When Opportunity Knocks, Answer the Door

For the last 10 years, the people have waited. Waited for Congress to provide a solution for the millions in need of immigration reform. Families have waited. Businesses have waited. And yet, still, nothing. It is unlikely that relief is coming any time soon.

The reality is that there is no simple solution to the immigration law controversy. The world is facing a refugee crisis that includes millions of people who cannot return home. Gangs, poverty, extremists and corruption become inescapable shadows for a people searching for a safe haven. Despite the humanitarian emergency, countries struggle to find answers.

In the US, immigration has always been an issue that is used by politicians to divide. Each generation of immigrants that arrives, rushes to try and pull the bridge up behind them. Despite being a nation of immigrants, the US is at constant war with its identity. The reasons behind this disharmony are deeply rooted and complicated.  And yet, when opportunity knocks, even ever so softly, so many fail to answer the door.

In 2012, frustrated with yet another stalled Immigration bill, the President mandated that certain people who were brought to the US as children, if they met the criteria, be shielded from the threat of deportation. This relief, commonly referred to “DACA”, guaranteed work authorization and an opportunity for a stable life. With the ability to obtain work, a social security card and a driver’s license, it gave DACA eligible individuals their identity.

Over half a million people came out of the shadows into the light. Contributing to the economy and their communities, they finally had a tangible glimmer of hope. And yet, so many, many more, simply did not apply. It makes little sense.

Sometimes opportunity only knocks once. The next election is about 13 months away and as the clock ticks down the Obama Presidency, the future has never been so uncertain. With so many unknowns, those who remain DACA eligible but still have not applied, need to act quickly. Those who remain unsure or unconvinced, need to seek out the help of an immigration lawyer or a competent immigration law firm and seek answers.  Time is running out.  When opportunity knocks, open the door. Opportunity may just be about to leave.

What a DHS shutdown could mean to immigrants; views from a Kansas City immigration attorney

Today, Senate democrats blocked passage of a Department of Homeland Security (DHS) spending bill loaded with amendments meant to block implementation of President Obama’s proposed executive action. These executive actions include expanding Deferred Action for Childhood Arrivals (DACA) and a new deferred action program for parents of U.S. citizen and lawful permanent resident children (DAPA).

Congress has until the end of February to pass a budget. If not, the DHS will be out of congressional funding. Will this affect the agency? Not much, probably. Most DHS employees will still go to work, and the Department can likely still go forward with Obama’s executive action.

During the October 2013 government shutdown, about 85% of DHS employees continued going to work. Many DHS employees did not receive furloughs (or mandated vacations) because they performed “emergency work involving the safety of human life or the protection of property.” If Congress does not pass a DHS budget before the end of February, these employees would still go to work; they just might not get paid for their work until Congress approves a budget.

Many other employees did not receive furloughs because there wages came from application fees instead of Congressional appropriations. This mainly included employees at United States Citizenship and Immigration Services, which receives and makes decisions on many types of immigration applications, including President Obama’s executive actions.

President Obama’s deferred action programs are fee-driven. These fees pay for employee wages and other agency costs. If Congress does not approve a budget, it likely will not stall the rollout of Obama’s executive action.

Assuming no delay, USCIS will start receiving applications for DAPA in mid- to late-May. That means come May, people like Mindy, a law-abiding mother of 2 young U.S. citizen children who came to the U.S. in 2007 to find a better life, can come out of the shadows to get work permission and temporary protection from deportation.

Repository of Resources for Undocumented Students from The College Board

The issue of advocacy and support for undocumented students came to the attention of the College Board during its first Prepárate™: Educating Latinos for the Future of America conference in 2007. Recently The College Board prepared this excellent resource list for undocumented students in the U.S.

The College Board is a mission-driven not-for-profit organization that connects students to college success and opportunity. Founded in 1900, the College Board was created to expand access to higher education. Today, the membership association is made up of over 6,000 of the world’s leading educational institutions and is dedicated to promoting excellence and equity in education.

View the list for undocumented students in the U.S.

State Driver’s License Requirements – Deferred Action

The link below is a chart that looks at whether each state’s document requirements for a driver’s license can be satisfied with a grant of deferred action, documents obtainable through a grant of deferred action, and other documents that DACA beneficiaries are likely to have. The information was gathered from the individual state’s website. Statutes or other information was not consulted. Please be mindful that websites can be outdated or mistaken, and to follow up with individual state’s departments.

