​ On April 18, 2016, the U.S. Supreme Court heard oral arguments in the case of United States v. Texas, the challenge to President Obama’s DAPA and DACA expansion programs.

It is estimated that, if approved, the Deferred Action for Parental Accountability (DAPA program) would grant work authorization to over 4 million undocumented parents of the US citizen children, and the expanded Deferred Action for Childhood Arrivals  (DACA program) would grant work permits to millions of undocumented persons who entered the United States as children. Original DACA is still in place.

The State of Texas has argued that it has “standing” to bring the lawsuit because the DAPA and DACA programs would increase the number of applicants for drivers licenses in Texas. At least 4 of the Justices (Ginsberg, Sotomayor, Kagan and Breyer) seem inclined to rule that this is not a sufficient ground to grant the state standing to sue in court to halt the federal programs. 

During the oral arguments, it appeared that the U.S. Supreme Court eight Justices split 4-4 on this case.
If the vote comes to 4-4, the injunction will sta, and the DAPA and expanded DACA programs will not become the law. 

If a single Justice (Roberts, Kennedy, Alito and/or Thomas) joins the other four Justices who appear ready to dismiss the lawsuit and overrule the injunction, the government will be permitted to implement both programs DAPA and expanded DACA). A decision by the Supreme Court is expected in June 2016.

On November 20, 2014, the President announced a series of executive actions. However, not all of these initiatives have been implemented, and USCIS is not accepting any DAPA or expanded DACA applications at this time. 

Beware of anyone who offers to help you submit an application or a request for any of these actions before they are available. You could become a victim of an immigration scam. 

If you need legal advice on immigration matters, make sure that the person you rely on is an attorney who is authorized to give you legal advice. Only an attorney or an accredited representative working for a Board of Immigration Appeals-recognized organization can give you legal advice. An immigration attorney can be licensed in any state because immigration law is federal law. It's important to consult an experienced and knowledgeable attorney before submitting any immigration applications.

The Internet, newspapers, radio, community bulletin boards and local businesses storefronts are filled with advertisements offering immigration help. Not all of this information is from attorneys and accredited representatives. There is a lot of information that comes from organizations and individuals who are not authorized to give you legal advice, such as “notarios” and other unauthorized representatives. The wrong help can hurt. Here is some important information that can help you avoid common immigration scams.

Here are some examples of common immigration scams:

**Telephone Scams**.

Do not fall victim to telephone scammers posing as USCIS personnel or other government officials. In most instances, scammers will:

• request personal information (Social Security number, Passport number, or A-number);
• identify false problems with your immigration record; and
• ask for payment to correct the records.

If a scammer calls you, say “No, thank you” and hang up. These phone calls are being made by immigration scammers attempting to take your money and your credit card information. USCIS will not call you to ask for any form of payment over the phone. Don’t give payment over the phone to anyone who claims to be a USCIS official.

If you have been a victim of this telephone scam, please report it to the Federal Trade Commission (FTC). Learn more about telephone scams and telephone scammers’ techniques by visiting Federal Trade Commission-Telemarketing-Scams. 

**"Notario Publico"**.

In many Latin American countries, the term “notario publico” (for “notary public”) stands for something very different than what it means in the United States. In many Spanish-speaking nations, “notarios” are powerful attorneys with special legal credentials. In the U.S., however, notary publics are people appointed by state governments to witness the signing of important documents and administer oaths. "Notarios publico,” are not authorized to provide you with any legal services related to immigration.

Please see the National Notary Association website "What is a Notary Public" for more information.

**Local Businesses who are not law firms and not attorneys or lawyers**.

Some businesses in your community “guarantee” they can get you benefits such as a:

• Visa
• Green Card
• Employment Authorization Document

These businesses sometimes charge you a higher fee to file the application than even a licensed attorney (but will tell you that attorneys charge more "for the same work"). They claim they can do this faster than if you applied directly with USCIS. These claims are false. 

