Posted: June 26th, 2012 | Author: Chris Jaensch | Filed under: Deferred Action | Tags: Criminal Record, Deferred Action, Immigration, Obama Administration, Sarasota Immigration Attorney, Work Authorization | 2 Comments »
There are thousands of people who will benefit from the new Deferred Action policy. Until the regulations and rules regarding the program are released in 60 days or so, we urge you to use this time to collect documents that will help prepare your case.
DO NOT apply without getting your criminal history (including juvenile delinquency adjudications) reviewed FIRST. The Department of Homeland Security (DHS) will conduct background checks, collect information from local law enforcement, and examine your criminal history, including arrest records and criminal warrants. You risk having DHS and/or ICE detain and deport you, if you apply for deferred action without having your criminal history reviewed.
We do not know what kind of criminal history could bar you from the deferred action program announced by Obama last week. We know that convictions for a felony, a significant misdemeanor or three or more misdemeanors are bars to the program. Moreover, a person who immigration authorities consider a “public safety threat” or a “national security threat” will be barred.
What is a “significant misdemeanor”?
This is an unclear phrase. According to recent documents released by the government, it appears it will include offenses such as driving under the influence, possession of a controlled substance (e.g. marijuana), obstruction of justice, assault and theft. Many of these crimes can subject you to mandatory detention. Do not assume that your misdemeanor conviction is not a serious misdemeanor.
What could count as a “public safety threat”?
We do not know. It could be that officials will look behind dismissed charges or juvenile delinquency adjudications to determine whether a person presents a public safety threat. Juvenile delinquency adjudications any connections with gang activity or any action where the police stopped you and asked questions about gangs or gang membership any arrest or dismissed charge.
What could count as a “national security threat”?
We do not know. DHS broadly characterizes “participation in activities that threaten the United States” as a national security threat. This means it will not be limited to criminal convictions.
What should I do?
1. Get a copy of your record from whatever court your case was heard, including all juvenile delinquency adjudications. Try to get copies of police reports, a criminal history background check, or your “rap sheet.” Many states already have systems for you to collect your criminal history. In many cases, you can find it on your local county website or state government websites. Make sure you get them from all states where you believe you may have been arrested or convicted.
2. Meet with a nonprofit organization, an immigration attorney or advocate experienced in deportation defense or the immigration consequences of criminal convictions. Make sure they review all your arrest information and criminal conviction documents. Do NOT consult “Notarios” if you have a criminal history.
For more information check out:
Posted: June 21st, 2012 | Author: Chris Jaensch | Filed under: Deferred Action | Tags: Deferred Action Announcement, End to Deportations, Obama Administration, Questions about New Immigration Policy, Sarasota Immigration Attorney | 4 Comments »
This Q&A Comes from the USCIS Website:
What documentation will be sufficient to demonstrate that an individual came to the United States before the age of 16?
Documentation sufficient for an individual to demonstrate that he or she came to the United States before the age of 16 includes, but is not limited to: financial records, medical records, school records, employment records, and military records.
What documentation will be sufficient to demonstrate that an individual has resided in the United States for a least five years preceding June 15, 2012?
Documentation sufficient for an individual to demonstrate that he or she has resided in the United States for at five years immediately preceding June 15, 2012 includes, but is not limited to: financial records, medical records, school records, employment records, and military records.
What documentation will be sufficient to demonstrate that an individual was physically present in the United States as of June 15, 2012?
Documentation sufficient for an individual to demonstrate that he or she was physically present on June 15, 2012, the date the memorandum was issued, includes, but is not limited to: financial records, medical records, school records, employment records, and military records.
What documentation will be sufficient to demonstrate that an individual is currently in school, has graduated from high school, or has obtained a general education development certificate (GED)?
Documentation sufficient for an individual to demonstrate that he or she is currently in school, has graduated from high school, or has obtained a GED certificate includes, but is not limited to: diplomas, GED certificates, report cards, and school transcripts.
What documentation will be sufficient to demonstrate that an individual is an honorably discharged veteran of the Coast Guard or Armed Forces of the United States?
Documentation sufficient for an individual to demonstrate that he or she is an honorably discharged veteran of the Coast Guard or Armed Forces of the United States includes, but is not limited to: report of separation forms, military personnel records, and military health records.
Are individuals with a conviction for a felony offense, a significant misdemeanor offense, or multiple misdemeanors eligible for an exercise of prosecutorial discretion under this new process?
No. Individuals who have been convicted of a felony offense, a significant misdemeanor offense, or three or more other misdemeanor offenses not occurring on the same date and not arising out of the same act, omission, or scheme of misconduct are not eligible to be considered for deferred action under the new process.
What offenses qualify as a felony?
A felony is a federal, state, or local criminal offense punishable by imprisonment for a term exceeding one year.
What offenses qualify as a “significant misdemeanor”?
A significant misdemeanor is a federal, state, or local criminal offense punishable by no more than one year of imprisonment or even no imprisonment that involves: violence, threats, or assault, including domestic violence; sexual abuse or exploitation; burglary, larceny, or fraud; driving under the influence of alcohol or drugs; obstruction of justice or bribery; unlawful flight from arrest, prosecution, or the scene of an accident; unlawful possession or use of a firearm; drug distribution or trafficking; or unlawful possession of drugs.
How many non-significant misdemeanors constitute “multiple misdemeanors” making an individual ineligible for an exercise of prosecutorial discretion under this new process?
An individual who is not convicted of a significant misdemeanor but is convicted of three or more other misdemeanors not occurring on the same day and not arising out of the same act, omission, or scheme of misconduct is not eligible to be considered for deferred action under this new process.
What qualifies as a national security or public safety threat?
If the background check or other information uncovered during the review of an individual’s request for deferred action indicates that the individual’s presence in the United States threatens public safety or national security, he or she will be ineligible for an exercise of prosecutorial discretion. Indicia that an individual poses such a threat include, but are not limited to, gang membership, participation in criminal activities, or participation in activities that threaten the United States.
Will dependents and other immediate relatives of individuals who receive deferred action pursuant to this process also be eligible to receive deferred action?
No. The new process is available only to those who satisfy the eligibility criteria. As a result, the immediate relatives, including dependents, of individuals who receive deferred action pursuant to this process are not eligible to apply for deferred action as part of this process unless they independently satisfy the eligibility criteria.
If I receive deferred action through this process, will I be able to travel outside the United States?
USCIS is exploring this issue and will resolve it in the coming weeks as part of its implementation plan.
Will there be any exceptions to the requirement that an individual must have resided in the United States for a least five years preceding June 15, 2012?
An individual must demonstrate that he or she has resided in the United States for a least five years preceding June 15, 2012. Brief and innocent absences undertaken for humanitarian purposes will not violate this requirement.
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