Posted: August 6th, 2014 | Author: Victoria Karins | Filed under: Deferred Action | Tags: Accion Diferida, AILA, AILA-CFC, Deferred Action | No Comments »
Visit our website, DeferredActionFlorida.com for more information on DACA and fill out our form to apply.
Cite as “AILA InfoNet Doc. No. 14060545 (posted Jun. 5, 2014)”
WASHINGTON, DC — The American Immigration Lawyers Association (AILA) commends U.S. Citizenship and Immigration Services (USCIS) for releasing details of the Deferred Action for Childhood Arrivals (DACA) renewal process so that applicants can begin their renewal process in a timely manner.
“It is great to see USCIS continue this important initiative,” said T. Douglas Stump, President of AILA. He continued, “These two-year grants of deferred action have already made a tremendous impact on the lives of so many young people and on the communities in which they live, study, and work. It is vital that those granted deferred action not let those important grants lapse.”
The temporary grant of Deferred Action for Childhood Arrivals is given in increments of two years and offers the chance for work authorization, in most cases a driver’s license, and in some areas, in-state tuition for public colleges and universities. Renewal applicants will need to submit Form I-821D “Consideration of Deferred Action for Childhood Arrivals,” Form I-765 “Application for Employment Authorization,” and the I-765 Worksheet. The $465 fee for filing and biometrics will need to be paid; USCIS will conduct a new background check for those renewing DACA.
“My message to DACA recipients is to start work on it now, so that you are ready to file when you come within about 120 days of the expiration of your current grant period,” Mr. Stump warned. He added, “Processing could take months and you do not want to lose your work authorization because you didn’t get your forms in on time. For anyone who has a question, has had a change in their circumstances since receiving DACA, or is still deciding whether to apply, I encourage you to seek the advice of qualified counsel. Sometimes an immigration attorney will find that you are eligible for another, more permanent type of relief or may help you discover that a change in circumstances changes your eligibility or your risks. Getting help is a good idea for anyone with questions to avoid submitting erroneous information to USCIS and clouding your future.”
Posted: August 6th, 2014 | Author: Victoria Karins | Filed under: Deferred Action, Jaensch Immigration Law Firm | Tags: Accion Diferida, AILA, AILA-CFC, Deferred Action, Detainers, Unaccompanied Children, Unaccompanied Minors | No Comments »
AILA CFC Advocates for Unaccompanied Children at Border
Country conditions in Central American countries such as El Salvador and Honduras have resulted in over 50,000 unaccompanied minor children making treacherous journeys to seek safety in the U.S. since October 2013. Some may be able to stay in the U.S. if they can demonstrate that their lives will be jeopardized if they returned to their country of origin. The Obama administration has started to speed up the process of scheduling immigration hearings on these children. AILA National, AILA Central Florida and legal aid organizations in Central Florida are working together to ensure that children in this region at least have basic legal representation.
The Obama Administration is considering administrative fixes due to Congressional inaction on immigration reform. These include potential remedies for undocumented parents of U.S. citizens here, and revising the way available green card numbers are counted so as to reduce waiting times in employment and family-based categories. An announcement could come as early as this month. AILA has been on the front line of presenting potential administrative fixes to the administration.
AILA CFC Works to End Unlawful “Detainers”
Detainers are the so-called “immigration holds” that local police engage in on behalf of ICE. When someone suspected by law enforcement to be undocumented is detained by local police such as for a traffic stop, Sheriff’s offices are permitted to hold that individual for 48 hours while ICE determined their immigration status or whether to pursue removal proceedings against them.
Often Sheriff’s offices hold people for much longer than 48 hours. Some of these individuals are U.S. citizens or green card holders. Immigration violations are a civil matter, not a criminal matter, and these individuals should not be held indefinitely without probable cause that they have committed a crime. Counties incur substantial costs and liability in breaking the law on behalf of ICE.
