Immigration Blog Luba Smal Attorney at Law - Smal Immigration Law Office

U.S. Supreme Court Rules That DACA Program Will Continue

6/18/2020

DACA program for undocumented youth in the U.S. will continue. On June 18, 2020, the U.S. Supreme Court blocked the Trump administration's attempt to end or rescind the Deferred Action for Childhood Arrivals, DACA program that protects hundreds of thousands of immigrants brought to the US as children from deportation.

A narrowly divided 5-4 Supreme Court extended protection from deportation to over 650,000 so-called Dreamers, while the Trump administration jumps through the administrative hoops that the court said are required before ending the program.

The court ruling was written by Chief Justice John Roberts and joined by Justices Ruth Bader Ginsburg, Elena Kagan, Stephen Breyer and Sonia Sotomayor.

Court said the Department of Homeland Security's decision to rescind #DACA was arbitrary and capricious under the Administrative Procedure Act.

Some experts believe that the decision not only allows renewals in the program to continue for now, but clears the way for new applicants to apply to the program.

However, USCIS response today was different "court opinion has no basis in law and merely delays the President's lawful ability to end the illegal Deferred Action for Childhood Arrivals amnesty program."

Technically, Chief Justice John Roberts wrote that the Trump administration's rescission was vacated and he sent the case back down to the lower courts.

We will post here again when USCIS updates its current DACA policy. USCIS is the agency which is responsible for making this new ruling clear and informing the public as to whether they will accept new applications.

The decision is here:
https://apps.npr.org/documents/document.html?id=6951500-DACA-Decision

https://www.cnn.com/2020/06/18/politics/daca-supreme-court-explainer/index.html

https://www.cnn.com/2020/06/18/politics/daca-immigration-supreme-court/index.html

Second DACA Injunction: DACA Renewal Applications Still Accepted

2/14/2018

In the second injunction that blocks the Trump administration efforts to end DACA, Judge Nicholas Garaufis of the Eastern District of New York on Feb. 13, 2018 ordered U.S. Citizenship and Immigration Services to accept certain DACA applications while litigation continues.

The ordered relief mirrors the preliminary injunction issued by Judge William Haskell Alsup in the Northern District of California on Jan. 9. It required USCIS to resume accepting DACA renewal applications from people who had previously been granted that relief. This second nationwide injunction similarly requires the Department of Homeland Security to maintain the DACA program on the same terms and conditions that existed before the administration on Sept. 5, 2017, issued a memo to rescind DACA, with the following exceptions:

DHS need not consider new applications from individuals who have never before held DACA
DHS is not required to provide advance parole to DACA beneficiaries
DHS retains the discretion to adjudicate DACA renewal requests on a case-by-case, individualized basis.

The Department of Justice has requested that the U.S. Supreme Court review Alsup’s order on its merits, bypassing the usual process of appealing to 9th U.S. Circuit Court of Appeals. As early as Feb. 16, 2018, the Supreme Court could announce a decision to review the injunction.

While the injunctions remain in place, USCIS has advised people who have previously received DACA that they may request renewal by filing the following forms:

Form I-821D
Form I-765, and
I-765 Worksheet

Applicants whose DACA expired on or after Sept. 5, 2016 may file as renewal requestors. Applicants who previously held DACA and whose DACA expired before Sept. 5, 2016 may file as initial requestors. Applications from those who have never received DACA will be NOT be accepted, nor will applications requesting advance parole.

DACA policy will be operated on the terms in place before Sept. 5, 2017.

Omaha, Nebraska City Council Supports DACA and Dreamers

10/17/2017

The Omaha City Council (Omaha, Nebraska) approved a resolution today, on October 17, 2017, urging the U.S. Congress to act swiftly to protect "Dreamers", students protected by DACA (Deferred Action for Childhood Arrivals program).

The vote was 5-0, with two council members not voting.

Nebraska Republican Congressman Don Bacon submitted a letter in support of the resolution, saying he is committed to protecting law-abiding DACA youth from deportation.

