Category: Immigration Advice

Beware of Common Immigration Scams

12/7/2017

Form I-9 Scams.

USCIS had recently warned about a new scam, targeting employers. Employers received scam emails requesting Form I-9 information that appear to come from USCIS.

Please note that employers are not required to submit Forms I-9 to USCIS. Employers must have a Form I-9, Employment Eligibility Verification, for every person on their payroll who is required to complete Form I-9. All of these forms must be retained for a certain period of time. Visit I-9 Central to learn more about retention, storage and inspections for Form I-9.

These scam emails come from a fraudulent email address: news@uscis.gov. This is not a USCIS email address. The body of the email may contain USCIS and Office of the Inspector General labels, your address and a fraudulent download button that links to a non-government web address (uscis-online.org). Do not respond to these emails or click the links in them.

If you believe that you received a scam email requesting Form I-9 information from USCIS, report it to the Federal Trade Commission.

If you are not sure if it is a scam, forward the suspicious email to the USCIS webmaster. USCIS will review the emails received and share with law enforcement agencies as appropriate.

Payments by Phone or Email

USCIS will never ask you to transfer money to an individual. They do not accept Western Union or PayPal as payment for immigration fees. In addition, USCIS will never ask you to pay fees to a person on the phone or by email. You can pay some immigration fees online only if you use myUSCIS.
Remember:

When you send your application by mail, pay your immigration fees with a check or money order. Write “Department of Homeland Security” on the “Pay to the Order of” line.
Applying for U.S. citizenship? You can now pay fees for Form N-400, Application for Naturalization, with a credit card. To pay Form N-400 fees with a credit card, you will need G-1450, Authorization for Credit Card Transaction
You can also pay with a credit card in any domestic field office that accepts payments. You can learn more on our Paying Immigration Fees Web page

Winning the Green Card Lottery

The U.S. Department of State (State Department) manages the Diversity Visa Program, also known as the Lottery Visa or Green Card Visa. The State Department will never email you about being selected in the Diversity Immigrant Visa Program.
Go to the State Department’s website to read more about how they notify selectees.

Scam Websites

Some websites claim to be affiliated with USCIS and offer step-by-step guidance on completing a USCIS application or petition. Make sure your information is from uscis.gov or is affiliated with uscis.gov. Make sure your information is from uscis.gov or is affiliated with uscis.gov. Make sure the website address ends with .gov.

Please remember that USCIS will never ask you to pay to download USCIS forms. USCIS forms are always free on uscis.gov website.

Scams Targeting Foreign Students.

If you are an international student outside of the U.S. and want to come to the U.S. for education, make sure you are applying to an accredited college or university. Look for your school on the Council for Higher Education web page.

You must have a Form I-20, Certificate of Eligibility for Nonimmigrant Student Status, to travel. After you are accepted into a Student and Exchange Visitor Program (SEVP)-certified school, a designated school official will either give you:

Form I-20, Certificate of Eligibility for Nonimmigrant (F-1) Student Status –For Academic and Language Students, or
Form I-20, Certificate of Eligibility for Nonimmigrant (M-1) Student Status –For Vocational Students

Schools that are not accredited cannot sponsor you for an F-1 student visa.
Additional information on the Form I-20 is available on DHS’ website studyinthestates.dhs.gov or on our website on the Students and Employment page.

“Notarios Públicos” Scam

In many Latin American countries, the term “notario publico” (which is Spanish for “notary public”) means something very different than what it means in the United States. In many Spanish-speaking nations, “notarios” are powerful attorneys with special "extra" 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. A notario publico is not an attorney, and is not authorized to provide you with any legal services related to immigration. Some attorneys might be notaries, but not all notaries are attorneys. Only an attorney or an accredited representative working for a Department of Justice (DOJ)-recognized organization can give you legal advice.

Read more here.

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I-601A Provisional Waiver Update: How to Avoid Rejection

3/23/2017

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In recent months, we have heard from many people whose applications for a provisional waiver, I-601A, were rejected for some technical and easily avoidable reason. USCIS had reported that they have seen an increase in rejections of Forms I-601A, Application for Provisional Unlawful Presence Waiver.

Please remember that if you are requesting a provisional unlawful presence waiver, you must file the current version of Form I-601A with the proper fee(s) and in accordance with the form instructions.
When submitting Form I-601A, please make sure you:

Submit the most current version of Form I-601A (update 04/2019: current edition is 02/13/2019)

Complete all required fields and sign the form.
Submit the proper filing fee of $630.(as of 2017). If you are younger than 79, you must also pay $85 for biometric services (for I-601A)

Also, you must submit:

A printout from the Electronic Diversity Visa Entrant Status Check page at dvlottery.state.gov confirming that you are a DV Program selectee or derivative

The U.S. Department of State (DOS) National Visa Center immigrant visa processing fee receipt showing you have paid the fee in full.

