Shoba Sivaprasad Wadhia on Deferred Action

Shoba Sivaprasad Wadhia, the founder/director of Penn State’s Center for Immigrants’ Rights, has written a blog expressing her approval of the new immigration policy, calling the announcement made by Obama “a rare combination of good politics and good policy.”  Wadhia goes on to say that transparency is necessary when it comes to deferred action.  There should be a well-defined process for those who wish to apply for deferred action.  Transparency will ultimately lead to consistency in outcomes.  Wadhia also suggests that written decisions should be given to those who are denied deferred action.  

To read more of Wadhia's thoughts and suggestions on deferred action, please visit: http://lawprofessors.typepad.com/immigration/2012/06/deferred-action-in-immigration-law-the-next-generation-by-.html

Randall Caudle's Interview on Deferred Action on Politic365

Those who qualify for deferred action must be on the lookout for scammers known as “notarios,” who wish to steal money and time from the DREAM-act eligible immigrants.  Many notarios claim to hold the same power as immigration attorneys, but that could not be further from the truth.  Notarios often claim that they can help their clients through a faster process in receiving visas and green cards but it is all essentially a scam in order to steal money.  It is important to note that there is not yet a process in which a person can file for deferred action! Notarios are not attorneys and they cannot help a person who would like to receive deferred action.  According to Randall Caudle on http://politic365.com/2012/06/27/dream-act-related-fraud-already-running-rampant/, the only steps an individual can take at the moment are the following:

1.Collect documents that prove you were in the United States before June 15, 2007 and documents that prove you have been living in the United States continuously for the past five years.

2.Collect your passport and birth certificate.

3.Do not commit any crimes.

Further Information on the New Immigration Policy

Those are eligible for deferred action includes men and women who have been honorably discharged from the Coast Guard or Armed Forces.  It is important to note that an individual under the age of 31, who has been honorably discharged from the Coast Guard or Armed Forces, would also be eligible for naturalization, and not in need of deferred action.

An individual who has been convicted of a felony, significant misdemeanor, or three or more misdemeanors does not qualify for deferred action.  The Department of Homeland Security has not yet announced whether or not juvenile adjudications will be considered criminal convictions under deferred action.  One will also be denied deferred action if he/she appears to be a threat to national security or public safety; this includes gang and other criminal participation.

Since USCIS has not yet created a process for deferred action, we are still unsure of what will happen to those who were denied deferred action.  Applicants should be warned that by applying for deferred action, they are essentially documenting their removability to a government agency.   If a person is denied deferred action, this can ultimately start removal proceedings.

Other helpful facts:

Those who are under 15 years of age, but otherwise meet all of the requirements, may apply for deferred action once they are 15 years old.   

One who is denied deferred action may not appeal their case.  Instead they must call or email the ICE Office of the Public Advocate at 1-888-351-4024 or EROPublicAdvocate@ice.dhs.gov.

http://www.legalactioncenter.org/sites/default/files/dreamers_practice_advisory_6_28_12.pdf

New Details on Deferred Action!

Although the details of forms and fees are not yet known, it would be wise for those who would like to apply for deferred action to fill out the G-325A form from the USCIS website. You can download the form at the following link:  http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a0e747a55773d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

A birth certificate will most likely be needed to prove that an applicant is between 15 and 30 years old.  Although an applicant will be able to submit a passport, that will most likely not be enough evidence, seeing as though passports are often thought of as unreliable.

An individual who wishes to apply for deferred action must also prove that he/she lived in the US continuously between June 15, 2007 and June 15, 2012. School, employment, medical, immunization, and insurance records could all be used as evidence to prove that an individual continuously lived in the United States.  Rent/utility bills, assentations by churches or other organizations, passport entries, and social security records would also be helpful for this process.

There has still not been an announcement concerning the number of documents an applicant will need when being reviewed for deferred action, but it is believed that a combination of various documents from each year will be sufficient.  

If an applicant left the United States during June 15, 2007 through June 15, 20012, the applicant must prove that the leave was only for a short period of time.  Hotel receipts, passport entries, and evidence of the purpose of travel will all help in proving that the applicant’s trip was brief. 

For further information visit the following site:

http://entrylaw.com/images/Deferred_Action_Checklist.pdf 

Steps to Take while Waiting for Details on Deferred Action

No one has all the details on Obama's new immigration policy, but until the official word is released on how to apply, there are steps that one can take if he/she believes that they qualify for deferred action.  Keep gathering and collecting documents that prove that you came to America under the age of 16 and that you have resided in America for the past five years.  You will also need a birth certificate which will prove that you were under the age of 31 as of June 15, 2012.  Also, sign up for updates at http://action.dreamactivist.org/update/ which will keep you up to date on new information concerning the immigration policy.

