Category Archive Dream Act DACA Deferred Action

ByPhillip Kim

Obama Wants to Issue Work Permits to Undocumented Immigrants before November Mid-Term Elections

Even as they grapple with an immigration crisis at the border, White House officials are making plans to act before November’s mid-term elections to grant work permits to potentially millions of immigrants who are in this country illegally, allowing them to stay in the United States without threat of deportation, according to advocates and lawmakers in touch with the administration.

Such a large-scale move on immigration could scramble election-year politics and lead some conservative Republicans to push for impeachment proceedings against President Barack Obama, a prospect White House officials have openly discussed.

Yet there’s little sign that the urgent humanitarian situation in South Texas, where unaccompanied minors have been showing up by the tens of thousands from Central America, has impeded Obama from making plans to address some portion of the 11.5 million immigrants now in this country illegally. Obama announced late last month that congressional efforts to remake the nation’s dysfunctional immigration system were dead and he would proceed on his own authority to fix the system where he could.

Since then he’s asked Congress for $3.7 billion to deal with the crisis of unaccompanied youths, a request that’s gone unmet even as the House and the Senate scramble to see if they can vote on some solution to the crisis this week before adjourning for their annual August recess.

Meanwhile, White House officials led by Domestic Policy Council Director Cecilia Munoz and White House Counsel Neil Eggleston, along with Homeland Security Secretary Jeh Johnson, have been working to chart a plan on executive actions Obama could take, hosting frequent meetings with interest groups and listening to recommendations from immigration advocates, law enforcement officials, religious leaders, Hispanic lawmakers and others.

Advocates and lawmakers who were in separate meetings Friday said that administration officials are weighing a range of options including reforms to the deportation system and ways to grant relief from deportation to targeted populations in the country, likely by expanding Obama’s two-year-old directive that granted work permits to certain immigrants brought here illegally as youths. That program, called Deferred Action for Childhood Arrivals, or DACA, has been extended to more than 500,000 immigrants so far.

Advocates would like to see deferred action made available to anyone who would have been eligible for eventual citizenship under a comprehensive immigration bill the Senate passed last year, which would be around 9 million people. But Obama told them in a meeting a month ago to “right-size” expectations, even as he pledged to be aggressive in steps he does take.

That’s led advocates to focus on other populations Obama might address, including parents or legal guardians of U.S. citizen children (around 3.8 million people as of 2009, according to an analysis by Pew Research’s Hispanic Trends Project) and parents or legal guardians of DACA recipients (perhaps 500,000 to 1 million people, according to the Fair Immigration Reform Movement).

“Our parents deserve to live without the fear of deportation,” Maria Praeli, a 21-year-old who came to the United States from Peru 16 years ago, said at a protest outside the White House on Monday. “It is time for the president to go big and to go bold.”

Another focus could be the potentially hundreds of thousands of people who might be eligible for green cards today if current law didn’t require them to leave the country for 10 years before applying for one.

At the same time, the U.S. Chamber of Commerce says it is actively working to determine whether there are steps Obama could take by executive action that could help the business community.

For Obama, the political repercussions of broad executive action on immigration could be unpredictable, and extreme.

Republicans are warning he could provoke a constitutional crisis.

“It would be an affront to the people of this country which they will never forgive, it would be a permanent stain on your presidency,” Sen. Jeff Sessions, R-Ala., said on the Senate floor Monday, while urging language to block such executive action be made part of any legislation to address the border crisis.

House Judiciary Committee Chairman Bob Goodlatte, R-Va., announced plans to use an oversight hearing on the U.S. Citizenship and Immigration Services agency Tuesday to raise questions about Obama’s plans, which he warned could “worsen the border crisis and encourage many more to come.”

On the other side, some Democrats have debated the best timing for Obama to take executive action, raising questions as to whether acting before the midterms could hurt vulnerable Senate Democrats in close races while boosting turnout among the GOP base.

But liberal advocates noted that Obama’s move on deferred action two years ago gave him a boost heading into his re-election and could help this year with Latino voters discouraged over the failure of immigration reform legislation and record-high deportations on Obama’s watch. Republicans would be in a position of deciding whether to come out in favor of deporting sympathetic groups, such as parents, and many liberals say impeachment talk would only shore up Democratic base voters.

“Most Democrats will be thrilled” if Obama acts boldly on immigration, said Frank Sharry, executive director of America’s Voice, a leading advocacy group. “And Republicans will keep lurching to the right and cementing their reputation as the anti-immigrant party.”

(From AP and Yahoo News)

ByPhillip Kim

Prevent Removal from Deferred Action for Childhood Arrivals (DACA)

Deferred Action for Childhood Arrivals (DACA) is a provision to allow those who meet the specific USCIS guidelines to be deferred from removal and possibly be eligible for employment authorization.

You may be considered for DACA if:

– you came to the United States before age 16
– you’ve resided in the U.S. since June 15, 2012
– you were under age 31 on June 15, 2012
– you entered the U.S. without inspection before June 15 or your lawful immigration status expired by June 15, 2012
– you attend school, have graduated from high school, or are an honorably discharged veteran
– you have not committed a crime
– you were physically present on June 15, 2012 at the time of requesting for DACA.

Upon obtaining evidence for these requirements, file your application for DACA, submit biometrics/fingerprinting, and continue checking the status of your application.

ByPhillip Kim

Will Democrats and Republicans Agree on Immigration Reform?

supreme-court---washington-d-c---landmark--justice_19-111738

Both Democrats and Republicans agree that America needs a solution to the illegal immigration problem, but each party has a different opinion on the new immigration reform bill, a measure to eventually grant citizenship to the 11 million undocumented immigrants.

