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Posts Tagged ‘immigration policy’

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 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.

Obama’s New Immigration Policy

April 3, 2012 Leave a comment

The Law Office of Andre Olivie - Blog

This post is about an earlier immigration policy change. To read about JULY 2012’s announcement on deferred action and work permits from certain YOUTH read my June 19th blogpost President Obama’s New Immigration Policy.

 

 

Lately, I have been getting a lot of questions about Obama’s new immigration policy. Some are under the impression that there is a new law granting legal status to undocumented immigrants. This is not the case. No new law has been enacted and anyone who tells you that they can get you a green card because of what President Obama has done is likely lying to you. The American Immigration Lawyers Association has provided the following Consumer Advisory about what the new policy is and isn’t.

What the new policy is NOT:

The Obama Administration announcement is NOT an amnesty, it is NOT about granting legal status, and is NOT something that you…

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Administratively Closed Cases and EADs

April 3, 2012 Leave a comment

Law-Related Reflections

DHS has stated that those people whose cases have been administratively closed may be eligible to apply for an employment authorization document (EAD) pursuant to recent announcements on recommended treatment of low priority deportation cases. However, the legal basis for the EAD, specifically, what factors might be used to grant or deny an EAD application under this policy and the validity period of the EAD have not been explained.

As such, no one should turn himself or herself in to immigration authorities hoping to get an EAD, assuming that he or she has a low priority case that will end up being administratively closed. As the DHS FAQ explains, such action carries a high risk that the individual will be placed in removal proceedings and instead of having his or her case administratively closed or terminated, he or she may be ordered removed.

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