With President Obama’s Executive Order expanding Deferred Action for Childhood Arrivals (DACA) and Parents of U.S. citizens (DAP) set to take effect in the Spring, it is wise to understand the limits of eligibility and risks associated with applying for Deferred Action, and to take steps to ensure the person or persons who help you apply are not out to scam you, mislead you, or take your hard earned money if you do not qualify.  The risks go beyond loss of money.  You could place yourself at risk of deportation.  Contact us at (415) 845-9122 for answers to your questions.  Ten minute phone calls are free.  One hour consultations are $125.

Don’t get caught in a trap!

 

 

President Obama is set to announce major changes to the U.S. immigration system today, Thursday, Nov. 20, 2014, at 5pm PST.  The President is expected to significantly widen the pool of persons eligible for Deferred Action. Details about eligibility requirements and the process of applying for Deferred Action and a work permit under the new rules will be announced by USCIS and ICE soon after President Obama’s announcement.

It is important that you not be misled about eligibility and the application process by notarios or individuals not qualified to understand important legal requirements.  The best sources of information are always found at USCIS.gov and ICE.gov, the federal agencies responsible for administration and enforcement of U.S. immigration laws.  Become familiar with these websites, which offer information en Espanol for Spanish speakers.

Current information about Deferred Action for Childhood Arrivals (DACA) eligibility and the DACA application process can be found at http://www.uscis.gov/humanitarian/consideration-deferred-action-childhood-arrivals-daca.

The application process for new Deferred Action rules will likely be similar to the current DACA application process.

Please contact us for further details after President Obama’s announcement.

 

Face-Off Over Immigration

Posted November 7, 2014

Highly recommended read.  For a powerful description of the intense political battle being waged in Washington, DC over immigration reform, see the Nov. 7 front-page Wall Street Journal article by Carol E. Lee and Peter Nicholas, Face-Off Over Immigration.  (Copyright 2014, WSJ – Nov. 7, 2014)

With this week’s significant Republican gains in Congress, which include shifts in chairmanships and rule-making power, the 2015 Congress may finally produce reform legislation that President Obama would not veto – likely piecemeal legislation, but nonetheless, progress might be made on updating wide provisions of an outdated U.S. immigration system that address lawful immigration.

Yet based on the tone and scope of disagreement by the principles related to illegal immigration (dramatically depicted in this article), concerning the need for legislation that looks back to address the millions already here, as well as forward, it becomes difficult to see how the legislative effort would succeed if, within the remaining lame duck Congress, President Obama acts unilaterally using so called executive action to grant provisional protected status to a wide pool of presently illegal immigrants, as he has promised to do.  (See Wikipedia explanation of Executive Orders here, including how past American presidents have wielded this unilateral authority without congressional backlash.)

Continue reading »

WAIT FOR IT. . .

Posted September 6, 2014

Upholding the time-honored maxim that indecision is the key to flexibility, President Obama has decided to delay any executive action on immigration until after the November elections.

The apparent political calculation bears enormous risk.  If the GOP wins the Senate, any such action would likely be scaled back to reflect shifting American sentiment on illegal immigration, lest the president feel that a looming lame duck stature would free his hand to cement a legacy through executive action that precedes narrower reform legislation.  If the Democrats retain control of the Senate, presumably comprehensive reform legislation would be back on the table, the House would continue to oppose, and the president can do as he pleases through executive action while blaming inaction on House Republicans.

Confused? Lo siento.  Law, as I say, is politics.

Deferred action clients: Your renewal period is approaching.  DACA remains in place.  Don’t delay!  Submit your bid for two more years of employment and prosecutorial discretion today.  The earliest you can re-apply is five months prior to the expiration of your current deferred action period.