**Dot-com websites - operated by non-attorneys or people not authorized to give legal advice**.

Some websites offering step-by-step guidance on completing a USCIS application or petition will claim to be affiliated with USCIS. Many of these websites are scammers or fraudsters, often taking money for blank forms or minimal assistance without attorney supervision.

USCIS has its own official website: www.uscis.gov with:

• Free downloadable forms
• Form Instructions
• Information on filing fees and processing times

Do not pay for blank USCIS forms either in person or over the Internet. You can download forms for free at www.uscis.gov.

Do not pay to a non-attorney (not a lawyer) for help with immigration paperwork, applications, affidavit. Oftentimes, they give you wrong advice and can potentially damage your chances of ever becoming a permanent resident (getting a green card).

**Green Card Lottery or DV Lottery scams**.

Once a year in fall, the Department of State (DOS) makes 50,000 diversity visas (DVs) available via random selection to persons meeting strict eligibility requirements and who come from countries with low rates of immigration to the United States. During this time or often around the year, it is common for immigration scammers to advertise in emails or websites that reference either the:

• DV lottery
• Visa lottery
• Green Card lottery

These emails and websites often claim that they can make it easier to enter the annual Diversity Immigrant Visa Program. Some scammers even identify you as a DV lottery “winner” and ask for significant amount of money "helping get a visa". These emails and websites are fraudulent. 

The only way to apply for the DV lottery is through an official government application process (Department of State website, and only when it's open, during an application period which is usually in October-November only). DOS does not send emails to applicants. 

On or after May 1st, you can visit the Department of State website to verify if you are actually a winner in the DV lottery. 

If need help, consult a licensed attorney (not one of the "green card lottery" websites).

**INS doesn't exist. It's been replaced by DHS and USCIS**.

To this day, some local businesses, websites, "notarios"  and individuals make reference to the Immigration and Naturalization Service (INS). This agency no longer exists! 

If someone refers to USCIS as "INS", it's a sign that they are not an attorney, but rather someone unqualified with little knowledge in immigration matters.

INS was dismantled on March 1, 2003, and most of its functions were transferred from the Department of Justice to three new components within the newly formed Department of Homeland Security. U.S. Citizenship and Immigration Services (USCIS) is the component that grants immigration benefits. The other two components are U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection.

All official correspondence regarding your immigration case will come from USCIS. USCIS will communicate with you and your attorney by mail, by mailing you notices, approved work permit and green card through USPS (postal service).

If you need a legal assistance, we will be glad to help. Our contact information is here.

Read here. 

Twenty-six states (the “states”) are challenging the government’s Deferred Action for Parents of Americans and Lawful Permanent Residents program (“DAPA”) as violative of the Administrative Procedure Act (“APA”) and the Take Care Clause of the Constitution. 

The district court determined that the states are likely to succeed on their procedural APA claim, so it temporarily enjoined implementation of the program. Texas v. United States, Civ. No. B-14-254, 2015 WL 648579 (S.D. Tex. Feb. 16, 2015). 

The United States appealed the preliminary injunction and moved for a stay of the injunction pending resolution of the merits of that appeal. Because the government is unlikely to succeed on the merits of its appeal of the injunction, we deny the motion for stay and the request to narrow the scope of the injunction. Read full text of the decision here. 

First, the Court of Appeals rejected the Obama administration's argument that the 26 states challenging DACA and DAPA lack standing. The panel found that the burden on Texas in having to issue drivers licenses to DAPA status immigrants was "real and concrete."

Second, the court rejected the Obama administration's main argument, which is that the actions are truly discretionary and thus "committed to agency discretion by law." The court said that the executive actions didn't allow for any real exercise of discretion by agency employees, rather they simply were blanket changes to the immigration laws.

There are other provisions in Obama’s executive action on immigration, which will be considered by a different panel of judges of the Fifth Circuit the week of July 6, 2015. That panel could decide to lift the injunction. 

The injunction could remain in place for the rest of President Obama’s term in office – unless it is lifted by the courts.

As a practical matter, the injunction prevents the government from processing DAPA and extended DACA applications. Only original 2012 DACA is still in effect.

It appears that DAPA and extended DACA may never become law.

