Tag Archive Deferred Action

ByPhillip Kim

Latest News on DAPA; DACA under 2012 announcement is NOT affected by the 02/16/15 court decision.

DACA under 2012 announcement is NOT affected by the 02/16/15 court decision.

It means that you may still file for DACA if you meet the requirements under 2012 announcement; and you may also renew it if your DACA was approved.

Here is the 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. Pursuant to those enforcement priorities, we continue to prioritize public safety, national security, and border security. I am pleased that an increasing percentage of removals each year are of those convicted of crimes. I am also pleased that, due in large part to our investments in and prioritization of border security, apprehensions at the southern border – a large indicator of total attempts to cross the border illegally — are now at the lowest levels in years.

ByPhillip Kim

DACA & DAPA on Temporary Hold- latest news on executive action

DACA DAPA Latest News: USCIS will not process DACA & DAPA applications until the further decisions from the court.

On 02/16/2015, Monday, U.S. District Judge Andrew Hanen granted the preliminary injunction after hearing arguments in Brownsville, Texas last month. He wrote in a memorandum accompanying his order that the lawsuit should go forward and that without a preliminary injunction the states will “suffer irreparable harm in this case.”

In a statement early Tuesday, 02/17/15, the White House defended the executive orders issued in November as within the president’s legal authority, saying the U.S. Supreme Court and Congress have said federal officials can establish priorities in enforcing immigration laws.

Among those supporting Obama’s executive order is a group of 12 mostly liberal states, including Washington and California, as well as the District of Columbia. They filed a motion with Judge Hanen 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.
The appeal will be heard by the 5th U.S. Circuit Court of Appeals in New Orleans.

The DHS and USCIS and others are enjoined from implementing any part of DAPA and DACA until the further order of the court.

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

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

ByPhillip Kim

Work Permit for Dreamers and Deferred Action Dream Act Immigration Reform

Work Permit for Dreamers and Deferred Action Dream Act

On June 15, 2012, DHS Secretary Napolitano issued a memorandum announcing that DHS will offer deferred action for two years to certain young people who came to the U.S. as children and meet other eligibility criteria. Individuals who receive deferred action will not be placed into removal proceedings or removed from the U.S. for the duration of the grant. Individuals in removal proceedings, those with final orders, and those who have never been in removal proceedings will be able to affirmatively request deferred action from USCIS.
According to USCIS an individual who meets the following criteria may apply for deferred action:
1. Was under the age of 31 as of June 15, 2012;
2. Came to the U.S. before reaching his/her 16th birthday;
3. Has continuously resided in the U.S. since June 15, 2007, up to the present time;
4. Was physically present in the U.S. on June 15, 2012, and at the time of application to USCIS;
5. Entered without inspection before June 15, 2012, or lawful immigration status expired as of June 15, 2012;
6. Is currently in school, has graduated or obtained a certificate of completion from high school, has obtained a GED, or is an honorably discharged veteran of the U.S. Coast Guard or the U.S. Armed Forces; and
7. Has not been convicted of a felony, a “significant misdemeanor,” three or more other misdemeanors, or does not otherwise pose a threat to national security or public safety;
To request deferred action from USCIS, individuals must submit required documents and fees.
Even If you are currently in immigration detention or face imminent removal, you might be still eligible for Deferred Action.
For more information, please contact:
Phillip Kim, esq.
Phillip Kim Law Center
Tel. (559) 448-8500
Tel. (619) 752-5379

[email protected]
www.PhillipKimLaw.com
www.PKimmigration.com

Keywords: Dream Act, Dreamers, Immigration Reform, Work Permit, Deportation, Removal, Detention, Immigration Attorney, Immigration Lawyer, Deferred Action