Posts Tagged ‘illegal immigrant’

Deferred Action for Childhood Arrivals – Continuous Residence

August 23, 2012 Leave a comment

One of the criteria to qualify for deferred action as a childhood arrival is continuous residence. Continuous residence will not be considered interrupted is one’s absence is “brief, casual, and innocent.

According to USCIS guidelines, absence will be considered brief, casual, and innocent if it was before August 15, 2012, and:

  1. The absence was short and reasonably calculated to accomplish the purpose for the absence;
  2. The absence was not because of an order of exclusion, deportation, or removal;
  3. The absence was not because of an order of voluntary departure, or an administrative grant of voluntary departure before you were placed in exclusion, deportation, or removal proceedings; and
  4. The purpose of the absence and/or your actions while outside the United States were not contrary to law.

Deferred Action for Childhood Arrivals – Application Forms

August 17, 2012 Leave a comment

To apply for consideration for deferred action under the new policy, one must submit the following forms along with evidence supporting the applicant’s application.

1. Form I-821D, Consideration of Deferred Action for Childhood Arrivals;

2. Form I-765, Application for Employment Authorization; and

3. Form I-765WS, Form I-765 Worksheet

Deferred Action for Childhood Arrival – FAQ

August 16, 2012 Leave a comment

Who can apply for consideration for deferred action?

To qualify for consideration, one must meet the seven (7) criteria. The criteria are listed here.

When can application be submitted?

Application for consideration can be submitted starting Aug. 15, 2012.

What is the filing fee?

The filing fee as of Aug. 16, 2012 is $465.

Do I get a greencard if my application is granted?

No. If application is granted, applicant will be offered deferred action, which means that applicant will not be deported for two years. The applicant will also be able to work legally in the US. Applicant may renew this status at the end of the two year period.

Will I be place in removal proceeding if my application is rejected?

According to USCIS brochure, if your case does not involve a criminal offense, fraud, or a threat to national security or public safety, your case will not be referred to ICE for purposes of removal proceedings except if DHS determines there are exceptional circumstances.

Who Can Apply for Deferred Action for Childhood Arrivals

August 16, 2012 12 comments

To qualify for consideration for deferred action for childhood arrival, one must meet the following criteria:

1. Born after June 15, 1981;
2. Arrived in the United States before the age of 16;
3. Have continuously resided in the United States since June 15, 2007, up to the present time;
4. Were present in the United States on June 15, 2012;
5. Entered without inspection before June 15, 2012 or your lawful immigration status expired as of June 15, 2012;
6. Are currently in school, graduated or received a certificate of completion from high school, obtained a general educational development certificate (GED), or that you are an honorably discharged veteran of the Coast Guard or U.S. Armed Forces; and
7. Are at least 15 years of age at the time of filing, if you have never been in removal proceedings or if your case was terminated before your request.

Prioritizing Deportation Proceedings

August 29, 2011 1 comment

On Aug. 18th, 2011, the Department of Homeland Security announce that it will prioritize its efforts to deport illegal immigrants, focusing on immigrants who “pose a threat” over others. This announcement is an effort to prevent low-priority” cases from clogging the system by focusing on deporting illegal immigrants who have committed crimes. The side-effect of this directive is that illegal immigrants who are considered “low-threat” can at least temporarily stay in the US without facing deportation. Cecilia Munoz, White House director of intergovernmental affairs, clarifies that low priority individuals includes “”individuals such as young people who were brought to this country as small children, and who know no other home,” as well as “individuals such as military veterans and the spouses of active-duty military personnel.”

The difference between this directive and the DREAM act is that under the DREAM act, certain individuals will receive permanent resident status after completing the specific criteria.  Under this directive, the illegal immigrants does not receive permanent resident status and is not granted amnesty. This directive merely prolong their ability to stay in the US illegally until further change in law or until change in immigration directive.

Civil Penalties for Hiring Illegal Immigrant

May 12, 2011 1 comment

Due to President Obama’s recent speech, there are a lot of attention on immigration issues. One of the main issue of interest is the policy on hiring immigrants. The other posts on this blog have some information on how to apply, who can apply, and how long it takes to apply for different work visa. This post will be dedicated to discussing the penalties of hiring ILLEGAL immigrants.

Illegal immigrants are loosely defined as immigrants who does not have the authorization to work in the US. This can be individuals who illegally entered the US or individuals entered the US with a visa that does not allow them to work. The punishment for knowingly hiring an illegal immigrant is set out by Sec. 274A(e)(4)(A) of the Immigration and Nationality Act (INA):

(i) not less than $250 and not more than $2,000 for each unauthorized alien with respect to whom a violation of either such subsection occurred,

(ii) not less than $2,000 and not more than $5,000 for each such alien in the case of a person or entity previously subject to one order under this paragraph, or

(iii) not less than $3,000 and not more than $10,000 for each such alien in the case of a person or entity previously subject to more than one order under this paragraph; and
There may also be more charges based on Sec. 274A(e)(5):
With respect to a violation of subsection (a)(1)(B), the order under this subsection shall require the person or entity to pay a civil penalty in an amount of not less than $100 and not more than $1,000 for each individual with respect to whom such violation occurred. In determining the amount of the penalty, due consideration shall be given to the size of the business of the employer being charged, the good faith of the employer, the seriousness of the violation, whether or not the individual was an unauthorized alien, and the history of previous violations.
In addition, any company or individual who is found to have violated the law by knowingly hiring an illegal immigrant will face higher level of scrutiny when sponsoring future employee for visa or green card. All together, for first time violators, the fee and penalty is not overly severe (especially compared to the amount in fees to legally hire an alien); however, if after one does not change one’s practice after found to have violated the law, the penalties increase drastically and the Attorney General may proceed with a criminal complaint if Attorney General found that there is a pattern of violation.
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