Due to efforts by the ACLU, The Miami Law School Immigration Law Clinic, AILA Central Florida, and AILA South Florida, and other organizations, Sheriff’s offices throughout the state are ceasing these detainers unless there is probable cause to detain.
Posted: March 6th, 2014 | Author: Chris Jaensch | Filed under: Deferred Action, Immigration Reform | Tags: DACA, Deferred Action, DREAM Act, Dreamers | No Comments »
There is a new source of scholarship money for DACA recipients who qualify. A CEO, a former Secretary of Commerce, and a well-known philanthropist came together and raised $25 million to be offered as financial aid to qualifying DREAMers.
Each scholarship recipient is required to attend a partner institution. Currently, there are 12: The Borough of Manhattan Community College, Bronx Community College and Kingsborough Community College in New York; Miami Dade College in Florida; Trinity Washington University in Washington, D.C.; El Paso Community College, South Texas College, University of Texas Pan American and University of Texas El Paso in Texas; Long Beach City College and California State University, Long Beach in California; and Mount Washington College, a national online college.
- Be a first time college student applying to an associate’s or bachelor’s degree program at one of the partner colleges,
- Have a GPA of 2.5 or greater (or equivalent GED score), and
- Be DACA eligible and have applied for or received DACA approval.
It is highly recommended that applicants who want to obtain one of these scholarships be willing to pursue a career-ready associate’s or bachelor’s degree program. Courses in Science, Technology, Engineering and Math, the “STEM” majors, should fall into this category.
The deadline to apply is March 31, 2014.
See more information in the Guidelines.
For more information on DACA, including whether or not you qualify, contact the attorneys at Jaensch Immigration Law Firm, (941) 366-9841.
Existen nuevos recursos de becados para los beneficiarios de DACA . Un CEO, un ex-secretario de Comercio , y un conocido filántropo se reunieron y recaudaron $25 millones para ser ofrecido como ayuda financiera a los soñadores que califican.
Los ganadores de la beca tienen que asistir a una institución asociada con The Dream.US. Hay 12 : The Borough of Manhattan Community College, Bronx Community College y Kingsborough Community College en Nueva York , Miami Dade College en la Florida, la Universidad Trinity de Washington en Washington , DC; El Paso Community College , South Texas College , Universidad de Texas Panamericana y la Universidad de Texas en El Paso, en Texas; Long Beach City College y la Universidad Estatal de California, Long Beach , en California , y Mount Washington college, una universidad nacional en línea.
Los requisitos incluyen :
- Ser un estudiante de la universidad por primera vez la aplicación o programa de licenciatura de asociado a una de las universidades asociadas,
- Tener promedio general de 2.5 o mayor (o puntuación de GED equivalente), y
- Sea DACA elegible y habra solicitado o recibido la aprobación DACA
Es altamente recomendable que los solicitantes que deseen obtener una de estas becas estarán dispuestos a seguir un programa de licenciatura asociado con una carrera. Cursos en Ciencias , Tecnología , Ingeniería y Matemáticas, los ” STEM ” grandes, deben entrar en esta categoría.
La fecha límite para aplicar para el ano escolar que viene es el 31 de marzo de 2014.
Ver más información en la Guía.
Para obtener más información sobre DACA, incluyendo si usted califica o no, póngase en contacto con los abogados de Jaensch Immigration Law Firm, (941) 366-9841.
Posted: January 2nd, 2014 | Author: Chris Jaensch | Filed under: Sarasota Immigrants | Tags: Adjustment of Status, Deferred Action, Green Card, Immigration Attorney Sarasota, Immigration Reform, Parole-in-Place | No Comments »
President Obama Announces New Policy That Could Lead to Wider Immigration Reform
New Parole-in-Place Policy May Create the Precedent for a General Amnesty
President Obama has announced a new policy that could serve as the model for immigration reform if Congress doesn’t act. It’s called “Parole-in-Place” and it allows undocumented immigrant spouses, children under 21 and parents of current US service members, reservists and veterans to apply to live legally in the US.