This is good news for Omaha area DACA protected young people whose protection is set to expire on March 6, 2018, six months after September 6, 2017 announcement by the White House of their rescission of DACA program.

Briefly in Russian:

Городской совет города Омаха штата Небраска единогласно проголосовал сегодня за то, чтобы ходатайствовать Конгресс США о восстановлении недавно отмененной программы DACA, которая предоставляла защиту от депортации, разрешение на работу, номер соцстрахования, возможность получить водительские права молодежи, которые называются "Мечтатели", Dreamers. Президент отменил эту программу 6 сентября 2017, и дата закрытия программы 6 марта 2018.

Это хорошие новости для молодежи в городе Омаха, у которых был или есть статус DACA.

#DACA #Dreamers #Nebraska #Omaha

Read here.

DACA Update: as of March 01 2017 still valid

3/5/2017

DACA: CURRENT STATUS AND OPTIONS as of March 1, 2017

The Deferred Action for Childhood Arrivals (DACA) program is still available and the government is still accepting and approving DACA initial and renewal applications. However, the program could be terminated at any time.

As a result, the information in this document could change so always stay up to date.

At this time, DACA should continue to provide you the same benefits–protection from deportation, work authorization and more.

However, even if you have DACA, immigration authorities may detain you and terminate your DACA if you, after receiving a DACA grant:
 are arrested or convicted for any criminal offense,
 admit to any criminal offense,
 are determined to pose a threat to public safety or national security,
 admit to fraud in connection with a government agency (such as use of a false social security number), or
 admit to gang affiliation.

According to DHS, if you disclosed the above information in previous DACA applications and your case was approved, you will continue to hold DACA.

If you failed to disclose any criminal history in your application or experience new criminal issues after receiving DACA, you should speak to an attorney as you may be at risk.

Initial DACA Applications – Recommended Only With Attorney Representation

Applying for DACA for the first time presents both benefits and risks. You should only apply after consulting with an attorney and considering the risks and benefits of your case. Be sure to have an attorney help you prepare your application. Prior criminal, immigration, fraud or gang issues could be particularly risky.

Be sure to consult an expert before applying if you have:
 previous criminal arrests or charges (even without a conviction);
 any type of criminal conviction (including either misdemeanors or felonies);
 any history of fraud related to a government agency (such as use of a false social security number); or  been deported or been ordered deported from the United States before.

Initial applications may take anywhere from a few weeks to several months to be processed. If a new application is not approved before the DACA program is changed or terminated, you may lose your application $495 fee. Furthermore, you risk exposure to immigration authorities by sending them your personal data. If pending federal legislation (the BRIDGE Act) passes to replace DACA, you may be eligible for another, less risky opportunity to be protected from deportation and receive a work permit.

See DACA guide updated on 03/01/2017 here.

DACA application process

ILRC post-election DACA update and resources

11/10/2016

Post-Election DACA update and resources provided by ILRC.

November 10, 2016

President-elect Donald Trump pledged to end DACA immigration program when he becomes President. He will be inaugurated on January 20, 2017. Until that time, DACA will remain in place and USCIS will continue to process both initial and renewal DACA requests.

The risk. Those who receive or apply for DACA will not necessarily be targeted for deportation. Administrative programs like this have never been used for wholesale deportation in the past. It would be extremely costly for the government to try to deport all 700K+ DACA recipients. However, we do not really know what to expect. Anything is possible.

Initial DACA applications. For those who have not yet applied for DACA, the processing of those applications is taking long enough now that they would likely not be adjudicated until after January 2017, and it is possible the DACA program will not exist by then. Therefore, at this point potential applicants’ efforts to assemble an initial DACA application and pay the filing fees (which go up in December 2016) may result in no benefit and expose them to DHS.