Read the court opinion here.

USCIS launched a new interactive webportal myUSCIS. 

See at: https://my.uscis.gov/

USCIS recently introduced another useful webportal, where customers can submit e-request to ask questions about a pending case, report non-delivery of a document (work permit, green card, etc) or official letter (Receipt or Approval Notice, Form I-797), request certain accommodations. I found it to be a very useful tool.

See at: https://egov.uscis.gov/e-Request/Intro.do?locale=en_US

Almost daily, I hear from some of our callers: "I don't need legal consultation, I don't want to hire an attorney. I have only one or two very simple (or quick, or easy) questions, and I want an attorney to answer my questions right now and free of charge because my questions are so simple, quick, and easy!"

I will try to explain why this request doesn't make any sense and how to get proper legal advice.

U.S. immigration law is very complex and constantly changing. There have been no major immigration reforms or amnesties in the past few years (which requires a law to be approved by Congress and signed by the President). However, there have been significant changes introduced by our current and former administrations and the executive branch of the government: executive actions; executive orders of the President; USCIS and DHS memorandums and policy guidance; official and unofficial practice advisories; and changes through our judicial branch (federal and immigration courts), such as, the decisions by the BIA, AAO, Courts of Appeals, US Supreme Court, and even by federal district court judges (for example, an injunction by a federal judge can place on hold an executive order of the President of the United States).

U.S. immigration law is federal in nature and is the same in all states. However, it may apply differently to your situation depending on your background, your place of residence or domicile, US embassy in the country where you apply for a visa, etc.

An experienced immigration attorney may be able to guide you and advise you about specifics, loopholes, various options, and can spot possible problems before they happen, even if it seems to you that your case is pretty straightforward and you have only "one quick question". A seemingly simple or quick question not always can be answered with a simple "yes" or "no" answer. You may not realize it, but a situation may have a lot of hidden issues or variables depending on your venue, court jurisdiction, your factual circumstances, your arrest and criminal record, your family situation and status, prior legal assistance, prior legal actions and applications filed, or even timing, etc.

You can find a lot of useful immigration-related INFORMATION on our Blog. We compiled useful information and links: USCIS forms and fees, case status inquiry, processing times, AR-11 Change of Address, Department of State and NVC, and much more here. Hope you find this information helpful!

To ask basic questions about USCIS immigration forms, filing fees or to inquire about status of your pending case, you can contact USCIS, Department of Homeland Security, by calling their 800 Customer Service Hotline (number is on their website), or send an e-request via a webportal at USCIS website. Case status can be checked online, as well. Immigration courts, U.S. embassies and consulates and National Visa Center each have their own hotlines, call centers or other ways to contact them.

To receive a case-specific legal advice you should talk to a lawyer. Before a lawyer can advise you, we usually email you our confidential immigration questionnaire, and ask you to complete and return it to us. In some cases, we can ask you to email us copies of your immigration forms, paperwork, personal documents. When an attorney reviews your answers to our questionnaire and your documents, it helps her to get to know you, your situation, and decide what legal and/or visa options you shall consider, what are your best chances of obtaining certain visas and immigration benefits, how and when can you bring your family to USA, are you eligible for permanent residency or a green card in the United States, are you eligible to apply for U.S. citizenship, how can your children become U.S. citizens, etc.

It's important that you provide truthful, accurate and complete answers to our questions because an attorney's advice to you is based on information you provide to an attorney. It could be dangerous to give misleading, incomplete or incorrect answers to an attorney.

An attorney or a lawyer is often called "a counselor in law". It means that an attorney counsels and advises you, helps you to understand your situation better, anticipates any possible future issues or complications, offers guidance, and a long-term strategy and planning for yourself and your family.

Legal advice is never a simple "yes" or "no" answer, it's never "use this form"  or "this is the link where you can find all information and all answers you need". Legal advice or consultation is like going to see a doctor. A doctor will ask you questions, take your vitals and administer necessary tests, then she will be able to diagnose you and offer you an appropriate treatment plan. The same is true about work of a good and ethical attorney. An attorney will have to ask you a number of questions, review your documents and paperwork, and only then she will be able to advise you, and offer you guidance and counsel.