Under prior rules, anyone who entered the U.S. without Immigration inspection was subject to deportation and most could not adjust to permanent residence. Their only option was to pursue a lengthy and uncertain waiver process that requires a return to their home country. But leaving the United States triggers a 10-year bar from returning for any immigrant who entered without inspection.
“This is good news for immigrants because it creates another way for those who would otherwise be caught in an impossible situation to adjust their status without suffering the hardship of a 10-year bar,” says Peter Jaensch, military veteran, prominent Sarasota immigration attorney and founder of Jaensch Immigration Law Firm.
Immigrants who are paroled-in-place can obtain work and travel permission without leaving the US. With work permission, the applicant can obtain a Social Security number. If parole-in-place is granted and the applicant is a spouse, child under 21, or parent of a U.S. citizen, he or she would also be able to apply for a Green card.
President Obama has publicly stated several times that he supports immigration reform. In June, the Senate passed a comprehensive immigration bill but the House of Representatives has not taken it up. House Speaker Boehner recently announced that the House will not hold formal compromise talks on the bill.
In the meantime, President Obama has pursued immigration reform through prosecutorial discretion. In June 2012, in a policy change similar to “Parole-in-Place,” the President announced the Deferred Action policy. It allowed undocumented immigrants who entered the country as children, obtained a high school diploma or equivalent and remained under a certain age, to obtain work and travel permission. In August, the President instructed DHS officials, when finalizing removal orders for undocumented parents, to take into account the potential hardship for their minor children. With this new policy, Obama moves closer to his goal of immigration reform.
There is no government fee for the parole-in-place application, as there usually is. Parole-in-place will be granted in one-year increments.
“As a military veteran myself I am glad to see the government doing more to support our service members and veterans,” says Mr. Jaensch. “And we are ready to do our part as well.” Jaensch Immigration Law Firm is offering free consultations to military family members who want to know more about this policy.
IN SPANISH: Cesar Gomez explica la nueva política de parole-in-place.
Posted: November 7th, 2013 | Author: Victoria Karins | Filed under: Deferred Action, National News, Sarasota Immigrants | Tags: Deferred Action, Green Card, Health Care Mandate, Individual Mandate, Obamacare, Permanent Resident, Undocumented Immigrants | No Comments »
Sarasota immigrants are asking what the new Affordable Care Act means for them. ImmigrationSarasota.com decided to investigate.
The Patient Protection and Affordable Care Act, passed on March 21, 2010, is the largest overhaul of the United States’ health care system since 1965. Its purpose is to reduce the cost of health care and increase the number of Americans with health insurance. One of the ways it achieves these goals is through the “individual mandate,” a provision that requires anyone who is legally present in the US to have health insurance or face a penalty to be assessed in their taxes.
“The individual mandate goes into effect on January 1, 2014 and applies to all those legally present in the US,” says Victoria Jaensch Karins, president of the Central Florida Chapter of the American Immigration Lawyers Association and attorney at Jaensch Immigration Law Firm. “This includes those on temporary visas such as F-1 student visas, E-2 investor visas, and H-1B work visas,” she continues.
This means that all legal US immigrants, including those on temporary visas, will have to buy health insurance if they don’t have it already.
“Immigrants should be made aware so they can make the appropriate preparations,” said Peter Matthiessen, CEO of Deusa Group and a licensed insurance agent in California, Florida, Texas and Georgia. “They should also be advised not to buy a foreign health insurance policy. Most US medical providers don’t accept them,” he continued.
According to Taylor Tollerton, partner at Professional Benefits, Inc., Sarasota’s leading insurance group, immigrants should also know that, “some health insurance companies don’t offer coverage to legal residents if they have not been in the U.S. for longer than 6 months.” She added that, “utilizing experts in the industry to help navigate your way through is vital.”