DACA renewals. It is unknown whether the next Administration will terminate existing DACA grants or instead not allow DACA recipients to renew. Those who have already received DACA are known by the government. Therefore, renewing DACA does not carry a new risk. In fact, renewing DACA may mean a DACA recipient can have a work permit until it expires one to two years into the next Administration. One risk, however, is again that the renewal might not be adjudicated before Trump becomes President, and the effort and money to renew will be for nothing. People who file to renew soon may be successful, as DACA renewals are currently being processed in 8 weeks with USCIS' upgraded system. The cost may be offset by loans and other funding available through Mission Asset Fund, the Mexican Consulate, some DACA collaboratives and/or other programs.

Advance parole. At this point, advance parole may be a little bit harder to get, because processing time is three months or more, which would put approvals (even if filed today) and subsequent travel in February 2017. Emergency advance parole requests, however, may still be useful in helping people travel and subsequently adjust status under 245(a).

What the Future Holds

Based on Trump’s campaign rhetoric and the new composition of Congress, we do not expect a comprehensive immigration reform that includes legalization to be introduced in the coming years.

We do not expect expanded DACA or DAPA to make it through the courts.

It is possible that some states will try to introduce additional state legislation creating benefits and some protections for immigrants like California has done. Some other states may introduce legislation that increases immigration enforcement at the local level.

What Immigrants Can Do Now

People should go to a legal services provider to be screened for any possible immigration options other than DACA for which they may already be eligible.

The ILRC has a comprehensive client intake form to assist practitioners in screening. It can be found online at https://www.ilrc.org/screening-immigration-relief-client-intake-form-and-notes.

The Immigration Advocates Network maintains a national directory of more than 950 free or low-cost nonprofit immigration legal services providers in all 50 states. It can be found online at https://www.immigrationlawhelp.org.

Community members should be warned of fraudulent service provider schemes and educated about how to seek competent immigration help. The ILRC has created community education flyers about this available in English and Spanish available online at https://www.ilrc.org/anti-fraud-flyers.

People should know their rights when in contact with an immigration agency.

The ILRC has created Red Cards to help both citizens and noncitizens defend themselves against constitutional violations during ICE raids. These cards provide citizens and noncitizens with information about how to assert their constitution rights and an explanation for ICE agents that the individuals are indeed asserting their constitutional rights. Go https://www.ilrc.org/red-cards for more information and contact us at[email protected] to order.

People should continue to avoid negative interaction with law enforcement. Something like a DUI or conviction related to drugs can have irreversible negative immigration consequences.

If filing to renew DACA, applicants need to be aware that the filing fee increases to $495 on December 23, 2016.

Information provided by ILRC.

Nebraska Governor vetoed another bill which would have allowed DACA grantees to apply for professional and commercial licenses in Nebraska.

4/15/2016

UPDATE: On April 20, 2016, over the objections of Gov. Pete Ricketts, Nebraska Legislature overrode Governor's veto. Nebraska passed a bill that will allow young immigrants who entered the United States illegally, and later obtained federal DACA deferred action status, to apply for professional and commercial licenses in Nebraska.

The Legislature voted 31-13 to override Ricketts' veto. Thirty votes were needed to override.

Last year, Nebraska DREAmers won another victory when the legislature again overrode Gov. Ricketts’ veto of a bill that would allow DACA recipients to apply for driver’s licenses.

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On April 15, 2016, Nebraska Governor Pete Ricketts vetoed a bill that would have allowed young immigrants brought to this country illegally as children to get professional and commercial licenses.

Legislative Bill 947 would have made it possible for those immigrants to obtain the licenses and credentials needed to enter a host of occupations, including teaching and tattooing.

Governor's action sets up a second clash with the Legislature over the same group of young people - DACA grantees.

Last year, the governor vetoed a similar bill that provides driver’s licenses to young people in the federal DACA program, or Deferred Action for Childhood Arrivals. The Legislature overrode that veto.

This year, lawmakers passed LB 947 on a 33-11 vote, three more than the number needed for a veto override.

