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Repost: Historic Vote in Florida House Clears Way for Noncitizen to Practice Law

Posted: May 6th, 2014 | Author: | Filed under: Deferred Action, Immigration Reform | Tags: , , | No Comments »

 Reposted from Tampa Bay Times.

Samperio

Samperio

TALLAHASSEE — In a historic vote with strong political overtones, the Florida House joined the Senate on Thursday in backing a Pinellas County immigrant’s bid to practice law even though he’s not a U.S. citizen.

A beaming Jose Godinez-Samperio, 27, of Largo offered a grateful thumbs-up from the House gallery as members gave him a resounding ovation following a 79-37 vote that Speaker Will Weatherford called “an act of justice.” The Florida State University law school graduate has tried without success for 2½ years to gain admission to the Florida Bar and fulfill his dream of becoming an immigration lawyer.

The Florida Supreme Court ruled unanimously in March that it could not help Godinez-Samperio because federal law prevents giving taxpayer-funded public benefits to undocumented immigrants. Justices urged the Legislature to intervene and exempt Florida from that law, which led to Thursday’s vote.

The House amended the bill, though, adding that for a noncitizen to get a Florida law license, he must register for the military draft, which Godinez-Samperio has done. The Senate is expected to agree today, the last day of the session, which would send the bill (HB 755) to Gov. Rick Scott, who said Thursday he will sign it.

“I couldn’t believe how much support there was in the Legislature,” said Godinez-Samperio, a paralegal at Gulf Coast Legal Services. “I feel great that we have been able to educate a lot of people who felt differently.”

He has spent weeks meeting with individual lawmakers and his legal team has emphasized that Godinez-Samperio has met all of the Bar’s admission requirements, including a background check for character and fitness. Another key argument they made is that for other state-regulated occupations, citizenship is not a requirement to obtain a professional license.

As a so-called “Dreamer,” Godinez-Samperio is in the United States legally, but not permanently. He has work authorization, a Social Security card and a Florida driver’s license.

Thursday’s vote, combined with lawmakers’ support for cheaper in-state college tuition for undocumented immigrant students, are two watershed policy changes affecting undocumented immigrants that would have been unthinkable a year ago in Tallahassee.

“This is truly transformative,” said Patsy Palmer, one of Godinez-Samperio’s lawyers.

It also reflects a dramatic election-year shift in the Republican Legislature at a time when Scott appears to face an uphill battle winning re-election in a state where Hispanics are the fastest-growing minority.

Born in Mexico, Godinez-Samperio came to the United States with his parents at age 9, and never left because they overstayed their tourist visas. He learned English, became an Eagle Scout, was valedictorian of his senior class at Armwood High in Seffner and an honors student at FSU’s law school.

The opposition in the House was strongest among a group of conservative Republicans, some of whom described Godinez-Samperio as “illegal,” a term senators avoided. But Rep. Greg Steube, R-Sarasota, a lawyer and Iraq war veteran, championed the legal scholar’s cause and said that he was ready to defend his adopted country was “very compelling.”

Rep. Richard Corcoran, R-Trinity, criticized Godinez-Samperio’s lobbying. “He knew the rules of the game before he started playing and we shouldn’t change the rules at the end of the game,” said Corcoran, who will become House speaker in 2016. “He won, and he shouldn’t have.”

How Tampa Bay members voted

Votes Thursday on HB 755, which includes a provision that will allow a noncitizen to be admitted to the Florida Bar.

Yes: Janet Cruz, D-Tampa; Mark Danish, D-Tampa; Dwight Dudley, D-St. Petersburg; James Grant, R-Tampa; Ed Hooper, R-Clearwater; Amanda Murphy, D-New Port Richey; Kathleen Peters, R-South Pasadena; Dan Raulerson, R-Plant City; Betty Reed, D-Tampa; Darryl Rouson, D-St. Petersburg; Rob Schenck, R-Spring Hill; Will Weatherford, R-Wesley Chapel; Dana Young, R-Tampa; and Carl Zimmermann, D-Palm Harbor.

No: Larry Ahern, R-Seminole; Richard Corcoran, R-Trinity; Jimmie Smith, R-Inverness; and Ross Spano, R-Dover.

Not voting: Jake Raburn, R-Lithia.

 


Victoria Jaensch Karins Quoted in SRQ Herald Tribune

Posted: April 4th, 2014 | Author: | Filed under: Jaensch Immigration Law Firm, Sarasota Immigrants | Tags: , , , | No Comments »

Scroll to bottom to see her quote. Reposted from Herald Tribune Website:

Making a case for in-state tuition

By Zac Anderson , Herald-Tribune
/ Thursday, April 3, 2014

Mylena DeMaman has been working and saving for college since graduating from Sarasota High School in 2012, but the high cost of continuing her education can be disheartening.