The Affordable Care Act establishes healthcare exchanges for insurance providers and consumers. Temporary and permanent immigrants are eligible to participate in the exchanges.
Immigrants may also purchase health insurance policies that are compliant with the Affordable Care Act privately, outside the exchange, through a licensed broker/agent. They are identical, except that possible subsidies do not apply. Persons with privacy concerns should consider avoiding the exchanges.
Undocumented aliens are exempt from the mandate to have health coverage and barred from the health insurance exchanges. However, undocumented parents can apply for “child-only” coverage for their legal immigrant or citizen child through the exchanges.
Peter Matthiessen is the CEO of Deusa Group. For the past 17 years, Deusa Group has specialized in this very complex insurance matter pertaining to foreign nationals entering or living in the USA. Insurance outside the USA is also offered. Every situation is different and requires a solution on a case by case basis. Inquiries are welcome at any time – firstname.lastname@example.org.
Founded in 1979 by Jim Tollerton, Professional Benefits Inc. (PBI) is Sarasota’s leading independent insurance group serving the community with insurance plans for individuals and employers by helping to establish employee benefits, executive compensation programs, and succession plans. In 2007, Mr. Tollerton partnered with Taylor Tollerton Collins and formed a second division of PBI with Benefits and Planning, Inc. managed by Mrs. Collins. Professional Benefits serves several local organizations including: Education Foundation, Sarasota Memorial Healthcare Foundation, First Step of Sarasota, Argus, and the local National Association of Insurance and Financial Advisor chapter. Mrs. Collins is available for interview.
“Patient Protection and Affordable Care Act.” Wikipedia: The Free Encyclopedia. Wikimedia Foundation, Inc., date last updated (24 October 2013). Web. Date accessed (24 October 2013). <http://en.wikipedia.org/wiki/Patient_Protection_and_Affordable_Care_Act>
Posted: October 24th, 2013 | Author: Victoria Karins | Filed under: Deferred Action, Sarasota Immigrants | Tags: DACA, Deferred Action, Employment Authorization Document | No Comments »
Sarasota immigrants can now use the new Deferred Action for Childhood Arrivals (DACA) card as a primary form of identification at BB&T Bank. Also known as the U.S. Employment Authorization Document (EAD), the DACA card and a tax-identification number will allow any Sarasota immigrant to open up an account with BB&T. The Winston-Salem, North Carolina-based bank is one of the first financial institutions in the country to accept this form of identification.
The DACA program launched in August 2012 and allows children of undocumented immigrants to remain in the country for two years and to apply for the U.S. Employment Authorization Card. These individuals must have entered the United States as children and meet several key guidelines to earn the deferral. U.S. Citizenship and Immigration Services (USCIS) statistics show more than 260,000 people have been approved for the DACA card and the number is growing rapidly. More information on the DACA program can be found on our website, DeferredActionFlorida.com, or by contacting attorney Victoria Jaensch Karins: 941-366-9841.
ImmigrationSarasota.com sat down with local BB&T representatives Abigail Collins and Rossana McConahay to learn more.
IS.com: Please tell me more about this new program.
Abigail Collins/Rossana McConahay: BB&T now accepts EAD cards as primary IDs. This allows us to help more people in an important and growing demographic that is sometimes under-served financially. We hope to offer an opportunity for EAD holders to open bank accounts with us. In addition, we offer comprehensive educational resources and bilingual staff in many of our banking centers. This allows BB&T to achieve our mission, which is to help our clients achieve economic success and financial security.
IS.com: EADs have existed for a while, how is this policy different from before?
A.C./R.M: In the past, our clients were asked to present a visa or a social security card with their EAD. Since people who apply for DACA have neither, this made it very difficult to open a bank account.
IS.com: What is the biggest obstacle you face in serving this perennially under-banked community?