It remains to be seen if Nebraska Legislature will override Governor's bill again.

It should be noted that some DACA grantees can take the next step and apply for permanent residency (aka green card), and therefore, become lawful permanent residents. If a DACA grantee obtains a federal advance parole (travel document), travels abroad and returns to USA on advance parole, he or she might be able to apply for a green card, provided they are otherwise eligible.

DHS and TSA may soon start denying boarding the flights to the passengers with the driver's licenses from certain states, noncompliant with the federal Real ID Act.

12/28/2015

DHS may soon deny boarding flights within the U.S. to passengers with some states' driver's licenses.

The U.S. Department of Homeland Security said it will be making a decision this week.

Ten years ago, the U.S. government passed the Real ID Act, issuing stricter standards for state-issued IDs, including driver's licenses. Fewer than half (22) of the states have complied with the law.

22 states comply with the law:

These states, along with Washington, D.C., already have issued drivers' licenses that comply with the Real ID Act: Alabama, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Indiana, Iowa, Kansas, Maryland, Mississippi, Nebraska, Nevada, Ohio, South Dakota, Tennessee, Utah Vermont, West Virginia, Wisconsin and Wyoming.

Five states are noncompliant:

Five states that have been deemed noncompliant, have not been granted an extension and do not have extensions under review: Illinois, Minnesota, Missouri, New Mexico and Washington.

But even if you live in those states, DHS hasn't issued its schedule for enforcement yet. If and when it does, there still will be 120 days notice before the TSA no longer accepts their states' IDs. And those states could still appeal DHS' decision not to grant a waiver extension, the DHS spokeswoman said.

Four states' waiver extensions are pending review:

These states applied for waiver extensions, and DHS is still reviewing their requests. All of these states were previously granted waivers that are set to expire on January 10, 2016: Alaska, California, New Jersey and South Carolina.

19 states have been granted waiver extensions:

Except for New Hampshire, all of these states' waiver extensions are set to expire on October 10, 2016. New Hampshire's extension lasts through June 1, 2016: Arizona, Arkansas, Idaho, Kentucky, Louisiana, Maine, Massachusetts, Michigan, Montana, New Hampshire, New York, North Carolina, North Dakota, Oklahoma, Oregon, Pennsylvania, Rhode Island, Texas and Virginia.

Read here.

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UPDATE 01-13-2016:

On January 8, 2016, the DHS Secretary made an announcement:

"Effective January 22, 2018, air travelers with a driver’s license or identification card issued by a state that does not meet the requirements of the REAL ID Act (unless that state has been granted an extension to comply with the Act) must present an alternative form of identification acceptable to the Transportation Security Administration (TSA) in order to board a commercial domestic flight."
Read more here.

At present, 23 states are fully compliant with the REAL ID Act, and the DHS has used its authority to grant states extensions when they demonstrate steps toward compliance. Thus, 27 states and territories have been granted extensions for a period of time to become compliant. Six states and territories – Illinois, Minnesota, Missouri, New Mexico, Washington, and American Samoa – are noncompliant and do not currently have extensions.

DHS has now reached the final phase of implementation of the REAL ID Act, which relates to commercial air travel. These are the timelines for that final phase:

Effective immediately, the Department of Homeland Security will conduct outreach to educate the traveling public about the timeline below, and continue engagements with states to encourage compliance with REAL ID standards.
Starting July 15, 2016, TSA, in coordination with airlines and airport stakeholders, will begin to issue web-based advisories and notifications to the traveling public.
Starting December 15, 2016, TSA will expand outreach at its airport checkpoints through signage, handouts, and other methods.
Starting January 22, 2018, passengers with a driver’s license issued by a state that is still not compliant with the REAL ID Act (and has not been granted an extension) will need to show an alternative form of acceptable identification for domestic air travel to board their flight. To check whether your state is compliant or has an extension, click here. Passengers with driver’s licenses issued by a state that is compliant with REAL ID (or a state that has been issued an extension) will still be able to use their driver’s licenses or identification cards.
Starting October 1, 2020, every air traveler will need a REAL ID-compliant license, or another acceptable form of identification, for domestic air travel.