Note: Documents such as the Immigrant Visa Application Processing Fee Bill Invoice, Affidavit of Support (AOS) Fee receipt or a receipt showing the payment is in process are not accepted and could cause delays in processing your case. You must provide a proof that you paid the immigrant visa fee and the payment was processed.

To ensure that you application is approved, it is your burden, as an applicant, to provide sufficient evidence of extreme hardship, relationship and other supporting documents.

These are all issues that are easy to correct. Do not place yourself in the situation where your application is rejected for a silly and easily avoidable reason, or denied for lack of evidence and supporting documentation. If you need legal advice, want to schedule a consultation or want to hire an attorney, please email us and we will get back to you to schedule the best time to talk on the phone or video chat.

Previously, we posted additional information about filing a provisional waiver application on our blog here, and here and linked to the ILRC practice advisory here. USCIS Practice Manual is here.

Briefly in Russian:

Напоминание о том как избежать отказа в заявлении на вейвер, по английски extreme hardship waiver USCIS форма заявления I-601 и provisional waiver USCIS форма заявления I-601A.

Используйте самое последнее и действительное издание формы. В настоящее время (04-2019) это издание, датированное 13 февраля 2019 г.
Перед подачей заявления обязательно проверьте правильную ли форму вы заполнили и уточните сумму госпошлины.
Приложите чек на правильную сумму за форму I-601A. В настоящее время госпошлина составляет 630 долларов, плюс 85 долларов за отпечатки пальцев, если вам нет 79 лет.
Заполните все графы и ответьте правильно на все вопросы в заявлении.
Приложите все сопутствующие документы и доказательства. Именно для этого, чтобы правильно организовать и представить ваши доказательства, разумно проконсультироваться или нанять адвоката для помощи в ведении дела. Мы оказываем услуги по вейверам и предоставляем платные консультации тем клиентам, кому нужен совет адвоката. Для того, чтобы назначить время и дату консультации, свяжитесь с нами по электронной почте.
Помните - это ваша обязанность доказать, что вам должны утвердить вейвер. Вам не обязаны утвердить, а могут утвердить ваше заявление на вейвер, ЕСЛИ вы докажете, что "more likely than not" ваш родственник будет в экстремальной ситуации если вам не дадут вейвер и не разрешат вернуться в США. Стандарт в таких делах - preponderance of the evidence.
Помните, что ваши дети не являются теми родственниками, на ущерб которым вы опираетесь в своем заявлении. Вашим родственником может быть муж, жена, отец, мать - американские граждане или постоянные жители США (но не дети). У вас может быть более одного родственника. Родственник, ущерб которому вы описываете, может быть другой, не тот, кто подал на вас петицию I-130.
Вы обязаны приложить доказательство того, что вы уже оплатили пошлину за иммиграционную визу или же распечатать уведомление о том, что вас выбрали как победителя лотереи грин карт.
В последние несколько лет произошли большие изменения в области вейвера I-601 и I-601A. За время новой администрации с 2017 года пока не было никаких существенных изменений в этой области иммиграционного права.
Перед подачей, убедитесь, что вам нужен вейвер, что у вас есть соответствующий родственник, что вы соответствуете стандарту на вейвер и что у вас достаточно доказательств, и вы сможете грамотно аргументировать почему вам должны утвердить вейвер. Также убедитесь, что вы не подпадаете под "permanent bar", так как в этом случае вам вейвер не положен. Помните, что теперь получение вейвера возможно во всех семейных категориях, не только в категории immediate relative но и во всех family preference categories.
Если вам нужен совет и помощь адвоката, вы можете связаться с нами по этому адресу или нажмите линк внизу. Мы вам вышлем анкету и затем договоримся и времени и дате телефонной консультации.

Email to attorney

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DHS Publishes List of Jurisdictions Sanctuary Cities That Rejected ICE Immigrant Detainer Requests

3/20/2017

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On Monday, March 20, 2017, The Department of Homeland Security made good on a current administration's promise to publicly shame cities and counties that don't cooperate with federal immigration authorities, and to publish a list of Sanctuary Cities and Counties. The administration also stated that sanctuary jurisdictions will be denied federal funding.

Immigration and Customs Enforcement, ICE, released its first weekly list of local jails and jurisdictions that haven't honored so-called immigrant detainer requests.

Detainer requests on behalf of ICE go to cities and counties asking that local law enforcement hold an inmate who is in the country illegally and has been arrested or charged with a crime. The intent is to have such prisoners detained for up to 48 hours so that federal officials can decide whether to pick them up and deport them.