In order to avoid mistakes and future complications, it's smart to consult an attorney before starting any legal, immigrant or visa process. Consultation with knowledgeable and ethical attorney should serve as a preventative measure and a way to establish a roadmap and plan your future.

In over twelve years of practice as an immigration attorney in the United States, I have come across of many unfortunate individuals who got themselves into trouble after reading and following wrong advice on internet forums, listening to their friends, co-workers, relatives and neighbors advice, or paying to complete their "paperwork" to an unlicensed "immigration consultant", or "notario", or "tax preparer", or somebody else who speaks their native language in their immigrant community but has no proper training and is not a licensed attorney. In some of these cases, individual's chances of living in USA legally can be permanently destroyed. Some people can become permanently banned from the United States, no matter how many close family members (wife, kids, parents) and other ties they have in USA. Immigration law is very complex and unforgiving, and non-compliance, fraud or misrepresentation could bring consequences more severe than penalties in an average criminal case. Where a convicted criminal can usually expect to be released from prison after a number of months or years and be reunited with his family, a person who was deported and permanently banned from USA may never be able to reunite with his family and loved ones in the United States. Lack of knowledge or bad advice is not an excuse in immigration law. "Simple mistakes" in immigration law context could be costly and often irreversible.

Do yourself a favor and consult a knowledgeable immigration attorney before filing any applications or petitions with the USCIS Department of Homeland Security, or before submitting any visa applications online. You can also schedule a consultation to seek a second opinion, if not sure that your current or former attorney's advice is correct as applies to you. When you have questions or need legal advice you can email us to schedule a consultation. We will be glad to help you.

(As a practical matter, preliminary injunction means that effective February 18th 2015, there will be no filings under new expanded DACA program, and DAPA is placed on hold. Please be careful as to what applications and forms you file with USCIS. Consult a licensed experienced attorney and verify your eligibility before you apply.)

A Texas Judge has placed a preliminary hold on the two initiatives announced by President Obama last November that would expand the two-year-old Deferred Action for Childhood Arrivals (DACA)  and Deferred Action for Parents of U.S. Citizens and Legal Permanent Residents (DAPA). These two programs would provide temporary relief from deportation to approximately 5 million undocumented immigrants currently living in the United States.  The order issued overnight, and two days before the government was set to begin the DACA expansion, bars federal immigration officials from implementing “any and all aspects” of these programs. 

The coalition of 26 states, led by Texas and made up of mostly conservative states in the South and Midwest, argues that Obama has violated the "Take Care Clause" of the U.S. Constitution, which they say limits the scope of presidential power, and that his executive actions would be difficult to undo once immigrants started to apply for deferred action. They also say Obama's order would force increased investment in law enforcement, health care and education.

Among those supporting Obama's executive order is a group of 12 states, including Washington and California, as well as the District of Columbia. They filed a motion with the judge in support of Obama, arguing the directives will substantially benefit states and will further the public interest.

A group of law enforcement officials, including the Major Cities Chiefs Association and more than 20 police chiefs and sheriffs from across the country, also filed a motion in support, arguing the executive action will improve public safety by encouraging cooperation between police and individuals with concerns about their immigration status.

Read more at: http://news.yahoo.com/federal-judge-stalls-obamas-executive-action-immigration-052549363.html

*****

On February 17, 2015, USCIS had released their official statement in response to injunction granted by a federal judge in Texas, which effectively put a stop to DACA expansion (which was planned for February 18th 2015) and suspended DAPA (originally planned to start on May 19, 2015).

Since November 2014, USCIS had hired and trained additional 1,000 full-time employees in anticipation of a high volume of DACA and DAPA applications in 2015.

--------------------------
(via email): Statement by Secretary Jeh C. Johnson Concerning the District Court’s Ruling Concerning DAPA and DACA

"I strongly disagree with Judge Hanen’s decision to temporarily enjoin implementation of Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) and expanded Deferred Action for Childhood Arrivals (DACA). The Department of Justice will appeal that temporary injunction; in the meantime, we recognize we must comply with it.