Important: Right now, no individual needs to adjust travel plans, or rush out to get a new driver’s license or a passport for domestic air travel. Until January 22, 2018, residents of all states will still be able to use a state-issued driver’s license or identification card for domestic air travel. Passengers can also continue to use any of the various other forms of identification accepted by TSA (such as a Passport or Passport Card, Global Entry card, U.S. military ID, airline or airport-issued ID, federally recognized tribal-issued photo ID).

Common Immigration Scams: helpful tips from USCIS how to avoid becoming a victim of immigration fraud or scam.

6/16/2015

Immigration scam by a local business.

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.

Nebraska to start issuing driver's licenses to young immigrants who were granted deferred action under DACA program which is in effect since 2012.

5/28/2015

Nebraska will start issuing driver's licenses to DREAMers or young people who were granted deferred action under DACA ("DACA grantees").

Nebraska is the last state to join the other 49 states who are already issuing driver's licenses to young people with approved DACA deferred action. This program has been in effect since 2012.

On Tuesday, Nebraska Legislature overrode Governor's veto on this bill by 34 to 10 vote.

Read here.

AB 60 California state law authorized issuance of special driver's licenses for undocumented immigrants in California, effective date Jan 02, 2015.

5/1/2015

Information FAQs about AB 60 (new California law) in Spanish and English.

AB 60 FAQs in Spanish available here:
http://www.ilrc.org/files/documents/ab_60_4_17_15_spanish.pdf

AB 60 FAQs in English are here:
http://www.ilrc.org/files/documents/ab_60_4_27_15.pdf

AB 60 is a new California state law which is applicable in the state of California only. Effective date is January 02 2015. This information could be useful for those residents of California who have no legal immigrant status. This new law authorizes issuance of a AB 60 driver's license to immigrants residing in California out of status or undocumented immigrants. This AB 60 driver's license is a valid state photo ID document and a valid driving permit. However, it's not a federal ID document and should not be used to board planes, etc.

MyUSCIS - a new webportal launched by USCIS.

4/28/2015

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

Why should you schedule legal consultation with an attorney. Why an attorney can't give you free legal advice and answer your questions on a spot when you call law office.

4/21/2015

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.

Judge places temporary injunction on DACA & DAPA executive action programs: expanded DACA and DAPA are placed on hold. Until further notice, only original DACA program stays in effect.

2/17/2015

(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."

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

DHS USCIS is preparing for millions of new DAPA and DACA applications in year 2015. USCIS is hiring 1,000 new employees.

2/4/2015

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 [email protected] .***

A group of 28 mayors to file an amicus brief in support of Obama's executive action on immigration or immigration reform, November 2014.

1/24/2015

A group of mayors of led by New York Mayor Bill de Blasio and Los Angeles' Eric Garcetti are coming to the defense of President Barack Obama on immigration.

Twenty-eight (28) mayors have signed on to file an amicus brief this coming Monday in support of Obama's November 2014 executive actions on immigration, which are currently the target of a lawsuit from 25 states, led by Texas. The suit aims to block the president'sdeportation relief policies that will apply to some undocumented young people as well as undocumented parents of U.S. citizens and legal permanent residents -- specifically, allowing them to stay in the country and work legally. Republicans in Congress are likewise seeking to block the programs.

Obama is backed by a dozen states and the District of Columbia, all of which filed an amicus brief earlier this month in support of the executive actions on immigration. The states in that brief were California, Connecticut, Hawaii, Illinois, Iowa, Maryland, Massachusetts, New Mexico, New York, Oregon, Vermont and Washington, along with the District of Columbia. Their amicus brief argues that new immigration policies announced by President Obama in November 2014 are legal and will have a positive impact.

