Musings on Immigration

by Rebecca Rojas Recently, there has been much talk about Mitt Romney’s statement that while he would honor the deferred action for childhood arrivals (DACA) program initiated by President Obama, he would not continue it.  This has created unrest among potential applicants, but I think it is still too early to give up on the DACA program. As the program progresses, and as we begin to see the benefits it brings, I believe that it will continue in place until a more permanent solution can be implemented. The benefits of the DACA program are particularly evident in a recent conversation I had with a small town business owner. This business owner had come to talk to me to see what he could do about “Pablo.”  The man looked almost apologetic as he explained to me that while he had favored limiting immigration, he wanted to help Pablo. Pablo, he explained to me, had been brought here as a small child and, upon high school graduation, had begun to help him in his business....

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...

In a recent case, the Board of Immigration Appeals opened up an entire new area for individuals who have until now found themselves ineligible to obtain permanent residence without leaving the United States, or going through a complicated and unpredictable waiver process. In Matter of Arrabally and Yerrabelly , 25 I&N Dec. 771 (BIA 2012), the Board of Immigration ruled that an individual who came into the US illegally but who is now on an adjustment of status applicant, who obtains a travel documents (advance parole ) through USCIS and then leaves the US and reenters on that Advance parole, is eligible to adjust status IN the US (with an available immigrant visa), and is NOT subject to the 10 year bar waiver typically associated with his departure after having been illegally in the US for longer than 1 year. This is an AMAZING development and unexpected good news for several hundred thousand people. TPS status holders are eligible for the same type of advance parole document. ...

One of the most common questions asked since June 15th when President Obama announced Deferred Action for Childhood Arrivals (DACA) is, " Do I need an immigration attorney to help me apply? "   Many respected voices in the immigrant community are saying that the application process and form will be so simple that people won’t need an attorney to apply.   Others are saying that too little is known about the program and it is not yet time to consult with an attorney.   We disagree. Before explaining why the help of a competent attorney is so important, we share the concern that many have had since DACA was announced.   We have learned from history the sad lesson that immigrants are vulnerable to being exploited and harmed by dishonest and self-serving individuals such as notarios, consultants, and even attorneys.   Unsuspecting immigrants are scammed out of their hard-earned money by those who do not follow through with their promises or, worse yet, who "help" ...

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...

To update all of our friends waiting anxiously for the promised announcement from the Obama Administration about how and when to submit applications under the deferred action program (called DACA by the Obama folks). It appears that there will be no announcement today. In the interim, watch our blog for the next announcement about the application process--as soon as we know what it is!