Such cities and counties, commonly described as "sanctuary jurisdictions," may not cooperate with the detainer requests for a variety of reasons. Some say that cooperating can undermine local trust in the police if immigrants are afraid that reporting a crime will result in their own deportation. Other jurisdictions cite court rulings that have cast doubt on the constitutionality of the detainers.

The list published today covers the period from January 28 to February 3, 2017. It comes during the week following President's executive order on the interior enforcement of the nation's immigration laws. The order directed DHS to compile and publicize a list "of criminal actions committed by aliens" and identify any jurisdiction that ignored any federal detainer requests.

The list covers the cases of 206 unnamed individuals who ICE says committed "notable criminal activity" and the jails from which they were released. (206 of ignored detainers represent less than 10 percent of the 3,083 detainer requests that were issued nationwide.)

The vast majority of the offenders are from Mexico and Central America. The jurisdictions listed include Los Angeles, Colorado, New York and Travis County, Texas.

ICE sanctuary jurisdictions list can be found here.

ICE Immigration Detainer to a local law enforcement is a request for a voluntary action

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DACA Update: as of March 01 2017 still valid

3/5/2017

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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

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DHS USCIS Memos: New Border and Interior Enforcement Immigration Policies

2/21/2017

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Image by Bryan Cox via AP

On February 20 and 21, 2017, DHS USCIS had published several Memorandums, Fact Sheets and Q&As at their official website, explaining changed border and interior immigration policies and priorities, following the executive branch's January 2017 executive orders.

Two USCIS Memorandums, both dated February 20, 2017, and signed by the DHS Secretary John Kelly, authorize CBP, ICE and USCIS to significantly increase interior and border enforcement efforts:

Border protection and enforcement, building the wall and hiring at least 10,000 more ICE agents; expedited removal will apply to a broader class of undocumented immigrants; changes to asylum application process and credible fear interview, intended to make it more difficult to get a grant of asylum; criminal sanctions for parents of unaccompanied children; anyone present in USA without a proper visa or status will be subject to deportation; changing old DHS removal priorities from criminal aliens to all undocumented aliens; DACA grantees are safe from deportation at present time.

Actions (Fact Sheet, 02/21/2017, Executive Order: Border Security and Immigration Enforcement Improvements ):