Democrats believe undocumented citizens should be able to obtain citizenship if, after ten years, they register, pay taxes, do not received government benefits, and have no severe criminal records. They agree that if illegal immigrants are able to fulfill those requirements, then their citizenship will not be considered amnesty.

Republicans stress the importance of one criterion—to tighten border security. They claim that we would not have such a serious immigration issue if we had enforced border security back when illegal immigrants were 3 million, much less than what we have today. Some say they cannot agree with the immigration reform bill proposed because although they claim border security will be bolstered, it may not be actually enforced.

Although both parties may not agree with each other’s points, they both agree that something needs to be done about illegal immigration now.

ByPhillip Kim

Facing Deportation and Removal—What You Can Do

68948_law_series_4

If you have violated immigration law, you may be subject to deportation or removal proceedings. For illegal U.S. residents who were removed just once, there is a 3 year period that you are barred from re-entering the U.S. For long periods of undocumented U.S. residence or multiple removal offenses, the period of time that you are not admissible to immigrate to the U.S. can grow to up to 20 years.

Immigrants may be detained (jailed) for violations of current immigration law. The minimum bail you will be facing if detained on an immigration hold is $1,500 although it could be more depending on any other criminal record. If you are living in an area participating in the Department of Homeland Security’s Secure Communities Program, immigrants with criminal histories may be deported.

If you are not yet in court proceedings for your removal with the Board of Immigration Appeals, you may have some particular options for avoiding deportation. Some applicants may be allowed to withdraw their application for permanent residence without the consequence of deportation.

Applicants facing deportation may also have the option of voluntarily departing the U.S. While voluntary departure does result in you leaving the U.S., immigrants who voluntarily depart are not subject to the periods of waiting before they can re-enter the U.S.

If you are currently in formal removal proceedings with the Department of Justice Board of Immigration Appeals (BIA) and/or Immigration and Customs Enforcement, you may have the option of having your deportation cancelled. If you have been a long-term resident of the U.S. and can demonstrate, using the proper U.S. Citizenship and Immigration Services waiver, that your deportation would cause your spouse or parents extreme hardship, your deportation may be cancelled. You may also need to file other waivers that support or assert your admissibility for residence in the U.S.

Refugees, Asylees, and battered spouses and children can be subject to removal proceedings for being in violation of immigration law. However, you cannot be deported while your application for asylum is pending. Refugees and asylees will not be deported. However, if your asylum is cancelled or suspended at any time, your removal proceedings may resume.

ByPhillip Kim

Getting U.S. Citizenship Through Naturalization

to-sign-a-contract_21221951

U.S. citizenship provides many rights, but also involves many responsibilities. Thus, the decision to become a U.S. citizen through naturalization is important. By becoming a U.S. citizen, you gain many rights that permanent residents or others do not have, including the right to vote. To be eligible for naturalization, you must first meet certain requirements set by U.S. law.

Requirements to be eligible for naturalization include being age 18 or older, being a permanent resident for a certain time period, having good moral character, having a basic knowledge of the U.S. government, having continuous residence in the U.S., and being able to communicate English (with some exceptions).

So when is it possible to apply for naturalization?

One may be able to apply for naturalization if he/she is at least 18 years of age and have been a permanent resident either for at least 5 years, at least 3 years (during which you have been in a marriage relationship with your U.S. citizen husband or wife), or have honorable service in the U.S. military. Certain spouses of U.S. citizens and/or members of the military may be able to file for naturalization sooner than noted above.

To learn more about the naturalization process and take the first step in applying for U.S. citizenship, contact attorney Phillip Kim for specialized help tailored to your needs.

ByPhillip Kim

DACA Deferred Action for Childhood Arrivals Process

DACA Deferred Action for Childhood Arrivals Process
You may request consideration of deferred action for childhood arrivals if you:

Were under the age of 31 as of June 15, 2012;
Came to the United States before reaching your 16th birthday;
Have continuously resided in the United States since June 15, 2007, 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;
Entered without inspection before June 15, 2012, or your lawful immigration status 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 education 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, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.
Age Requirements

Anyone requesting consideration for deferred action under this process must have been under 31 years old as of June 15, 2012. You must also be at least 15 years or older to request deferred action, unless you are currently in removal proceedings or have a final removal or voluntary departure order, as summarized in the table below:

Your situation Required age
I have never been in removal proceedings, or my proceedings have been terminated before making my request. At least 15 years old at the time of submitting your request and not over 31 years of age as of June 15, 2012.
I am in removal proceedings, have a final removal order, or have a voluntary departure order, and I am not in immigration detention.

Not above the age of 31 as of June 15, 2012, but you may be younger than 15 years old at the time you submit your request.
Timeframe for Meeting the Guidelines

You must prove
That on June 15, 2012 you As of the date you file your request you
Were under 31 years old
Had come to the United States before your 16th birthday
Were physically present in the United States
Entered without inspection by this date, or your lawful immigration status expired as of this date
Have resided continuously in the U.S. since June 15, 2007;
Were physically present in the United States; and
Are in school, have graduated from high school in the United States, or have a GED; or
Are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States
Education and Military Service Guidelines

Your school or military status at the time of requesting deferred action under this process Meet education or military service guidelines for deferred action under this process (Y/N)
I graduated from:

Public or private high school; or
Secondary school.
Or
I have obtained a GED.
Yes
I am currently enrolled in school.

See www.uscis.gov for more information.
If you need help on filing, contact (619) 752-5379, PKimmigration.com