior to filing.
These are significant changes. The current rules allow a single LCA to cover hundreds of workers, and there is no requirement that there be any worker-identifying information on the LCA. In addition to the proposed revisions to the ETA 9035, the DOL also released a proposed version of Form WH-4, which is used by the DOL’s Wage and Hour unit to collect complaints of possible violations of the H-1B, H-1B1 and E-3 visa programs.
The DOL indicates that the proposed changes in data collection are intended to improve enforcement and investigation of LCA violations. The DOL will accept comments on the proposed form and its changes until September 7, 2012. Expect even more delays in the preparation and filings of LCA, guess it will also affect the timing for getting H1B’s filed by the deadline. We will keep you posted.
According to the Center for American Progress the Deferred Action Order will be good for the economy, here is Why?
The policy makes good economic sense in addition to the self-evident humanitarian reasons for letting undocumented youth remain in the country, work, and live with legal status. The following are the top five ways the president’s announcement will benefit our economy.
I am currently in Israel enjoying a much needed vacation. The upcoming E2 visa for Israelis is a hot topic around here, and once people know what I do, the questions start coming.
During my stay here, I have communicated with the Israeli Embassy in Tel Aviv, in an effort to get some answers about the future filing process. I have to say that this Embassy is one of the most efficient to respond and communicate back, and I am sure it will be very useful in the future.
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