A.C./R.M: Some members of the Hispanic community believe that providing their information puts them at risk for deportation. That’s why our bilingual staff members do our best to make our clients feel like they are a part of our family. We also urge them to tell their friends and family about their experiences with us.
IS.com: You also provide extensive educational material…
A.C./R.M: Yes, we believe in building a strong relationship with our clients and empowering them to make their dreams come true. BB&T e provides free educational material on topics such as education, getting a driver’s license, the world of work, how to prepare for an emergency, and the U.S. healthcare system. We want our clients to have the knowledge they need to be successful in this country.
BB&T Representatives Abigail Collins and Rossana McConahay
Feel free to contact Ms. Collins or Ms. McConahay for more information. Their office is located at 1201 South Tamiami Trail and their phone number is 941-366-5463.
Inmigrantes en Sarasota ya pueden usar los permisos de trabajo para abrir cuentas bancarias
Inmigrantes en Sarasota ya pueden usar la nueva tarjeta de Acción Diferida para los Llegados en la Infancia – Deferred Action for Childhood Arrivals (conocida como DACA por su sigla en inglés) como una de las principales formas de identificación para las personas que no sean ciudadanas estadounidenses. Esta tarjeta, a la que también se le llama Tarjeta de Autorización de Empleo en Estados Unidos, y un número de identificación para el pago de impuestos, permitirán que cualquier persona pueda abrir una cuenta en BB&T, una de las primeras instituciones financieras del país en aceptar este tipo de identificación.
El programa DACA fue lanzado en agosto de 2012 y permite que los hijos de inmigrantes indocumentados permanezcan en el país durante dos años y que soliciten la Tarjeta de Autorización de Empleo en Estados Unidos. Estas personas deberán haber ingresado en Estados Unidos siendo niños y deben cumplir varias estipulaciones clave para obtener el aplazamiento. Estadísticas del Servicio de Inmigración y Ciudadanía de Estados Unidos (USCIS por su sigla en inglés) muestran que más de 260,000 personas han sido aprobadas para la obtención de la tarjeta DACA y esa cifra sigue en aumento rápidamente. Se puede encontrar más información sobre el programa DACA en la página de internet del USCIS.
Posted: September 24th, 2013 | Author: Victoria Karins | Filed under: Employer & Student Visas, Immigration Reform | Tags: Deferred Action, Engineering and Math, Immigration Reform, Marco Rubio, Science, STEM, Technology | No Comments »
This article is reposted from Miami radio station WLRN’s website.
Florida college and university presidents are calling on Congress to pass immigration reform this year, saying it would be better for the state’s economy if foreign students could stay after graduation, instead of being forced to take their diplomas and leave.
The “brain drain” of U.S.-educated foreign students is worrying economic and education leaders who say the students soon become competitors.
Credit Florida Immigrant Coalition
In a conference call with reporters Monday, University of Miami President Donna Shalala said a high percentage of non-citizens earn degrees in the high-paying STEM fields – science, technology, engineering and mathematics – and then depart.
“Half of all of Ph.D. and masters students in the STEM fields in our research universities are students who come from other countries,” Shalala said. “Many of them would like to stay, and we need immigration reform to give them that opportunity and to capture the talent that we’re educating.”
In a Sept. 16 letter to Florida’s Congressional delegation, Shalala and the other presidents wrote that in 2009, 53 percent of students earning masters or doctoral degrees in STEM fields from Florida’s research-intensive universities were non-citizens. More than 60 percent of students earning recent doctorates in engineering were non-citizens.
“As soon as we hand them their diploma, we also basically are handing them an airline ticket and saying, ‘Thanks very much for coming here – go home,'” said Ed Moore, president of the Independent Colleges and Universities of Florida.
What’s worse, he said, is that those students usually end up working for Florida’s competitors in the global economy.
“Say they’re from China. They may end up being hired by a company in Brazil or a company in Italy or a company in England,” Moore said. “They go there and work to compete against American industry on the global market. It makes absolutely no sense.”