Enforcing the law. Under this executive order, with extremely limited exceptions, DHS will not exempt classes or categories of removal aliens from potential enforcement. All of those in violation of the immigration laws may be subject to enforcement proceedings, up to and including removal from the United States. The guidance makes clear, however, that ICE should prioritize several categories of removable aliens who have committed crimes, beginning with those convicted of a criminal offense.
Establishing policies regarding the apprehension and detention of aliens. U.S. Customs and Border Protection (CBP) and U.S. Immigration and Customs Enforcement (ICE) will release aliens from custody only under limited circumstances, such as when removing them from the country, when an alien obtains an order granting relief by statute, when it is determined that the alien is a U.S. citizen, legal permanent resident, refugee, or asylee, or that the alien holds another protected status, when an arriving alien has been found to have a credible fear of persecution or torture and the alien satisfactorily establishes his identity and that he is not a security or flight risk, or when otherwise required to do so by statute or order by a competent judicial or administrative authority.
Hiring more CBP agents and officers. CBP will immediately begin the process of hiring 5,000 additional Border Patrol agents, as well as 500 Air & Marine agents and officers, while ensuring consistency in training and standards.
Identifying and quantifying sources of aid to Mexico. The President has directed the heads of all executive departments to identify and quantify all sources of direct and indirect federal aid or assistance to the government of Mexico. DHS will identify all sources of aid for each of the last five fiscal years.
Expansion of the 287(g) program in the border region. Section 287(g) of the INA authorizes written agreements with a state or political subdivision to authorize qualified officers or employees to perform the functions of an immigration officer. Empowering state and local law enforcement agencies to assist in the enforcement of federal immigration law is critical to an effective enforcement strategy, and CBP and ICE will work with interested and eligible jurisdictions.
Commissioning a comprehensive study of border security. DHS will conduct a comprehensive study of the security of the southern border (air, land, and maritime) to identify vulnerabilities and provide recommendations to enhance border security. This will include all aspects of the current border security environment, including the availability of federal and state resources to develop and implement an effective border security strategy that will achieve complete operational control of the border.
Constructing and funding a border wall. DHS will immediately identify and allocate all sources of available funding for the planning, design, construction, and maintenance of a wall, including the attendant lighting, technology (including sensors), as well as patrol and access roads, and develop requirements for total ownership cost of this project.
Expanding expedited removal. The DHS Secretary has the authority to apply expedited removal provisions to aliens who have not been admitted or paroled into the United States, who are inadmissible, and who have not been continuously physically present in the United States for the two-year period immediately prior to the determination of their inadmissibility, so that such aliens are immediately removed unless the alien is an unaccompanied minor, intends to apply for asylum or has a fear of persecution or torture in their home country, or claims to have lawful immigration status. To date, expedited removal has been exercised only for aliens encountered within 100 air miles of the border and 14 days of entry, and aliens who arrived in the United States by sea other than at a port of entry. The Department will publish in the Federal Register a new Notice Designating Aliens Subject to Expedited Removal Under Section 235(b)(1)(a)(iii) of the Immigration and Nationality Act that expands the category of aliens subject to expedited removal to the extent the DHS Secretary determines is appropriate, and CBP and ICE are directed to conform the use of expedited removal procedures to the designations made in this notice upon its publication.
Returning aliens to contiguous countries. When aliens apprehended do not pose a risk of a subsequent illegal entry, returning them to the foreign contiguous territory from which they arrived, pending the outcome of removal proceedings, saves DHS detention and adjudication resources for other priority aliens. CBP and ICE personnel shall, to the extent lawful, appropriate and reasonably practicable, return such aliens to such territories pending their hearings.
Enhancing Asylum Referrals and Credible Fear Determinations. U.S. Citizenship and Immigration Services (USCIS) officers will conduct credible fear interviews in a manner that allows the interviewing officer to elicit all relevant information from the alien as is necessary to make a legally sufficient determination. USCIS will also increase the operational capacity of the Fraud Detection and National Security Directorate.
Allocating resources and personnel to the southern border for detention of aliens and adjudication of claims. CBP and ICE will allocate available resources to expand detention capabilities and capacities at or near the border with Mexico to the greatest extent practicable. CBP will focus on short-term detention of 72 hours or less; ICE will focus on all other detention capabilities.
Properly using parole authority. Parole into the United States will be used sparingly and only in cases where, after careful consideration of the circumstances, parole is needed because of demonstrated urgent humanitarian reasons or significant public benefit. Notwithstanding other more general implementation guidance, and pending further review by the Secretary and further guidance from the Director of ICE, the ICE policy directive with respect to parole for certain arriving aliens found to have a credible fear of persecution or torture shall remain in full force and effect.
Processing and treatment of unaccompanied alien minors encountered at the border. CBP, ICE, and USCIS will establish standardized review procedures to confirm that alien children who are initially determined to be unaccompanied alien children continue to fall within the statutory definition when being considered for the legal protections afforded to such children as they go through the removal process.
Putting into place accountability measures to protect alien children from exploitation and prevent abuses of immigration laws. The smuggling or trafficking of alien children into the United States puts those children at grave risk of violence and sexual exploitation. CBP and ICE will ensure the proper enforcement of our immigration laws against those who facilitate such smuggling or trafficking.
Prioritizing criminal prosecutions for immigration offenses committed at the border. To counter the ongoing threat to the security of the southern border, the directors of the Joint Task Forces-West, -East, and -Investigations, as well as the ICE-led Border Enforcement Security Task Forces (BESTs), are directed to plan and implement enhanced counter-network operations directed at disrupting transnational criminal organizations, focused on those involved in human smuggling.
Public Reporting of Border Apprehensions Data. In order to promote transparency, CBP and ICE will develop a standardized method for public reporting of statistical data regarding aliens apprehended at or near the border for violating the immigration law.

Actions (Fact Sheet, 02/21/2017: Enhancing Public Safety in the Interior of the United States)

