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.
Sarasota Immigration Attorneys See Surge in Applications for What Could Be the Last Green Card LotteryPosted: October 25th, 2013 | Author: Chris Jaensch | Filed under: Sarasota Immigrants | Tags: DV Lottery, Green Card Lottery, Immigration Attorney Sarasota | No Comments »
Applicants Rush in Before Congress Eliminates the Green Card Lottery
Sarasota, FL, 10/21/13 – Immigration attorneys across the Sarasota-Bradenton area are seeing a surge in applications for the Diversity Visa or Green Card Lottery this year. Held every year in October, the Diversity Visa Lottery allows residents of countries that do not send many immigrants to America to apply for a Green Card. In order to be granted a Green Card, applicants have to prove their nationality, demonstrate a clean criminal record, and show that they will not be a public burden.
This year’s surge is due to the ongoing debate in Congress about immigration reform. In July, the Senate passed a comprehensive immigration reform bill that would eliminate the Diversity Visa. Just a few weeks ago, in the midst of the shutdown, House Democrats produced their own bill which would do the same.
“What we are seeing is an attempt on the part of the House Democrats to use the momentum they gained from ending the shutdown to pressure House Republicans into compromising on Immigration Reform,” said Chris Jaensch, managing attorney of Jaensch Immigraiton Law Firm, Sarasota’s largest immigration firm. “The Diversity Visa is already unpopular with conservatives and not seeing it on the Democrats’ bill means that if immigration reform passes, regardless of the form it takes, the Diversity Visa is out,” he continued.
President Obama has announced that Immigration Reform is one of his major objectives for the next 90 days, along with a budget and a farm bill. We could see Immigration Reform before the end of the year.
This year the Diversity Visa application window is open until 12 noon eastern standard time on November 2nd.
On Monday, October 28th, Summer Smith of BayNews9, after hearing that this year’s may be the last Diversity Visa Lottery, came to our firm to interview Victoria Jaensch Karins. Victoria is the president of the Central Florida Chapter of AILA.
UnidosNow is holding a series of rallies for immigration reform with Vern Buchanan in attendance today 18 January, and tomorrow, 19 January. The first meeting is in Bradenton and the second is in Sarasota. Come out and let your voice be heard!
This year Jaensch Immigration Law Firm sponsored the Eddie Herr International Junior Championship held at IMG Sports Academy in Bradenton. We recently wrapped up our involvement with the tournament and wanted to report on our experience and share some photos.
Work started on Monday, November 19 when we put up our banners and tent in preparation for the tournament.
We had Thanksgiving off but the hard-working folks at IMG were on campus, registering players and preparing the brackets.
Friday was the first day of the tournament and we showed up bright and early to set up our tent. We wanted it to look like the inside of a comfortable office so we brought chairs, stools and coffee tables. We placed snacks and drinks on the coffee table, free for players and coaches to take. We had a laptop and a photo displayer showing this slideshow.
After getting set up we settled in to a routine. Players, parents and coaches would walk by, pick up drinks or a snack, and share stories about their immigration experiences. Often, the same people kept coming back day after day. We really got to know a few of them very well. We also got to meet some of our fellow sponsors like Smoothie King and Aline. IMG hooked us up with free meals every day from Nick and Bennies. Their tomato salad was incredible!
Juniors as young as 12, and up to 18, played in the tournament. There was a lot of athletic talent on display. We were able to walk between the courts, which were only a few hundred yards away, and see for ourselves. It was good to see some of the players we had met through their visits to our tent play in matches on the courts.
The first few days were devoted to singles play. Around Tuesday the tournament switched to doubles play.
Quite a few well-known tennis celebrities were present. Maria Sharapova, an IMG alumnus, visited on Monday. John Isner played an exhibition match with Xavier Malisse on Tuesday. Tuesday was also the player party but by that point we had left the campus.
It was on Tuesday that our managing attorney, Chris Jaensch set aside some time to come to IMG to give a short talk on sports immigration and answer questions. After the talk people were lining up to speak to him in the tent. Most of the people at the tournament were, in fact, foreign.
Overall we were very pleased with our experience at IMG. Everything from the banners to the tent decorations worked out great and getting in and out was easy. We were well taken care of with free meals, electricity and even a TV! We learned some lessons for next time and we look forward to a similar opportunity next year.
Lou Robbio was born to an Italian father and a Polish mother in Providence, RI. After graduating from high school he spent some time in the Navy before going to Suffolk Law School in Boston. At first he planned on applying to the FBI but, in his first year of law school, decided to become a defense attorney. He worked for many years in Providence’s Federal court as a criminal defense attorney, and he argued some very high-profile cases.
His transition to Florida began rather dramatically when he had a heart attack several years ago on the courtroom floor in Providence. To him, it was a sign to retire. He moved to Florida where he remained active in criminal defense cases as a consultant.
Immigration Law: Removal Proceedings
Recently, Mr. Robbio has become more involved in immigration cases. He’s passionate about helping the under-served, especially those who arrived in the United States without inspection while they were still children. When people in this situation are served with a Notice to Appear for removal proceedings, Mr. Robbio will take on their case. The case resembles a normal court case; part of the reason Mr. Robbio enjoys the work. It starts with a Masters Calendar where Mr. Robbio enters the accused’s plea and relief claim and continues with a series of hearings, much like in a trial. Mr. Robbio’s criminal defense experience lends itself to removal proceedings cases.
Every defendant in a removal proceedings case is entitled to an interpreter and Mr. Robbio often has an interpreter with him when meeting with clients in order to ensure full comprehension on both sides. He serves clients from Miami to Orlando and can be reached via telephone: (941) 429-2194.