Click to View the State Driver’s License Requirements Chart

Kansas City law firm gears up for large turn-out of immigrants in light of rules announcement and applications for deferred action for childhood arrivals.

Kansas City, MO (August 7, 2012) When the Obama administration announced a new immigration policy for ‘Dream Act’ youth in June 2012, dozens of young immigrants and media gathered outside the law offices of Sharma-Crawford Attorneys at Law to learn more.  When the specifics of those rules and the application process are made public, Michael and Rekha Sharma-Crawford are prepared to speak to local media regarding the interpretation and implementation of these rules and the application process from a legal perspective.

The Sharma-Crawford Law Firm today announced a third informational meeting for those ‘Dream Act’ youth and families impacted by policy specifics and applications for deferred action for childhood arrivals recently released by the Department of Homeland Security.  The first informational meeting, held after the initial announcement, was attended by an over-flow crowd of young immigrants, families and the media.

The informational meeting will help interpret specifics of the new rules, the application process and what immigrants must do to prepare for the application process.

Date:   Thursday August 9, 2012
Time:  4:00 p.m.
Location:  515 Avenida Cesar E. Chavez, Kansas City, Missouri 64108

Consideration of Deferred Action for Childhood Arrivals Process

Source: Distributed on August 3, 2012 by the U.S. Department of Homeland Security

Over the past three years, this Administration has undertaken an unprecedented effort to transform the immigration enforcement system into one that focuses on public safety, border security and the integrity of the immigration system. As the Department of Homeland Security (DHS) continues to focus its enforcement resources on the removal of individuals who pose a danger to national security or a risk to public safety, including individuals convicted of crimes with particular emphasis on violent criminals, felons, and repeat offenders, DHS will exercise prosecutorial discretion as appropriate to ensure that enforcement resources are not expended on low priority cases, such as individuals who came to the United States as children and meet other key guidelines.  Individuals who demonstrate that they meet the guidelines below may request consideration of deferred action for childhood arrivals for a period of two years, subject to renewal, and may be eligible for employment authorization.

You may request consideration of deferred action for childhood arrivals if you:

  1. Were under the age of 31 as of June 15, 2012;
  2. Came to the United States before reaching your 16th birthday;
  3. Have continuously resided in the United States since June 15, 2007, up to the present time;
  4. Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
  5. Entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012;
  6. Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
  7. 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.

Individuals may begin to request consideration of deferred action for childhood arrivals on August 15, 2012.  Please do not file before August 15.  If you file early, your request will be rejected.  Individuals can call USCIS at 1-800-375-5283 with questions or to request more information on the deferred action for childhood arrivals process or visit www.uscis.gov.

About Deferred Action for Childhood Arrivals

What is deferred action?
Deferred action is a discretionary determination to defer removal action of an individual as an act of prosecutorial discretion. Deferred action does not confer lawful status upon an individual. In addition, although an individual whose case is deferred will not be considered to be accruing unlawful presence in the United States during the period deferred action is in effect, deferred action does not excuse individuals of any previous or subsequent periods of unlawful presence.

Under existing regulations, an individual whose case has been deferred is eligible to receive employment authorization for the period of deferred action, provided he or she can demonstrate “an economic necessity for employment.” DHS can terminate or renew deferred action at any time at the agency’s discretion.

What is deferred action for childhood arrivals?
On June 15, 2012, the Secretary of Homeland Security announced that certain people who came to the United States as children and meet several key guidelines may request consideration of deferred action for a period of two years, subject to renewal, and would then be eligible for work authorization.

Individuals who can demonstrate through verifiable documentation that they meet these guidelines will be considered for deferred action. Determinations will be made on a case-by-case basis under the guidelines set forth in the Secretary of Homeland Security’s memorandum.

If my removal is deferred pursuant to the consideration of deferred action for childhood arrivals process, am I eligible for employment authorization?
Yes. Pursuant to existing regulations, if your case is deferred, you may obtain employment authorization from USCIS provided you can demonstrate an economic necessity for employment.