Enforcing the law. Under this executive order, with extremely limited exceptions, DHS will not exempt classes or categories of removal aliens from potential enforcement. All of those in violation of the immigration laws may be subject to enforcement proceedings, up to and including removal from the United States. The guidance makes clear, however, that ICE should prioritize several categories of removable aliens who have committed crimes, beginning with those convicted of a criminal offense.
The Department’s Enforcement Priorities. Congress has defined the Department’s role and responsibilities regarding the enforcement of the immigration laws of the United States. Effective immediately, and consistent with Article II, Section 3 of the U.S. Constitution and Section 3331 of Title 5, U.S. Code, Department personnel shall faithfully execute the immigration laws of the United States against all removable aliens.
Strengthening Programs to Facilitate the Efficient and Faithful Execution of the Immigration Laws of the United States. Facilitating the efficient and faithful execution of the immigration laws of the United States—and prioritizing the Department’s resources—requires the use of all available systems and enforcement tools by Department personnel.
Exercise of Prosecutorial Discretion. Unless otherwise directed, Department personnel may initiate enforcement actions against removable aliens encountered during the performance of their official duties. Department personnel should act consistently with the President’s enforcement priorities as identified in his executive order and any further guidance issued by the director of ICE, the commissioner of CBP, and the director of USCIS prioritizing the removal of particularly dangerous aliens, such as convicted felons, gang members, and drug traffickers.
Establishing the Victims of Immigration Crime Engagement (VOICE) Office. The Victims of Immigration Crime Engagement (VOICE) Office within the Office of the Director of U.S. Immigration and Customs Enforcement (ICE) will create a programmatic liaison between ICE and the known victims of crimes committed by removable aliens. The liaison will facilitate engagement with the victims and their families to ensure, to the extent permitted by law, that they are provided with information about the offender, including the offender’s immigration status and custody status, and that their questions and concerns regarding immigration enforcement efforts are addressed.
Hiring Additional ICE Officers and Agents. To effectively enforce the immigration laws in the interior of the United States in accordance with the president’s directives, additional ICE agents and officers are necessary. The director of ICE shall—while ensuring consistency in training and standards—take all appropriate action to expeditiously hire 10,000 agents and officers, as well as additional mission support and legal staff necessary to support their activities.
Establishment of Programs to Collect Authorized Civil Fines and Penalties. As soon as practicable, the director of ICE, the commissioner of U.S. Customs and Border Protection (CBP), and the director of U.S. Citizenship and Immigration Services (USCIS) shall issue guidance and promulgate regulations, where required by law, to ensure the assessment and collection of all fines and penalties for which the Department is authorized under the law to assess and collect from removable aliens and from those who facilitate their unlawful presence in the United States.
Aligning the Department’s Privacy Policies with the Law. The Department will no longer afford Privacy Act rights and protections to persons who are neither U.S. citizens nor lawful permanent residents.
Collecting and Reporting Data on Alien Apprehensions and Releases. The collection of data regarding aliens apprehended by ICE and the disposition of their cases will assist in the development of agency performance metrics and provide transparency in the immigration enforcement mission.
No Private Right of Action. This document provides only internal DHS policy guidance, which may be modified, rescinded, or superseded at any time without notice.

QUESTIONS & ANSWERS.

Q20: How does the expansion of expedited removal account for those who may be eligible for immigration benefits?
A20: The Secretary’s intentions regarding expedited removal are under development and will be set forth and effective upon publication of a notice in the Federal Register.
Q21: How soon will DHS make changes to more closely align its use of the expedited removal authority with Congressional intent?
A21: DHS is working to issue appropriate parameters in which expedited removal in these kinds of cases will be used.

Q22: Is it true that DHS is going to make the threshold for meeting credible fear in asylum cases more difficult to meet?
A22: The goal of DHS is to ensure the asylum process is not abused. Generally speaking, to establish a credible fear of persecution, an alien must demonstrate that there is a “significant possibility” that the alien could establish eligibility for asylum, taking into account the credibility of the statements made by the alien in support of the claim and such other facts as are known to the officer.
Asylum officers are being directed to conduct credible fear interviews in a manner that allows the interviewing officer to elicit all relevant information from the alien as is necessary to make a legally sufficient determination. In determining whether the alien has demonstrated a significant possibility that the alien could establish eligibility for asylum or torture protection, the asylum officer shall consider the statements of the alien and determine the credibility of the alien’s statements made in support of his or her claim and shall consider other facts known to the officer, consistent with the statute.

Q23: How will the enhancements to asylum referrals and credible fear determinations under INA section 235(b)(1) affect the work of USCIS?
A23: The Secretary’s memorandum outlines several points:

The director of USCIS shall ensure that asylum officers conduct credible fear interviews in a manner that allows the interviewing officer to elicit all relevant information from the alien as is necessary to make a legally sufficient determination.
The director shall also increase the operational capacity of Fraud Detection and National Security (FDNS) and continue to strengthen its integration to support the Field Operations Directorate (FOD), Refugee Asylum and International Operations (RAIO), and Service Center Operations (SCOPS), consulting with Operational Policy and Strategy (OP&S) as appropriate.
The USCIS director, CBP commissioner, and ICE director shall review their agencies’ fraud detection, deterrence, and prevention measures and report to the Secretary within 90 days regarding fraud vulnerabilities in the asylum and benefits adjudication processes, and propose measures to enhance fraud detection, deterrence, and prevention.
The asylum officer, as part of making a credible fear finding, shall determine the credibility of statements made by the individual in support of his or her claim. This determination should include, but is not limited to, consideration of the statistical likelihood that the claim would be granted by the Department of Justice’s Executive Office for Immigration Review (EOIR).
The asylum officer shall make a positive credible fear finding only after the officer has considered all relevant evidence and determined, based on credible evidence, that the alien has a significant possibility of establishing eligibility for asylum, or for withholding or deferral of removal under the Convention Against Torture, based on established legal authority.

Q25: Is it true that in cases of UACs (unaccompanied children) who travel to the U.S. to reunite with a parent, if a parent is identified by ORR as an appropriate guardian, that parent could also be prosecuted for possibly having their child smuggled into the U.S.?