Mr. Robbio believes that every person in this country, regardless of how they arrived here, is entitled to the rights we have enshrined in our Constitution. He is devoted to defending those rights. He would be a good person to have on your side.
Local foreigners might be interested in the latest Foreign Business Report from Jorolco International. This quarter’s business report includes a variety of news including an itinerary for the upcoming trade mission to Colombia presented by the International Business Alliance. The mission takes place between April 12 and 20, 2012 and stops in Bogota, Medellin and Cartagena.
The report also provides focused information on several nations in Latin America.
The report continues with a list of November trade shows and business events in Latin America.
Those who are interested can read the October Jorolco Foreign Business Report in full.
Giorgio Orofino’s family has been in the hospitality business for 2 generations.
The first question on the Orofino’s FAQ page is “Can I see all of Italy in 7 days?” Their answer, “No.” This is a tour company that gives visitors the time they need to really get underneath all the layers of history, culture and cuisine that Italy offers. Visitors stay at one of the Orofino family-owned hotels – one of the reasons their prices are so reasonable – and motor around the countryside by day with time in the afternoon to get to know their location. The Orofino family motto: “Stay and Visit.”
Giorgio Orofino first came to Sarasota in 1992. It was “love at first sight” when he saw Siesta Key Beach. Every American he talked to expressed a love for Italy and Mr. Orofino saw a business opportunity. At that point his family owned two hotels in Ischia, Italy so he decided to set up a tourism company specializing in treating North Americans to an Italian-style vacation. He wanted to provide low-cost special tours, “no packing – no unpacking,” as he says. He founded the main company in Italy in 1994 and founded Stay and Visit Inc. in Florida in 1996. The two companies worked in tandem to plan tours for Americans all over Italy. The American company advertised in national media, including “The New York Times” to attract customers and worked with travel agents around the country.
As the business grew, Mr. Orofino concluded that he needed a more permanent presence in the U.S. He already had a B-2 and E-2 Visa but he needed something more permanent. At this point he decided to apply directly for the international manager green card. He continued to live and work in Italy until the Green Card was issued, which took about 3 years. Then, he and his family moved to Sarasota.
Today Giorgio and his family live happily in Sarasota and Stay and Visit Inc. is still operating with great success. Today the Orofino family owns one of the largest hotel chains in Italy and every year they enable more and more North Americans to enjoy the country. Giorgio reports: “We have many Americans and Canadians traveling from North America to Italy with us. We are proud to say that we have the best rates in the world for Italy tours and hotels.” To learn more about Giorgio and his business, visit Stay and Visit’s website and sign up for their e-newsletter by entering your email in the field on the right.
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.
- Latest Deferred Action Q&A
- USCIS Will Begin Accepting Deferred Action Applications!
- Los requisitos de Accion Diferida
Warning: Immigration Telephonic Scam
“AILA InfoNet Doc. No. 12071935 (posted Jul. 19, 2012)”
AILA has received reports of a new scam potentially victimizing aliens. According to one report, the individual will receive a call purporting to be from a USCIS officer, who will have certain correct information on the individual, including the individual’s name and address. The caller will state that there is some discrepancy in USCIS records, and ask for confirmation of data, such as an I-94 number, an “A” number, or a visa control number. The caller will then tell the individual that there is a penalty for not clearing up the discrepancy, and that the individual is to send a sum of money via Western Union, to an address the caller provides. Be on alert that your clients may be receiving such calls, and if they do, report them to appropriate law enforcement authorities, which may include the FBI, and to the Federal Trade Commission’s Bureau of Consumer Protection, whose Consumer Sentinel database is accessed by criminal and civil law enforcement authorities worldwide.
JAENSCH IMMIGRATION LAW FIRM IS READY TO HELP THOSE WHO WANT TO KNOW MORE
Sarasota, FL – On June 15, 2012, the Obama Administration announced that younger immigrants may be eligible for “Deferred Action” and work authorization. The policy will grant qualified immigrants the opportunity to live free from fear of deportation and allow them to work legally. This exciting new development brings hope to immigrants and their families.
Not long after the announcement the attorneys at Jaensch Immigration Law Firm started getting calls from individuals interested in knowing their options. Attorney Victoria Jaensch Karins responded quickly. Together with the other attorneys she developed an intake sheet which interested persons can fill out to see if the new policy applies to their case.
“We are ready to offer qualified legal advice to any who seek it in the wake of the new policy,” says Ms. Karins. “Unfortunately there are some people who pose as legal advisers but who are not qualified and who deliberately misinform people.” Ms. Karins wants to make sure that interested persons are aware first and foremost that the Administration is not yet accepting applications for deferred action unless the applicant is in deportation proceedings at this time. There should be further instructions and an opening for applications after 60 days.
In regards to those who may intentionally misinform potential applicants, they are called “Notarios.” In theUnited States, notarios have no legal background and cannot act as a qualified attorney. For example, as mentioned above, individuals thinking of applying for deferred action should not do so unless they are in deportation proceedings. However, some notarios will claim that they can submit an application, for a fee. An immigrant’s case can be delayed by notarios acting in bad faith, resulting in penalties and even deportation.
“Be careful! Do not endanger your chance to qualify for this action,” said Ms. Karins. “Make sure to contact a genuine immigration lawyer who can help ensure your application has the best chance of being filed properly,” she continued.
For more information, contact Jaensch Immigration Law Firm, (941) 366-9841, or visit their blog, ImmigrationSarasota.com.
Related articles and Resources
- Deferred Action for Student Immigrants (DREAMers) (immigrationsarasota.com)
- DHS Memo
- DHS Secretary Napolitano Announcement
- Deferred Action FAQs
- More Deferred Action FAQs