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Posts Tagged ‘illegal immigrants’

Immigration Reform Bill 2013

April 18, 2013 2 comments

Below is a summary of some of the changes proposed in the Immigration Reform Bill negotiated and proposed by the “gang of eight” in April 2013:

1. Pathway to citizenship for undocumented immigrants who continuously live in US from Dec. 31, 2011

2. Pathway to citizenship for  immigrants deported for non-criminal reason with close family ties to US

3. No cap for work visa (H1B) for highly-skilled workers

4. Increase visa cap for low-skilled workers

5. Harsher punishment for employers who knowingly violate immigration policy

6. Strengthen border security and control

7. Visa for entrepreneur to start business

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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.

“My Life as an Undocumented Immigrant” by Jose Antonio Vargas

June 28, 2011 Leave a comment

This is a great article by Jose Antonio Vargas on life as an undocumented immigrant on New York Times Magazine. Mr. Vargas shared a Pulitzer Prize for his coverage on Virginia Tech shooting. His truthful and courageous depiction on life as an undocumented immigrant provides great insights into the inner struggle as well as daily problems undocumented immigrants face.

Arizona Law Upheld By Supreme Court

May 27, 2011 Leave a comment

The Supreme Court upheld Arizona’s “business death penalty” law in a 5-3 decision on May 26th 2011. The Legal Arizona Workers Act of 2007 is controversial because of a a provision that threatens companies that repeatedly hires illegal aliens with revocation of their corporate charters. It also contains a provision which requires employers to check E-Verify system before hiring new workers.

The significance of this ruling is not only that the Legal Arizona Workers Act of 2007 is constitutional because it is not preempted by federal immigration law. This ruling emphasized that state has the power to use its licensing law to punish EMPLOYERS for hiring illegal immigrants.

This ruling is not directly related to the even more controversial Arizona law involving police power to enforce immigration law against illegal immigrants. The police enforcement law is put on hold by the U.S. 9th Circuit of Appeals.

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