BREAKING NEWS!!! STATESIDE PROVISIONAL WAIVER STARTS END OF 2012

THE USCIS has announced that its Stateside Provisional Waiver process to allow immigrant visa applicants to overcome the 3 and ten year “unlawful presence” bars should be in full force by the end of 2012. Earlier this year, the US Department of Homeland Security (DHS) announced that it has promulgated new regulations to allow for the processing of waivers of the “three and ten year bar” for immigrant visa applicants who have previously accrued “unlawful presence” in the US. This new procedure will allow for individuals to seek a “provisional waiver” of the unlawful presence bar while still in the US, prior to their departure to apply for the immigrant visa abroad. Call us to get more information about the Stateside Provisional Waiver process.

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Deferred Action for Childhood Arrivals (DACA) program

ELIGIBILITY REQUIREMENTS CHECKLIST

·         Born on or after June 16, 1981

·         Came to the United States before reaching 16th birthday

·         Have continuously resided in the U.S. since June 15, 2007 (the past 5 years), up to the present time

·         If previously deported, ordered removed, or left the US during this period, DISCUSS WITH AN

·         IMMIGRATION ATTORNEY

·         Were physically present in the United States on June 15, 2012, and at the time of making DACA application

·         Entered without inspection before June 15, 2012, or lawful immigration status expired as of June 15, 2012

·         Are currently in school, have graduated from high school, or obtained a general education certificate (GED)

·         Have NOT been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do

·         not otherwise pose a threat to national security or public safety

·         If you have any arrests or criminal convictions, DISCUSS WITH AN ATTORNEY

·         Be at least 15 years old to file an application (unless you are or have been in deportation proceedings)

Why do you need an attorney to successfully file a DACA case for young persons?

1) An attorney can effectively help you gather and assemble the necessary documents establishing eligibility and proving physical presence in the USA on June 15, 2012 and also the five years of continuous residence since June 2007.  You want to avoid submitting incorrect or unverifiable information and to avoid submitting documents that will damage your chances for to be approved for DACA status, including documents that appear not to be real.

2) You cannot file an appeal or a motion to reopen if your DACA case is denied.  An application for DACA is a ONE-TIME, ONE-SHOT FILING.

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Obama Offers Two Years of 'Deferred Action' to Illegal Immigrants

President Obama on Friday, June 15, 2012 announced a temporary policy providing a two-year deferral from deportation for young illegal immigrants who entered the U.S. before the age of 16 and meet several other requirements.

The deportation deferral policy is intended to apply to young illegal immigrants who entered the United States with their parents or other adults. Children born to illegal immigrants while already in the U.S. are automatically classified as American citizens under the 14th Amendment, as interpreted by the Supreme Court in its 1897 U.S. v. Wong Kim Ark decision. 

In a memorandum issued Friday, June 15, Secretary of Homeland Security Janet Napolitano authorized U.S. immigration officials to grant a renewable, two-year deferral from deportation for illegal immigrants who pose no security risk and:

* Are not above the age of 30;

* Were under age 16 when they came to the United States;

* Have continuously resided in the United States for at least five years;

* Are currently in school, have graduated from high school, have obtained a general education development certificate (GED), or are honorably discharged veterans of the Coast Guard or Armed Forces of the United States; and

* Have not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise pose a threat to national security or public safety.

Illegal immigrants meeting all of the requirements for deferral of deportation will also be eligible to apply for authorization to work legally in the United States.Call 212-402-6886 for more information. 

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