The 19-year-old recently filled out an application to attend State College of Florida and was dismayed to learn she may have to pay much more than most students — $11,595 annually to attend full-time versus $3,074 for the typical Florida resident.

Mylena DeMaman has lived in Sarasota for a decade, plenty of time to qualify for cheaper in-state tuition at a Florida university. DeMaman is applying to State College of Florida and hopes to get an associate's degree before moving on to a Florida university.  But because DeMaman's parents brought her to the country illegally as a young girl, the bright 19-year-old with ambitions of becoming a doctor will have to pay triple what other Florida residents do for college. DeMaman believes that is unfair. Surprisingly, many state lawmakers agree. Legislation has already cleared the House and is advancing in the Senate that would give undocumented college students such as DeMaman in-state tuition.    (Apr. 2, 2014; Herald-Tribune staff photo by Mike Lang)

Mylena DeMaman is applying to State College of Florida and hopes to get an associate’s degree before moving on to a Florida university. But because DeMaman’s parents brought her to the country illegally as a young girl, the bright 19-year-old with ambitions of becoming a doctor will have to pay triple what other Florida residents do for college.  (Staff photo by Mike Lang)

The extra cost stems from the fact that DeMaman’s family came to the United States from Brazil illegally a decade ago.

Undocumented immigrants pay the higher “out of state” tuition rate at most Florida colleges and universities, but that could soon change. In a surprising move that has divided Republicans and contradicts previous efforts by state leaders such as Gov. Rick Scott to crack down on immigrants who came to the country illegally, momentum is building to grant in-state tuition to undocumented students who have attended Florida high schools.

Political observers say the legislation — which has cleared the House and passed a second Senate committee this week — is a concession to the demographic changes shaping Florida.

Hispanics are an increasingly influential voting bloc. They made up 17 percent of the Florida electorate in the 2012 presidential election, up from 14 percent in 2008, according to the Pew Hispanic Center. These voters lean heavily Democratic: President Barack Obama won 60 percent of Florida Hispanics in 2012. Republicans would like to change that equation going forward.

“2012 was a demographic reality check for Republican strategists,” said New College of Florida political science professor Frank Alcock.

The in-state tuition bill is a significant step by Florida GOP leaders toward Hispanic outreach. It has been championed by House Speaker Will Weatherford, a Wesley Chapel Republican seen as a potential candidate for statewide office. But the legislation is not without political risks, especially for Scott.

The governor won office in 2010 touting a tough Arizona immigration law that critics said amounted to racial profiling. He also supported forcing Florida businesses to electronically verify that their workers are in the country legally.

Scott’s hard-line immigration views endeared him to the Tea Party and likely contributed to his closely contested primary victory. Many conservatives strongly oppose the in-state tuition bill and say Scott’s signature on the legislation would be a betrayal.

“He’d be making a mistake to support this bill,” said Beth Colvin with the Sarasota Patriots, a local Tea Party group. “I just feel the majority of the conservatives have faith in him because he does have his values and his heart in the right place and I just don’t feel like there’s any need for us to reach out to illegals.”

Yet Scott long ago stopped talking about the Arizona immigration law or E-verify, and appears to be moving toward the center on immigration issues. He expressed support for the Senate tuition bill this week, but avoided talking specifically about illegal immigrants.

Lawmakers have sweetened the legislation by including one of Scott’s top priorities in the bill, a provision that limits universities from hiking tuition without legislative approval.

That allows Scott to sell the legislation as a financial boon for all students, not just undocumented immigrants.

“On behalf of all of Florida’s families who dream of a brighter future for their kids, and all of our students who aspire to achieve success in the classroom and in the workforce, we will keep fighting to help every student in Florida afford a college education,” Scott said in a statement after the bill passed the Senate Judiciary Committee Tuesday by a 7-2 vote, with four Republicans in support and two in opposition.

Alcock said Scott is walking a fine line with the tuition measure, trying to “have his cake and eat it” by quietly backing a priority of the Hispanic community while working to minimize Tea Party anger. Ultimately, the rewards are probably worth the risk.

“Tea Party people are going to show up no matter what and they’re not going to vote for” Scott’s Democratic opponent, expected to be Charlie Crist, Alcock said.

The legislation still has two more committee stops in the Senate. The fact that top Republicans on the Judiciary Committee voted for the bill is a favorable sign for the measure. Supporters included Sen. John Thrasher, the former Republican Party of Florida chairman, and Sen. Andy Gardiner, the next Senate president.

Sen. Bill Galvano, R-Bradenton, voted against the bill at an earlier committee stop but has agreed to let it be heard next by the Appropriations Subcommittee on Education, which Galvano chairs. Sen. Nancy Detert, R-Venice, also is on the committee.