The Democratic-led U.S. Senate passed a comprehensive immigration reform bill in June. It includes a path to citizenship for millions of illegal immigrants, a temporary worker program and more visas for skilled non-citizens. But the measure is stalled in the Republican-led House of Representatives.
Conservative opposition is fierce. Florida Sen. Marco Rubio, who has played a leading role in the debate, was booed at the Americans for Prosperity conference in Orlando last month, taking the stage to shouts of “No amnesty!” – a reference to allowing illegal immigrants to become U.S citizens.
But Anthony Catanese, president of the Florida Institute of Technology, said he doesn’t see the issue as a political one.
“Getting these young people to the highest level of American technological education and then making them return – I think we should see that as a non-controversial reason for getting the STEM graduates, especially at the graduate level, to have an opportunity to work for the United States and put them on a path toward citizenship,” Catanese said.
In their letter to Florida’s U.S. House members, the presidents noted that a recent study by the Partnership for a New American Economy and the American Enterprise Institute found that for every 100 foreign-born graduates of a U.S. graduate program who stay in the country, working in a STEM field, 262 jobs are created for American workers.
“Immigrants are more than twice as likely to start a business, and immigrant-owned businesses in Florida generate about $13.3 billion in income for the state each year,” they wrote. “But in Florida our share of foreign-born STEM advanced degree holders working in STEM fields decreased by 17 percent between 2000 and 2010.”
Moore said that many House members have said they have too many other issues on their plates to deal with immigration reform.
“That’s nonsense,” he said. “I know they’re busy in Syria and all these other issues, but immigration should stay on the front burner of Congressional action this year.”
Posted: June 19th, 2013 | Author: Chris Jaensch | Filed under: Deferred Action, National News | Tags: Comprehensive Immigration Reform, DACA, Deferred Action | No Comments »
Comprehensive Immigration Reform Survives Early Test:
On June 11th, the U.S. Senate voted to move the “Border Security, Economic Opportunity, and Immigration Modernization Act” (S. 744), the comprehensive immigration reform bill drafted by the “Gang of Eight,” to the floor for debate, where it is expected to face dozens of amendments in the coming weeks. The final vote to begin debate on the landmark legislation was 84 in favor and 15 against.
Sen John Cornyn (R-TX, Minority Whip) introduces “RESULTS” amendment which would have strengthened border security. It is eventually opposed and dropped.
Mayor Bloomberg announces support for immigration reform for students.
John Boehner and Marco Rubio met to discuss reform last week.
The divide between the Republican Party on immigration reform was highlighted on Friday during the annual Faith and Freedom conference in Washington, D.C.
Former Florida Gov. Jeb Bush argued for immigration reform, stating that more legal immigration would add to the American workforce and create more revenues from payroll taxes.
However, U.S. Rep. Michelle Bachmann, R-Minn., argued at the same meeting that passing the immigration package currently on the table would be a mistake.
Meanwhile, on Saturday, the Obama administration celebrated the one-year mark of the Deferred Action announcement, an executive order that announced that thousands of undocumented youths would be allowed to stay and work in the U.S. if they met certain requirements.
New Deferred Action Statistics Released:
These newly-released USCIS statistics on DACA cases from August 15, 2012 to May 31, 2013 indicate a decline in DACA applications; the statistics show 520,157 DACA applications accepted for processing, 507,301 biometric services appointments scheduled, 365,237 requests approved, and 3,816 requests denied.
Posted: October 23rd, 2012 | Author: Chris Jaensch | Filed under: Deferred Action, Sarasota Immigrants | Tags: Accion Diferida, Deferred Action, Marco Davis, Sarasota Hispanics, Sarasota Latinos, UnidosNow | No Comments »
Last Friday, a representative from Jaensch Immigration Law Firm attended UnidosNow’s inaugural “Gala de las Americas” in Bradenton’s Municipal Auditorium. The Gala featured leaders from Southwest Florida and UnidosNow who spoke about the strength and potential of the Latin community. The keynote speaker was Marco Davis, Acting Director of the White House Initiative on Educational Excellence for Hispanics. He spoke at length about the many endeavors the White House is undertaking to improve the educational opportunities of Hispanics. Marco Davis’ presence and the event itself were testaments to the leadership of UnidosNow.