A25: Correct. The parents and family members of these children, who are often illegally present in the United States, often pay smugglers several thousand dollars to bring their children into this country. Tragically, many of these children fall victim to robbery, extortion, kidnapping, sexual assault, and other crimes of violence by the smugglers and other criminal elements along the dangerous journey through Mexico to the United States. Regardless of the desires for family reunification, or conditions in other countries, the smuggling or trafficking of alien children is intolerable. Accordingly, DHS shall ensure the proper enforcement of our immigration laws against those who—directly or indirectly—facilitate the smuggling or trafficking of alien children into the United States. This includes placing parents or guardian who are removable aliens into removal proceedings, or referring such individuals for criminal prosecution, as appropriate.
and report to the Secretary within 90 days regarding fraud vulnerabilities in the asylum and benefits adjudication processes, and propose measures to enhance fraud detection, deterrence, and prevention.

Q12: Will ICE still be hiring the 10,000 officers called for in the executive orders?
A12: ICE is currently developing a hiring plan.

Q13: What is the 287(g) program and how will it be used by ICE?A13: The 287(g) program allows local law enforcement agencies to participate as an active partner in identifying criminal aliens in their custody, and placing ICE detainers on these individuals. ... To strengthen the 287(g) program, ICE field leadership has begun examining local operational needs and liaising with potential 287(g) partners and will collaborate with CBP in these efforts. Existing 287(g) applications are also undergoing an expedited review process.

Q14: Are 287(g) officers now going to do ICE’s job?A14: The 287(g) program, one of ICE’s top partnership initiatives, enables state and local law enforcement agencies to enter into a partnership with ICE, under a joint memorandum of agreement. The state or local entity receives delegated authority for immigration enforcement within their jurisdictions.

Q15: When will 287(g) task force agreements be available to local jurisdictions? Will these new task force agreements be modeled after the previously canceled task force model?A15: ICE and CBP will be is developing a strategy to further expand the 287(g) Program, to include types of 287(g) programs, locations, and recruitment strategies. ... Existing 287(g) applications are also undergoing an expedited review process. ...

Q16: How will ICE accommodate an immigration judge in each of its facilities? How about asylum officers?A16: ICE is working with the Department of Justice Executive Office for Immigration Review and U.S. Citizenship and Immigration Services to review current procedures and resources in order to identify efficiencies and best practices to improve the system. Most dedicated detention facilities already house immigration courts and have enough space to accommodate asylum officers. ICE is also seeking to increase the use of technology, mainly through the use of video teleconferencing, in locations with insufficient space or staffing.

Q&A: DHS Implementation of the Executive Order on Enhancing Public Safety in the Interior of the United States Release Date: February 21, 2017

Q2: How is ICE conducting interior enforcement operations based on this executive order?A2: Effective immediately, ICE will direct its personnel as well as its state and local partners through the 287(g) program to apply the enforcement priorities stated in Executive Order No. 13768.
To that end, within 180 days, ICE will carry out a number of actions to implement the enforcement priorities stated in the executive order. Some of those actions include, but are not limited to, conducting targeted enforcement operations and allocating resources to work in jurisdictions with violent crime tied to gang activities.

Q3: Does this new memoranda substantively change the authority of immigration enforcement officers throughout DHS to exercise traditional law enforcement discretion?A3: DHS officers and agents maintain discretion to determine which action(s) to take against removable aliens, but they have been provided with additional guidance by the president and secretary.

Q5: What are ICE’s priorities under this executive order?A5: Under this Executive Order, ICE will not exempt classes or categories of removal aliens from potential enforcement. All of those in violation of the immigration laws may be subject to immigration arrest, detention and, if found removable by final order, removal from the United States.

Q14: When is the Priority Enforcement Program (PEP) being terminated (Previous Administration's policy)?
A14: ICE has terminated the Priority Enforcement Program (PEP) and restored Secure Communities, directing its personnel to take enforcement action consistent with the priorities set forth in the executive orders.

Q18: What threshold of abuse of a public benefit program will render someone removable?
A18: Those who have knowingly defrauded the government or a public benefit system will be priority enforcement targets.

Q22: Do these memoranda affect recipients of Deferred Action for Childhood Arrivals (DACA)?
A22: No. (Presently, new immigration enforcement policies do not affect DACA grantees. However, there have been recent arrests of DACA grantees)

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What is Expedited Removal? Who is Subject to Expedited Removal from USA?

2/20/2017

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Expedited removal is a procedure that allows a Department of Homeland Security (DHS) official to summarily remove a noncitizen without a hearing before an immigration judge or review by the Board of Immigration Appeals (BIA). See 8 U.S.C. § 1225(b)(1).