The mayors' defense will be similar, arguing that Obama's executive actions serve the public interest. They will ask that the policies be allowed to move forward despite the lawsuit against them. Along with de Blasio and Garcetti, mayors from Washington, D.C., Chicago, Atlanta, Philadelphia, San Francisco and St. Louis were among those who signed on.

The amicus brief comes after a summit de Blasio hosted last month to discuss implementation of Obama's executive actions.

Here's the full list of mayors, according to a press release:

The following Mayors have signed on to the amicus brief:
Mayor Bill de Blasio, New York, New York
Mayor Eric Garcetti, Los Angeles, California
Mayor Kasim Reed, Atlanta, Georgia
Mayor Stephanie Rawlings-Blake, Baltimore, Maryland
Mayor Byron Browm, Buffalo, New York
Mayor Rahm Emanuel, Chicago, Illinois
Mayor Steve Benjamin, Columbia, South Carolina
Mayor Nan Whaley, Dayton, Ohio
Mayor Michael Hancock, Denver, Colorado
Mayor Muriel Bowser, Washington, D.C.
Mayor Pedro Segarra, Hartford, Connecticut
Mayor Annise Parker, Houston, Texas
Mayor Steven Fulop, Jersey City, New Jersey
Mayor Paul Soglin, Madison, Wisconsin
Mayor Ras Baraka, Newark, New Jersey
Mayor Michael Nutter, Philadelphia, Pennsylvania
Mayor Bill Peduto, Pittsburgh, Pennsylvania
Mayor Charles Hales, Portland, Oregon
Mayor John Dickert, Racine, Wisconsin
Mayor Tom Butt, Richmond, California
Mayor Lovely Warren, Rochester, New York
Mayor Ralph Becker, Salt Lake City, Utah
Mayor Ed Lee, San Francisco, California
Mayor Gary McCarthy, Schenectady, New York
Mayor Ed Murray, Seattle, Washington
Mayor Francis Slay, St. Louis, Missouri
Mayor Marilyn Strickland, Tacoma, Washington
Mayor Mike Spano, Yonkers, New York

The following mayors have expressed their support and will sign on to the brief, pending final local approvals:

Mayor Karen Majewski, Hamtramck, Michigan
Mayor Virg Bernero, Lansing, Michigan
Mayor Tom Barrett, Milwaukee, Wisconsin
Mayor Betsy Hodges, Minneapolis, Minnesota
Mayor Greg Stanton, Phoenix, Arizona

Read more at: http://www.huffingtonpost.com/2015/01/23/mayors-amicus-brief-immigration_n_6532926.html

DREAMERS or DACA grantees are permitted to get a driver's license or state photo ID in Arizona, a federal judge ruled.

1/23/2015

A U.S. federal judge has decided to make permanent an injunction overturning Arizona’s ban on issuing driver’s licenses to young immigrants who were brought to the United States illegally as children and granted Deferred Action status under new DACA program started by President Obama in 2012.

Judge issued the permanent injunction on Thursday, citing the “irreparable harm” caused to the young immigrants by not being able to have a license under an executive order issued by former Gov. Jan Brewer.

In the ruling, Judge Campbell cited examples of penalized immigrants, including one man unable to pursue a career as a firefighter because the local department required a license, and a graphic designer whose days were consumed by commuting by public transportation to meet clients.

These young immigrants, who were brought to the United States as children and grew up here, known as DREAMERS (or DACA grantees), were able to get driver’s licenses for the first time last month, after the United States Supreme Court let stand a decision by the United States Court of Appeals for the Ninth Circuit to stay the ban.

Read more at: http://www.nytimes.com/2015/01/23/us/politics/us-judge-says-dreamers-can-keep-drivers-licenses.html

Summary of DACA and DAPA deferred action programs: President Obama's November 20, 2014 announcement and executive action.

1/21/2015

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:

Came to the United States before reaching your 16th birthday;
Have continuously resided in the United States since January 1, 2010, up to the present time;
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;
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.

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
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:

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.

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
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