There is strong interest in the issue among the Hispanic population in Sarasota and Manatee counties, said Victoria Karins, a Sarasota immigration attorney who has helped DeMaman and roughly 150 other young people in the region gain a measure of legal status through the Deferred Action for Childhood Arrivals program announced by President Barack Obama in 2012.

Deferred action allows younger immigrants who have been in the country for years to obtain a driver’s license, Social Security number and limited protection against deportation.

The in-state tuition bill is another step toward “being able to really fully integrate them into society,” Karins said.

DeMaman’s father works as a mechanic. Her mother cleans houses. They emphasize the importance of education.

“They always tell us, ‘The reason why we brought you to this country was to do good in school,’ and fortunately I really like school,” said DeMaman, who has lived in Sarasota since the fourth grade and speaks without an accent.

Bright and highly motivated, DeMaman has long been focused on a medical career. She took medical billing classes at the Sarasota County Technical Institute while in high school and served as president of SCTI’s Future Business Leaders of America club.

Working at a medical practice over the last year has sparked an interest in becoming a doctor. But the costs can seem daunting.

“It is discouraging,” she said. “And why would you want to discourage somebody from getting an education?”


(English & Espanol) TheDream.US Offers College Scholarships to Qualifying DREAMers

Posted: March 6th, 2014 | Author: | Filed under: Deferred Action, Immigration Reform | Tags: , , , | 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.

The Dream.US

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.

Requirements include:

  • 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.


Sarasota Immigrants Can Use EAD Cards as Primary ID

Posted: October 24th, 2013 | Author: | Filed under: Deferred Action, Sarasota Immigrants | Tags: , , | 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.

2013.1017.BB&T Map

BB&T Locations

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.

2013.1017.BB&T Daca and Eads

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.

2013.1009.BB&T


Abogado de inmigración da nuevo seminario sobre la reforma migratoria

Posted: August 27th, 2013 | Author: | Filed under: Jaensch Immigration Law Firm | Tags: , , | No Comments »

Cesar Gomez, nuestro gerente de negocio hispano, dio un nuevo seminario sobre la reforma migratoria en la iglesia Epiphany Cathedral en Venice el fin de semana pasado.  El fue invitado por Padre Paul, el cura que da las misas españoles en la iglesia.  El seminario fue bien asistido, con mucha gente quedándose después de la misa para aprender más sobre la reforma migratoria y el proceso legíslativo.

Ceasr Gomez.Reforma Migratoria

Cesar Gomez da un discurso sobre la reforma migratoria.

La reforma migratoria, especificamente, el proyecto de ley S. 744, creado por el “gang of 8” que incluye el senador Marco Rubio de Florida, paso el Senado en junio y ahora se encuentra en la Casa de Representantes.  La Casa de Representantes no actuó sobre la legislación antes del descanso que empezó la primera semana de agosto y termina en septiembre.  Por lo tanto, la reforma migratoria se ve un poco frenado, incluso que algunos republicanos dicen que está muerto.

Nosotros, en Jaensch Immigration Law Firm, no creemos eso.  Nosotros estamos esperando a que el congreso se reune en septiembre para darles noticias más firmes.  En ese momento podremos averiguar con más certitud como soplan los vientos políticos.

Mientras tanto seguimos dando seminarios y discursos por lo largo de los condados de Sarasota, Manatee y DeSoto, para educarle a la gente sobre que está pasando en el congreso.  Hablamos de la creación de este proyecto de ley, la etapa legíslativa donde se encuentra en este momento, que falta para que pase, y las posibilidades que crearía.  Sobre todo la posibilidad de que la gente indocumentada se legalize.  Proveemos información en forma infográfica sobre este tema, también información general en forma de nuestro brochur.

Metimos una copia digital para en este blog para la gente que no han podido venir a uno de nuestros seminarios.

La gente indocumentada se pueda legalizar por tres caminos.

  1. Si se caye en la categoría de gente que puede pedir para el DACA, o sea, los DREAMers, hay un camino que duraría 8 años.
  2. Para trabajadores agrícolas hay otro camino que también duraría 8 años.
  3. Para los demás el proceso duraría 13 años.

Infographic.Pathway to Citizenship

**Ojo, esto es lo que contiene el proyecto de ley.  Este proyecto no está aprobado todavóa  y esta sujeto a cambios.  Quédense informados en nuestra pagina web, y paginas de Facebook y de Google+.


News on Comprehensive Immigration Reform, Amendments, DACA Statistics

Posted: June 19th, 2013 | Author: | Filed under: Deferred Action, National News | Tags: , , | 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.

http://www.natlawreview.com/article/comprehensive-immigration-reform-proceeds-to-senate-floor-heated-debate-expected-to-

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.