Jaensch Immigration Law Firm was pleased to support the event by sponsoring a student for UnidosNow’s Florida Leadership Academy.
White House representative Marco Davis was the keynote speaker.
The Gala featured some great entertainment including this Mariachi Band
Posted: October 15th, 2012 | Author: Victoria Karins | Filed under: Deferred Action | Tags: Deferred Action, Deferred Action for Childhood A, ICE, USCIS | No Comments »
We would like the share the latest statistics on Deferred Action:
Deferred Action applications accepted for processing: 179,794
Number of biometric services appointments scheduled: 158,408
Number of Deferred Action requests under review: 6,416
Number of requests approved: 4,591
Sarasota Immigration Attorney Victoria Jaensch Karins
Posted: September 18th, 2012 | Author: Chris Jaensch | Filed under: Deferred Action | Tags: Advance Parole, Deferred Action, Permanent residence (United States), Social Security Administration, Social Security number, United States Citizenship and Immigration Services | 3 Comments »
The I-765 and Social Security Numbers
More good news. Deferred Action applicants who are filling out question 9 on the I-765, Work Authorization Application, DO NOT need to list and Social Security numbers that were not officially issued to them.
We understand that many of those who entered the US without inspection attempt to use a false Social Security number in order to work. We have received many questions regarding this issue and how to answer question 9 in the I-765. Previously, it was difficult to say since we wanted applicants to be as forthright as possible. But every Deferred Action applicant is declaring themselves as having entered the country without inspection. Using a false Social Security number in addition could have been a disqualifying factor. We were advising clients on a case-by-case basis. For example, we examined whether they had a criminal record or any other potential problems before we advised them on listing or not listing their Social Security numbers.
This ruling takes the issue off the table and makes it simpler to fill out the I-765 and to advise on the rest of the application. We are glad to see this new policy take effect and hope that it attracts more qualifying individuals to apply for Deferred Action.
Posted: September 6th, 2012 | Author: Chris Jaensch | Filed under: Deferred Action, Sarasota Immigrants | Tags: Accion Diferida, Deferred Action, deferred action for childhood arrivals, DREAM Act, Sarasota Dreamers, UnidosNow | No Comments »
Organización pro-inmigración, UnidosNow, ofrece nuevo foro informativo sobre la Acción Diferida y la manera de solicitar. Va a ocurrir el 8 de septiembre, 2012 y habrá dos sesiones, a la 1 y las 4. La dirección del encuentro es 8350 N. Tamiami Trail, Sarasota, 34243.
Abogados de defensa criminal e inmigración, empleados de USF y representantes de UnidosNow presentatarán del tema de la Acción Diferida y responderán a preguntas.
El último encuentro así fue un éxito con mas de 300 personas en asistencia! Esperamos que venga tanta gente y más esta vez.
El Evento Conozca Tus Derechos Accion Diferida
Posted: August 30th, 2012 | Author: Chris Jaensch | Filed under: Deferred Action | Tags: Deferred Action, Travel document, U.S. Customs and Border Protection, United States Citizenship and Immigration Services, USCIS | 1 Comment »
Sarasota Immigration Attorney Victoria Jaensch Karins
The granting of Deferred Action does not lead to any status or path to permanent residence. However, the USCIS has stated that those who are granted Deferred Action will be able to apply for a travel document called “Advance Parole” if they can show a good reason for the need to travel (e.g. humanitarian, education or work related).
