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    Published on 08-07-2012 11:30 AM

    Bloggings on Immigration Update

    Carl Shusterman

    DHS's Latest Guidance on Deferred Action

    by Carl Shusterman*  

     

    Today, on August 3, 2012, the Department of Homeland Security (DHS) released a 16-page memo entitled "Deferred Action for Childhood Arrivals". This memo reveals various details regarding how the new deferred action program will work. The memo contains answers to many Frequently Asked Questions which we summarize below:  

     

    1. Is Deferred Action a law?

    No. Deferred action is a discretionary determination on the part of DHS. It is an act of prosecutorial discretion. The new policy will allow certain foreign-born individuals who entered the United States as children to apply for 2-year work permits, and possibly for extensions. It is not a path to a green card or to U.S. citizenship.    

     

    2. Who is eligible for Deferred Action?

    You may apply for Deferred Action starting on August 15, 2012 if you

    1. Were under the age of 31 as of June 15, 2012; th
    2. Came to the United States before reaching your 16
    3. Have continuously resided in the United States since June 15, 2007, up to the presenttime;
    4. Were physically present in the United States on June 15, 2012, and at the time of makingyour request for consideration of deferred action with USCIS;
    5. Entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012;
    6. Are currently in school, have graduated or obtained a certificate of completion from highschool, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
    7. Have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

     

    3. What forms do I use to apply, and what are the filing fees?

    Beginning August 15, 2012, you will be required to submit your request for consideration of deferred action to USCIS through a form, along with a form requesting an employment authorization document. The total fees will be $465. USCIS is still developing the forms and will be submitting them to the Office of Management and Budget (OMB) for review. Pending OMB clearance, the forms and instructions will be available on the USCIS website on August 15, 2012. Do not submit any request to USCIS before these forms are available. All requests received before August 15, 2012 will be rejected. Before deciding your application, DHS will perform a background check on you.  

     

    4. If my application is denied, can I appeal?

    You cannot an appeal or submit a motion to reopen/reconsider if your application is denied. However, the memo is silent about whether you can reapply for deferred action if you initial application is denied. In extremely limited situations, you can request a review of the denial. USCIS will implement a supervisory review process in all four Service Centers to ensure a consistent process for considering requests for deferred action for childhood arrivals. USCIS will require officers to elevate for supervisory review those cases that involve certain factors.    

     

    5. If my application is denied, can I be placed in removal proceedings?

    Usually not. However, there are exceptions, so be very careful. Below is how the memo explains this:

    Published on 08-07-2012 11:27 AM

    Choose The Right Newspaper For PERM Advertising

    Mike Hammond

    In a recent decisionby the Board of Alien Labor Certification Appeals (BALCA), the Court rejected an employers choice to publish the required newspaper ads in the Washington Examiner instead of the Washington Post. The BALCA decision makes clear that the newspaper chosen must be THE ...

    Published on 08-07-2012 11:24 AM

    DREAMERS Obtain Three Good Breaks In USCIS Deferred Action For Childhood Arrivals Process.

    Alan Lee, Esq.

    USCIS. informed DREAMERS on August 3, 2012, that it would make the forms available to apply for deferred action for childhood arrivals on August 15, 2012, and would begin accepting applications immediately at a designated U.S.C.I.S. lockbox facility. The fee will be $465 with very few fee waivers, which will include the application, employment authorization request, and biometrics. Applicants can request consideration of deferred ...

    Published on 08-03-2012 04:37 PM

    Bloggings on Immigration Law

    by Roger Algase

    Aug 03, 2012

    Published on 08-03-2012 04:00 PM

    Bloggings on Deportation and Removal

    by Matthew Kolken

    Aug 03, 2012

    Published on 08-03-2012 03:59 PM

    Bloggings on Immigration Law

    by Danielle Beach-Oswald

    Aug 02, 2012

    Published on 08-03-2012 03:58 PM

    Bloggings on I-9 E-Verify Immigration Compliance

    Bruce Buchanan

    Published on 08-03-2012 03:56 PM

    Shaping Citizenship Policies to Strengthen Immigrant Integration

    by Natalia Banulescu-Bogdan

    Article Image
    More countries are implementing changes to their citizenship requirements, in part to ensure immigrants integrate more fully into their new countries. Photo by Photos.com.

    Citizenship awards certain formal, legal rights to new members of society — such as full access to public benefits, voting rights, protection from deportation, and the right to run for public office. But it also has an important symbolic function. Citizenship helps create and cement a sense of belonging to one's adopted country, and in this way can be an important tool for immigrant integration.

    Because citizenship is the most important marker of an immigrant's full and equal membership in a national society, countries have typically set requirements deliberately high for acquiring it. In recent years, these requirements have been getting even tougher, with lengthy in-country waiting periods, higher fees and standards, and a widespread adoption of citizenship tests. Many countries see redesign of their citizenship policies and practices as a way to improve the integration of society's newest members, the rationale being that more rigorous requirements ensure that new members of society have the tools needed to succeed.

    At the same time, unintended effects can arise when would-be citizens are required to clear higher hurdles as part of the naturalization process. When ...

    Published on 08-03-2012 11:42 AM

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