Under the Immigration and Nationality Act (INA), any individual who arrives at a port of entry in the United States and who is inadmissible under either 8 U.S.C. § 1182(a)(6)(C) (misrepresentations and false claims to U.S. citizenship) or § 1182(a)(7) (lack of valid entry documents), is subject to expedited removal. See 8 U.S.C. § 1225(b)(1)(A)(i).

Additionally, the Secretary of DHS has the authority to apply expedited removal to any individual apprehended at a place other than a port of entry, who is inadmissible under either of those grounds, has not been admitted or paroled, and cannot show that he or she has been continuously present in the United States for two or more years. See 8 U.S.C. §§ 1225(b)(1)(A)(i), (iii).

A detailed 12-page Expedited Removal Guidance dated 02-17-2017 from National Immigration Project, ACLU, and American Immigration Council can be seen here. EXPEDITED REMOVAL: WHAT HAS CHANGED SINCE EXECUTIVE ORDER NO. 13767, BORDER SECURITY AND IMMIGRATION ENFORCEMENT IMPROVEMENTS (ISSUED ON JANUARY 25, 2017).

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January 2017 Executive Orders on Immigration: Advisory, Know Your Rights

2/1/2017

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On January 25 and 27, 2017, President signed several Executive Orders. Here are the links to full text of three Executive Orders on Immigration:

Executive Order Number 1 concerns building a wall along the 2,000 mile border between the US and Mexico.

Executive Order Number 2 would prioritize the deportation or removal of criminals from USA. It would also compel state and local agencies to participate in federal deportation program, by targeting so called Sanctuary Cities, Districts, states. If a sanctuary city doesn't comply, the federal funding can be cut off. Lawsuits are expected to follow. Some jurisdictions, such as, for example, Miami, already declared that they are abolishing their sanctuary city status.

Executive Order Number 3 immediately (1) Implemented a travel ban from seven designated predominantly Muslim countries for 90 days (Iran; Iraq; Libya; Somalia; Sudan; Syria; and Yemen); (2) suspended refugee admissions from all countries of the world for 120 days; (3) indefinitely suspended admission for nationals of Syria, and (4) suspends interview waivers at US consulates abroad.

On Monday January 30, 2017, the USCIS has announced that it will put a hold on all applications and petitions benefitting citizens/nationals of the 7 countries (Iran; Iraq; Libya; Somalia; Sudan; Syria; and Yemen), be they in the US or abroad. That means that a green card holder from one of seven countries cannot be sworn in as a US citizen, or a work permit can't be approved, or a green card application can't be approved -- even if a person was already interviewed, and there are no issues with the person's background and he/she is otherwise eligible for a green card, work permit, visa or US citizenship. Because a person is a "national" of one of the seven countries, his or her application will be placed on hold "until further notice".

The US Department of State had stopped issuing any visas to nationals from the seven enumerated countries: Iran; Iraq; Libya; Somalia; Sudan; Syria; and Yemen.

If you are a national of one of the seven countries, even if you were already issued a visa, you are no longer able to travel to USA on a that visa while this ban remains in place. Effective January 27, 2017, US Department of State had "provisionally revoked" all visas issued to the nationals of seven countries (click here to read the DoS memorandum).

Even if a national of one of the seven countries has a passport from another "unrestricted" country (dual citizenship), he or she will not be allowed to travel to USA while the ban is in place. (Update: on Feb 2, 2017, DOS issued a clarification on dual nationals: "We will continue to issue nonimmigrant and immigrant visas to otherwise eligible visa applicants who apply with a passport from an unrestricted country, even if they hold dual nationality from one of the seven restricted countries.")

The executive order also suspends the “interview waiver” program at US consulates abroad. However, ESTA or the Visa Waiver Program is not directly impacted by the new executive order. The “interview waiver” program is a policy whereby some foreign nationals applying for a renewal of a visa abroad are exempt from an in person interview at US consulates since they have been previously screened. By eliminating the interview waiver program, interview wait times at US consulates will likely increase.

The executive order also suspends all refugee admissions for 120 days and indefinitely suspends admission of Syrian refugees for an undefined amount of time. During the 120 days, government agencies are instructed to implement new procedures to help secure the “national interest.”

Upon resumption of the refugee program, the executive order instructs the government to prioritize admission of Christians over other religions, which will result in more lawsuits to follow.

Yes, the executive order still applies to lawful permanent residents. Please keep in mind that the ban was not cancelled but merely modified as it applies to green card holders nationals of one of the seven enumerated countries.