This is a potentially great benefit to those who entered without inspection (EWI) and are married to US citizens. EWI’s married to US citizens are not currently eligible to obtain their green cards in the U.S. They must apply from their home country. Usually the return to the home country triggers the 3 to 10 year bar.
But now, people who are “paroled” in the U.S. based on the advance parole documents ARE eligible to obtain their green cards in the U.S.
Therefore, a person granted deferred action who also receives an advance parole would be able to obtain their green card through their US citizen spouse in the U.S. within 3-4 months of filing and would not require a waiver application.
I do not advise anyone who is granted Deferred Action to leave the U.S. with a travel document before first confirming that they will be able to come back to the U.S. In the coming months, we will see how this issue plays out.
Posted: August 15th, 2012 | Author: Chris Jaensch | Filed under: Deferred Action | Tags: Accion Diferida, Deferred Action, Immigration Attorney Sarasota, Immigration Lawyer Sarasota | No Comments »
Sarasota Immigration Attorney Victoria Jaensch Karins
We understand that many people would like to apply for deferred action on their own rather than take on the cost of hiring a lawyer. Deferred Action is a very new policy and it has the potential to help many people and we welcome all who wish to apply to do so as soon as possible.
We would also like to inform all potential applicants that if your Deferred Action application is denied, there is no possibility of appeal. This means that you only get one opportunity to qualify so please make sure that your application is as complete as possible.
While denial will not cause immediate placement into deportation proceedings – USCIS will not share information on Deferred Action applicants with Immigration and Customs Enforcement (ICE) – there will still be a general risk of deportation. The fact remains, if you entered without inspection or overstayed your visa the government can place you in deportation proceedings at any time.
If you choose to apply on your own please be careful. If you choose to seek help please make sure that the person you ask for help is a genuine immigration attorney. Many “notarios” will offer to complete and submit an application on your behalf for a fee. They are not fully trained legal professionals and may be trying to defraud you.
Some may remember the provision of law Section 245(i). This policy allowed people who entered the country illegally or were otherwise unqualified for Adjustment of Status to ‘get legal” in the U.S. (through family or employment categories) by paying a penalty fee of $1,000. It expired in 2000, but Congress passed a short extension between December 2000 and April 30, 2001.
Many semi-legitimate institutions appeared overnight. These places filed many fraudulent or frivolous applications for a fee. Sometimes they charged a fee and filed nothing.
Do not endanger your chance to qualify for Deferred Action. Make sure that the person you hire to help you is an immigration attorney.
Posted: August 14th, 2012 | Author: Chris Jaensch | Filed under: Deferred Action | Tags: Accion Diferida, Deferred Action, EAD, Employment Authorization Document, USCIS Form I-765 | No Comments »
Jaensch Immigration Law Firm recently received a corrected practice advisory regarding the employment authorization form that will be filed with Deferred Action applications. The earlier procedure erroneously linked the Deferred Action application to the current Form I-765 (Application for Employment Authorization) and advised that this form should be filed concurrently with the deferred action application. However, USCIS has said not to use the current form. USCIS expects to make available a new employment authorization application form on August 15, 2012.
In Related News: Underestimating Deferred Action (from ILW.com)
The Migration Policy Institute (MPI) crunched the numbers and apparently DHS and a variety of other outlets have been drastically underestimating the total number of people eligible for Deferred Action. The MPI discovered that the figures DHS projected were based on the number of prospective applicants that were enrolled in school or had graduated on the mid-June date of the program’s announcement and did not account for otherwise eligible people who could choose to re-enroll in school or an equivalency diploma program.
The MPI believes that this underestimate could be by as much as half a million people, bringing their new estimate to a total of 1.76 million people that will be eligible to seek Deferred Action and work authorizations. It is noteworthy, however, that not all of these people will be immediately eligible – many are 15 or under and will become eligible shortly, presuming, of course, they remain in compliance with the other conditions required of those who apply. The full demographic profile of prospective applicants can be found here
. Does this new information change anything about Deferred Action in your mind?