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Posts Tagged ‘removal proceeding’

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.

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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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