House Votes to Defund DACA

Posted: June 11th, 2013 | Author: | Filed under: Jaensch Immigration Law Firm, National News, Sarasota Immigrants | Tags: , , | No Comments »

What the recent vote to defund DACA means for you

The Jaensch Immigration Law Firm has been contacted by the public about some disturbing news this week which has Immigrants even more uneasy while nervously awaiting Congressional action on the proposed Comprehensive Immigration Reform:

First, The House of Representatives in Washington voted Wednesday  to “defund” the DACA (Deferred Action for Childhood Arrivals).  It means the House wanted to not make money available for the DACA program.  While this sounds very alarming in reality it is a symbolic gesture.  DACA is not funded separately, so funds cannot be taken away.  The Republican-controlled House wanted to show that they oppose President Obama’s program to allow young undocumented immigrants – the so-called “Dreamers” – to live and work in the U.S.  The Republicans want to stall the Government’s  DACA program and want Congress to vote on the controversy of allowing illegals to become legal.  Any cancellation of DACA would require approval in the House and the Democrat-controlled Senate as well as the President’s signature, an unlikely prospect.  So, the House vote has no effect on DACA at the moment.  And the rumor that Dreamers will be deported is also nothing more than a rumor and very unlikely to happen.

Second, Governor Scott last Tuesday vetoed a law to go into effect that would allow DACA applicants to obtain driver’s licenses.  The Florida legislature almost unanimously had voted for the bill but Gov. Scott used his authority to not put the law into effect.  The Governor said in his veto message that he rejected the President’s policy of creating DACA with his own policy power without having the force of law.  In the meantime, those DACA applicants who have been approved and have their work authorization will continue to obtain driver’s licenses and their current one remains valid.


Victoria Jaensch Karins Cited in Biz941 Article

Posted: December 10th, 2012 | Author: | Filed under: Deferred Action | Tags: , , | No Comments »


What Do Employers Need to Know About Deferred Action?

Posted: November 6th, 2012 | Author: | Filed under: Deferred Action | Tags: , , , | 1 Comment »
Sarasota Immigration Attorney Victoria Jaensch Karins

Sarasota Immigration Attorney Victoria Jaensch Karins

I was recently asked this question by a reporter from “Biz941”.  Employers should definitely be aware of Deferred Action.  It creates a path for those who previously could not work legally to join the labor force.

To review, Deferred Action for Childhood Arrivals is a new government policy announced by President Obama on June 15th, 2012 and enacted on August 15th, 2012.  In essence the President announced that Immigration and Customs Enforcement (ICE) will no longer pursue children of illegal immigrants who arrived in the US while minors as priority targets for deportation if they are granted Deferred Action.  The executive order also created a path for people who meet the Deferred Action requirements to apply for an Employment Authorization Document (EAD) and a Social Security Number.

This is important because it means that immigrants who previously could not work due to their legal status can now do so legally.  This has the potential to widen the labor pool.  But there still exists the potential for fraud.  Some workers who are not legally employable may present a false Social Security number when applying for a job.  It is illegal to hire anyone who does not have a valid Social Security number.  Employers should be aware of this and understand that a person who has been granted Deferred Action will also have a valid Social Security number and is legally employable.

One way to test whether an individual is legally employable is by using E-Verify, the web-based government program that allows employers to verify the legal status of their prospective workers, in most cases immediately.  The idea is that E-Verify will make it easier for employers to obey the law and hire legal workers.

But, there is a small error rate.  Sometimes the information entered into E-Verify does not find a match in either the Department of Homeland Security’s or the Social Security Administration’s databases. That is why it is important for employers who use E-Verify to make sure they enter their prospective employees’ information correctly and that they notify their prospective employees immediately if E-Verify returns what’s called a Tentative Non-Confirmation (TNC).  Understand that it is possible that an individual recently granted Deferred Action and a valid EAD and SSN will still produce a Tentative Non-Confirmation with the E-Verify system.

At this point E-Verify is voluntary for most Florida businesses.  Florida state agencies and contractors are required to use the program.


More on Deferred Action Approvals

Posted: November 2nd, 2012 | Author: | Filed under: Deferred Action | Tags: , , , , , | No Comments »

Sarasota Immigration Attorney Victoria Jaensch Karins

Sarasota Immigration Attorney Victoria Jaensch Karins

USCIS continues issuing Deferred Action for Childhood Arrivals approvals.  The turn-around time is about 2 months on average.  When we applied for Deferred Action we also applied for an Employment Authorization Document (EAD).  Being granted Deferred Action means that the EAD will be issued soon.  Once the EAD is issued, the recipients can take their documents to the local Social Security office and apply for a number.   Social Security numbers take about 7 to 10 days to be issued.  The closest office is at 2001 Siesta Dr., Suite 301, Sarasota, FL 34239.  The phone number is 1-800-772-1213.  They are open Monday-Friday 8:30am to 3pm.

Good luck to all those who applied for Deferred Action.