Accordingly, the Department of Homeland Security will not begin accepting requests for the expansion of DACA tomorrow, February 18, as originally planned. Until further notice, we will also suspend the plan to accept requests for DAPA.

The Department of Justice, legal scholars, immigration experts and even other courts have said that our actions are well within our legal authority. Our actions will also benefit the economy and promote law enforcement. We fully expect to ultimately prevail in the courts, and we will be prepared to implement DAPA and expanded DACA once we do.

It is important to emphasize what the District Court’s order does not affect.

The Court’s order does not affect the existing DACA. Individuals may continue to come forward and request initial grant of DACA or renewal of DACA pursuant to the guidelines established in 2012.

Nor does the Court’s order affect this Department’s ability to set and implement enforcement priorities. The priorities established in my November 20, 2014 memorandum entitled “Policies for the Apprehension, Detention and Removal of Undocumented Immigrants” remain in full force and effect."

-------------------------

USCIS could struggle to process millions of undocumented immigrants who may apply for legal protection under President Barack Obama's recent announcements on immigration, a Senate committee was told on Wednesday.

U.S. Citizenship and Immigration Services (USCIS), which handles immigrant visa and naturalization petitions, could be overwhelmed by the surge in workload later this year even if it hires an additional 1,000 workers as planned.

USCIS is expected to receive 4.5 million new DACA and DAPA deferred action applications in the coming months.

Congressional Republicans say Obama has overstepped his constitutional bounds and are trying to pass legislation to block funding for his immigration policies but Democrats in the Senate on Tuesday derailed the Republican effort. As the legislative battle continues, funding for the entire Department of Homeland Security, of which USCIS is a part, runs out at the end of February.

"The administration has informed this committee that it plans to hire 1,000 new workers" to process the applications, Bellocchi said, but "questions immediately surface whether this number will be sufficient without creating extreme backlogs."

He said new workers would have to process and adjudicate 4,500 applications each during the six-month target period. "Including weekends, that would mean 25 to 27 applications per day for 1,000 adjudicators," Bellocchi, who is now an immigration attorney in the private sector, told the committee.

USCIS has roughly 13,000 full-time officers and 5,000 contractors and they handle most applications on paper. Read at: http://www.reuters.com/article/2015/02/04/us-usa-congress-immigration-idUSKBN0L81Q320150204

***Our office is ready to provide legal assistance to DACA and DAPA applicants. 
DAPA (Deferred Action for Parents of Americans and Lawful Permanent Residents) is a new deferred action program. It was expected that DAPA application period will open around May 20, 2015. It means that USCIS is not accepting DAPA applications just yet (applications from parents of US citizen children and lawful permanent resident children). You can start work on preparing your supporting documents for USCIS, however, you have to wait to file until USCIS  is ready. New application forms and official guidelines are expected to be released in May 2015. As of February 16, 2015, both expanded DACA and DAPA have been placed on hold until further notice. Avoid notario scam and don't pay anyone to submit your DAPA applications until it's been announced by the USCIS that they start accepting applications. It might be later than May 2015, if a federal case is still pending. If you need help please email an attorney at attorney@law-visa-usa.com .*** 

SUMMARY of DACA and DACA Deferred Action Programs based on Obama's November 20, 2014 announcement of Immigration Reform.
(repost from our blog)

President Obama’s Immigration Announcement Includes Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) & Expansion of Deferred Action for Childhood Arrivals (DACA). On November 20, 2014, President Obama announced 10 areas where his Administration will modify immigration policy. In general, these reforms fall into three categories: (i) changes to immigration enforcement policy; (ii) deferred action expansion; and (iii) changes to our legal immigration system. This Fact Sheet will focus exclusively on the expansion of deferred action, memorialized in a Memorandum by Jeh Johnson entitled Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children and with Respect to Certain Individuals Whose Parents are U.S. Citizens or Permanent Residents (“Deferred Action Memo”).

Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA):

Deferred action is a temporary protection from deportation. Through it, a person is authorized to remain in the United States temporarily and to receive employment authorization. A grant of deferred action does not provide a path to lawful permanent resident status or U.S. citizenship.

The Deferred Action Memo calls on USCIS to establish a process, similar to the Deferred Action for Childhood Arrivals (DACA) program, for granting deferred action to individuals who:
·         Have, as of November 20, 2014, a son or daughter of any age, who is a U.S. citizen or lawful permanent resident;
·         Have continuously resided in the United States since before January 1, 2010;
·         Are physically present in the United States on November 20, 2014, and at the time of making a DAPA request;
·         Have no lawful status on November 20, 2014;
·         Are not an enforcement priority, defined as: people suspected of terrorism, gang associations, or visa abusers, unlawful border crossers, and people convicted of felonies, aggravated felonies, significant misdemeanors, or three or more misdemeanors;[1] and
·         Present no other factors that would cause USCIS to deny the request in its exercise of discretion. 

The DAPA process shall be available to people with final orders of removal who meet the above criteria. Applicants must pay a $465 filing fee and submit to biometrics. As with DACA, there will be a very limited fee exemption and no fee waivers. Those who receive deferred action under the DAPA program will receive employment authorization for a three-year period. 

USCIS plans to begin accepting applications for DAPA by May 19, 2015.

The Deferred Action Memo applies to Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP). Those agencies are instructed to exercise discretion for individuals who meet the DAPA criteria, including individuals in immigration custody, in removal proceedings, or whom ICE or CBP encounters.

Expansion of DACA (as of February 16, 2015, it was placed on hold):

Beginning on February 18, 2015, you may request consideration for deferred action under DACA if you:

1. Came to the United States before reaching your 16th birthday;
2. Have continuously resided in the United States since January 1, 2010, up to the present time;
3. Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
4. Had no lawful status on June 15, 2012, meaning that:

• You never had a lawful immigration status on or before June 15, 2012, or
• Any lawful immigration status or parole that you obtained prior to June 15, 2012, had expired as of June 15, 2012.

1. Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a General Educational Development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
2. Have not been convicted of a felony, a significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

The Deferred Action Memo makes three major modifications to the DACA program:

1.       It removes the age cap. The Deferred Action Memo eliminates the requirement that an individual be under the age of 31 on June 15, 2012.
2.       The start date for the continuous residence period is advanced from June 15, 2007 to January 1, 2010. At this time, to be eligible for DACA an individual must have resided in the United States continuously from January 1, 2010 up to the present.
3.       DACA grants will now last three years instead of two. Effective November 24, 2014, all first-time DACA approvals as well as all DACA renewals shall be effective for three years instead of two.

The rest of the DACA requirements remain the same:

1. Had no lawful status on June 15, 2012, meaning that:

• You never had a lawful immigration status on or before June 15, 2012, or
• Any lawful immigration status or parole that you obtained prior to June 15, 2012, had expired as of June 15, 2012.

1. Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a General Educational Development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
2. Have not been convicted of a felony, a significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

USCIS was planning to begin accepting applications under the new criteria by February 18, 2015. However, on February 16, 2015, a temporary injunction by a federal judge resulted in DACA and DAPA programs being put on hold. Please see our blog for updates.

Although the Department of Homeland Security (DHS) has released some information about these programs, we expect DHS will produce detailed explanations and instructions in the coming months. Visit www.uscis.gov and http://www.adminrelief.org/ for more information.

[1] Immigration enforcement priorities include other categories detailed in the Jeh Johnson Memorandum entitled “Policies for the Apprehension, Detention, and Removal of Undocumented Immigrants” (Nov. 20, 2014). Summary from ILRC.

On November 20, 2014, USCIS had published a MEMORANDUM, which can be fund here:
http://www.dhs.gov/sites/default/files/publications/14_1120_memo_deferred_action.pdf

USCIS had published FAQs at: 
http://www.uscis.gov/humanitarian/consideration-deferred-action-childhood-arrivals-process/frequently-asked-questions