As of result of litigation, on Sunday, January 29, 2017 DHS stated that permanent residents are allowed to board planes and come to the US, but will undergo additional secondary inspection screening upon their entry. The same day DHS issued a statement stating that allowing permanent residents to enter the US on a “case by case basis” is in the “national interest” but that permanent residents will continue to undergo increased interrogation. Even after DHS’ announcement softening how the ban applies to permanent residents, anyone returning from one of the seven designated countries should anticipate increased interrogation, potential detention and long delays when returning from trips abroad.

Please see our previous posts on executive orders on travel ban and about sanctuary cities here.

A draft copy of a 4th unsigned Executive Order entitled “Protecting American Jobs and Workers by Strengthening the Integrity of Foreign Worker Visa Program” was made available at some websites. This Order would impact the H-1B and H-4 EAD programs, provide for site visits to L-1 employers and expand the E-Verify Program. It will change the way the H-1B Lottery is operated, giving preference to "the best and the brightest" applicants with the degree from the US university and higher salary.

A good article about the H-1B visas could be found here.

ADVISORY or GUIDANCE for Lawful Permanent Residents of USA, Dual Citizens, People with Pending Applications, Workers, Students and Visitors to the United States:

If you are from one of the seven countries listed above, do not leave the country unless you do not plan to return to the USA.
If you are a lawful permanent resident (a green card holder) from one of the seven countries, beware that the ban also applies to you. The ban was merely modified by DHS. On 01-29-2017, the DHS clarified that they will allow permanent residents to enter the US on a “case by case basis” is in the “national interest” but that permanent residents will continue to undergo increased interrogation and secondary inspection (therefore, they can be denied re-admission to USA). Read our guidance on what to do if you are being denied admission at the airport and the CBP agent tries to take away your green card.
If you are from a Muslim country, remember that your country also maybe added to the list of the "banned countries" while you are outside of the USA.
If you are a national from one of the seven countries, and have a visa in your passport, your visa was "provisionally revoked" by the US Dept of State effective 01-27-2017, which means your visa was made invalid and you can't travel to USA.
If you are have a pending application/petition for immigration benefits with USCIS and you are from one of the 7 countries, your application will be placed on hold. At this time, this hold is indefinite or "until further notice". It might be possible to file a Petition for a Writ of Mandamus in Federal Court to try to force the government to take action on your pending application/petition.
If you are from a Muslim country which is not on the List of 7, you may want to file your application for immigration benefits now before your country is added to the list of banned countries.
If you are a green card holder, no matter what country you were born in, you may be wish to apply for naturalization as soon as possible in order to assure that you will be able to travel abroad and can always return to your home in USA in the future.
If you are present in the US on temporary visa and wish to extend or change your status, consult an attorney before filing any application.
If you are undocumented, see an immigration attorney to see if there are any possibilities for you to apply for lawful status.
If you plan to sponsor a relative for a green card, do so immediately as the family-based categories may be severely restricted in the future.
If you are on a temporary working visa and wish to apply for a green card, ask your employer to sponsor you now before it's too late.
If you are a dual citizen from one of the seven countries and any other country (except USA), you are not allowed to travel to USA. (Update: on Feb 2, 2017, DOS issued a clarification on dual nationals: "We will continue to issue nonimmigrant and immigrant visas to otherwise eligible visa applicants who apply with a passport from an unrestricted country, even if they hold dual nationality from one of the seven restricted countries.")
Even if you are a lawful permanent resident of USA and plan to travel internationally or plan to return to USA after a trip abroad, you should consult an attorney.
The EO also suspends the “interview waiver” program at US consulates abroad. Importantly, ESTA or the Visa Waiver Program is not directly impacted by the new EO. The “interview waiver” program is a policy whereby some foreign nationals applying for a renewal of a visa abroad are exempt from an in person interview at US consulates since they have been previously screened. By eliminating the interview waiver program, interview wait times at US consulates will likely increase.

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Beware of Common Immigration Scams

I-601A Provisional Waiver Update: How to Avoid Rejection

DHS Publishes List of Jurisdictions Sanctuary Cities That Rejected ICE Immigrant Detainer Requests

DACA Update: as of March 01 2017 still valid

DHS USCIS Memos: New Border and Interior Enforcement Immigration Policies

What is Expedited Removal? Who is Subject to Expedited Removal from USA?

January 2017 Executive Orders on Immigration: Advisory, Know Your Rights

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Beware of Common Immigration Scams

I-601A Provisional Waiver Update: How to Avoid Rejection

DHS Publishes List of Jurisdictions Sanctuary Cities That Rejected ICE Immigrant Detainer Requests

DACA Update: as of March 01 2017 still valid

DHS USCIS Memos: New Border and Interior Enforcement Immigration Policies

﻿What is Expedited Removal? Who is Subject to Expedited Removal from USA?

January 2017 Executive Orders on Immigration: Advisory, Know Your Rights

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What is Expedited Removal? Who is Subject to Expedited Removal from USA?