For more information visit:
http://www.dreamactivist.org/8-things-you-can-do-while-we-await-uscis-implementation-of-deferred-status-for-dreamers/

Supreme Court Ruling on SB10

In 2010, Arizona Governor, Jan Brewer, signed Senate Bill 1070 which essentially gave police officers authority to pull over, stop, and question the legal status of any person who looked suspicious of being an undocumented immigrant. SB1070 also made it a state crime for undocumented immigrants to be in Arizona without a federal immigration document. Fortunately, over two years since Governor Brewer signed the bill, SB1070 has, for the most part, been shot down by the Supreme Court. First, the Supreme Court ruled against part 3 of SB1070, which makes it a misdemeanor for immigrants to fail to apply for immigration papers.  Second, the court ruled against section 5C, which makes it illegal for undocumented immigrants to work or seek work in Arizona.  Finally the Supreme Court ruled against section 6, which allowed state/local authorities to arrest non-citizen suspects who did not carry proper documentation, which could ultimately lead to deportation.  The Supreme Court did not over turn the fourth clause SB1070, which allows police officers who pull over a person for a crime, to question the legal status and ask for documentation.  Although this is not a total victory, it is not a total loss for those who live in Arizona without documentation.  This ruling is definitely a step in the right direction.  http://www.as-coa.org/articles/4246/Supreme_Court_Rules_on_SB_1070_amid_Immigration_Policy_Shift/

More Answers on Deferred Action

If you were curious or think you may be eligible for deferred action, you may be wondering about the details of the new immigration policy. If an individual is granted deferred action, he/she will also be able to apply to work in the United States. Deferred action lasts for two year increments, along with work authorization, and must be renewed at the end of those two years.  Since the new immigration policy was announced, there seems to have been many rumors.  Just remember that no one can apply for deferred action right now!  Those who wish to apply for deferred action must wait until August 13, 2012 to apply, when the process of the policy is announced.  Those who believe they are eligible for deferred action should not turn themselves into immigration in order to start the process of deferred action, since it will ultimately be useless.  By August 13, 2012, there will be a formal announcement informing the public on how to apply for deferred action. 

http://www.immigrationpolicy.org/sites/default/files/docs/deferred_action_for_dreamers_qa_062012.pdf

More Information for those who Qualify for Deferred Action

Those who wish to apply for deferred action should NOT do so until 60 days from June 15, 2012.  By August 13, 2012 the government will inform the public on the process of applying.  Until then, there are ways that individuals can prepare themselves for applying for deferred action.  If you believe that you can qualify for deferred action, gather documents, such as a passport, that prove that you were under the age of 31 as of June 15, 2012.  You must also have financial, medical, school, and employment records to prove that you entered the United States under the age of 16.  Lastly, collect school records such as diplomas, GED certificates, or documentation that proves that you are an honorable discharged member of the Armed Forces or Coast Guard.  

http://www.aila.org/content/default.aspx?docid=40233 

Obama's Immigration Policy is a Plan for Real Change

Last Friday was a victory for many DREAMers when President Obama announced plans for his new immigration policy.  Although it has not even been a week since the announcement, it is clear that these changes will ultimately be positive for the American people.  According to the San Francisco Chronicle, only 30% of potential voters disagreed with the President’s new immigration policy, while 64% of potential voters supported the change. Independent voters even backed the decision on a 2 to 1 ratio.  

This policy will give 800,000 undocumented immigrants the opportunity to legally live and work in the United States for two more years.  Many of this 800,000 will be college graduates and they will finally have the chance to contribute to society, through skilled jobs and taxes.  

Obama clearly has better plans for immigration reform especially when compared to Mitt Romney, who seems to have no real plan.  Romney seems to flip flop on issues of immigration although he has mentioned ideas such as “self deportation.”  Romney has not responded to Obama’s plan as he would like to win the Hispanic vote without upsetting conservative Republicans.  Obama’s policy for deferred action is a clear plan of action and therefore more effective and helpful for the United States.

 

http://www.sfgate.com/cgi-bin/article.cgi?f=/g/a/2012/06/19/bloomberg_articlesM5U06T6K50XS01-M5VEN.DTL