Musings on Immigration

Despite the relief that Deferred Action for Childhood Arrivals, or DACA, brought to thousands of young American immigrants in 2012, some 11 million immigrants in the United States remain undocumented today due to gaps and inconsistencies in our immigration system. They live in fear each day that immigration officials will deport them due only to their lack of status and take them their families and lives in the United States. On August 20, 2014, 11 of these undocumented American immigrants presented their cases to Immigration and Customs Enforcement requesting “deferred action.” Deferred action refers to the power of the government to defer action on one’s case and grant him or her temporary legal status. A grant of deferred action would allow these immigrants to have temporary protection from deportation and the ability to work and drive in the United States. The 11 undocumented immigrants that presented their cases are from all over the world:  Mexico, Sen...

A client was waiting a long time for their DACA to be approved, so long in fact the it was even beyond the "normal" outrageous processing times.  As most know, there is not much that can be done in such a case to "hurry up" the processing.  We decided that we would do a Freedom of Information Act (FOIA) request for a copy of his file to determine what USCIS was doing with his case.  Miraculously, we received the FOIA response back within 60 days.  Also, miraculously, his DACA was approved shortly before we received the FOIA.  So, why is this interesting?  Because as part of the FOIA response, we received the USCIS checklist for DACA processing ! Receiving something like this is like finding a piece of gold in a pile of rubble.  The value of knowing exactly what USCIS is looking at while adjudicating an application can be incalculable; and this particular document is no exception.  For example the checklist clarifies something that USCIS has be...

Tonight will be the first presidential debate between President Barack Obama and Governor Mitt Romney.  The debate will be held in Denver, Colorado, a state that has a high percentage of Latino voters. In adv ance of this debate, it is no surprise then that Governor Romney on  Monday   stated that he would honor the Deferred Action for Childhood Arrivals (DACA) policy that President Obama announced on June 15, 2012:   "T he people who have received the special visa that the president has put in place, which is a two-year visa, should expect that the visa would continue to be valid. I'm not going to take something that they've purchased," Romney said. "Before those visas have expired we will have the full immigration reform plan that I've proposed." I mention this news development because many in the immigration community have expressed a fear that Romney as president would revok e the policy and lead to a policy of deporting thousands, if not hundre...

In a press conference today, Director Mayorkas stated that the forms to be used in applying for DACA will be available on the USCIS website on Tuesday, August 14, 2012. The Form I-821D, along with the Form I-765 and the Form I-765WS will be required as part of the filing. The Form I-821D is the form to be used for actual deferred action status. The Form I-765 and Form I-765WS are the forms needed to applying for working permission and in showing the economic need to work. The Forms and supporting documentation will be accepted starting on Wednesay, August 15, 2012. There is NO deadline in filing. So, there is no rush to be the first to get a DACA Application in on the first day. It is best to take your time and make sure the forms are completed accurately and completely. Some good news in today's application is that to qualify for the education requirements, being "currently enrolled" also includes an education, literacy, or vocational training schools, and educa...

Today, August 3, 2012, USCIS announced that it would be providing the Form necessary, or the exact details of the "DACA" (yes, a terrible acronym for the Obama Deferred Action process) Plan until the day the application period begins, August 15, 2012. Nothing like allowing folks to prepare in Advance!! Here is what we know from today: U.S. Citizenship and Immigration Services (USCIS) is finalizing a process by which potentially eligible individuals may request consideration of deferred action for childhood arrivals. USCIS e xpects to make all forms, instructions, and additional information relevant to the deferred action for childhood arrivals process available on August 15, 2012. USCIS will then immediately begin accepting requests for consideration of deferred action for childhood arrivals. Information shared during today’s call includes the following highlights: Requestors – those in removal proceedings, those with final orders, and those who have never been in removal pr...