Does this process apply to me if I am currently in removal proceedings, have a final removal order, or have a voluntary departure order?
This process is open to any individual who can demonstrate he or she meets the guidelines for consideration, including those who have never been in removal proceedings as well as those in removal proceedings, with a final order, or with a voluntary departure order (as long as they are not in immigration detention). If you are not in immigration detention and want to affirmatively request consideration of deferred action for childhood arrivals, you must submit your request to USCIS – not ICE – pursuant to the procedures outlined below. If you are currently in immigration detention and believe you meet the guidelines you should not request consideration of deferred action from USCIS but should identify yourself to your detention officer or contact the ICE Office of the Public Advocate through the Office’s hotline at 1-888-351-4024 (staffed 9 a.m. – 5 p.m., Monday – Friday) or by email at EROPublicAdvocate@ice.dhs.gov.

Do I accrue unlawful presence if I have a pending request for consideration of deferred action for childhood arrivals?
You will continue to accrue unlawful presence while the request for consideration of deferred action for childhood arrivals is pending, unless you are under 18 years old at the time of the request. If you are under 18 years old at the time you submit your request but turn 18 while your request is pending with USCIS, you will not accrue unlawful presence while the request pending. If your case is deferred, you will not accrue unlawful presence during the period of deferred action. Having action deferred on your case will not excuse previously accrued unlawful presence.

If my case is deferred, am I in lawful status for the period of deferral?
No. Although action on your case has been deferred and you do not accrue unlawful presence during the period of deferred action, deferred action does not confer any lawful status.

There is a significant difference between “unlawful presence” and “unlawful status.” Unlawful presence refers to a period an individual is present in the United States (1) without being admitted or paroled or (2) after the expiration of a period of stay authorized by the Department of Homeland Security (such as after the period of stay authorized by a visa has expired). Unlawful presence is relevant only with respect to determining whether the inadmissibility bars for unlawful presence, set forth in the Immigration and Nationality Act at Section 212(a)(9), apply to an individual if he or she departs the United States and subsequently seeks to re-enter. (These unlawful presence bars are commonly known as the 3- and 10-Year Bars.)

The fact that you are not accruing unlawful presence does not change whether you are in lawful status while you remain in the United States.  Because you lack lawful status at the time DHS defers action in your case you remain subject to all legal restrictions and prohibitions on individuals in unlawful status.

Does deferred action provide me with a path to permanent residence status or citizenship?
No. Deferred action is a form of prosecutorial discretion that does not confer lawful permanent resident status or a path to citizenship. Only the Congress, acting through its legislative authority, can confer these rights.

Will my immediate relatives or dependents be considered for deferred action for childhood arrivals?
No. The new process is open only to those who satisfy the guidelines. As such, immediate relatives, including dependents of individuals whose cases are deferred pursuant to the consideration of deferred action for childhood arrivals process, may not be considered for deferred action as part of this process unless they independently satisfy the guidelines.

Can I be considered for deferred action even if I do not meet the guidelines to be considered for deferred action for childhood arrivals?
This process is only for individuals who meet the specific guidelines announced by the Secretary. Other individuals may, on a case-by-case basis, request deferred action from USCIS or ICE in certain circumstances, consistent with longstanding practice.

Will the information I share in my request for consideration of deferred action for childhood arrivals be used for immigration enforcement purposes?
Information provided in this request is protected from disclosure to U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP) for the purpose of immigration enforcement proceedings unless the requestor meets the criteria for the issuance of a Notice To Appear or a referral to U.S. Immigration and Customs Enforcement under the criteria set forth in USCIS’s Notice to Appear guidance (www.uscis.gov/NTA).  Individuals whose cases are deferred pursuant to the consideration of deferred action for childhood arrivals process will not be referred to ICE. The information may be shared with national security and law enforcement agencies, including ICE and CBP, for purposes other than removal, including for assistance in the consideration of deferred action for childhood arrivals, to identify or prevent fraudulent claims, for national security purposes, or for the investigation or prosecution of a criminal offense. The above information sharing policy covers family members and guardians, in addition to the requestor.

This policy, which may be modified, superseded, or rescinded at any time without notice, is not intended to, does not, and may not be relied upon to create any right or benefit, substantive or procedural, enforceable at law by any party in any administrative, civil, or criminal matter.

Does this Administration remain committed to comprehensive immigration reform?
Yes. The Administration has consistently pressed for passage of comprehensive immigration reform, including the DREAM Act, because the President believes these steps are critical to building a 21st century immigration system that meets our nation’s economic and security needs.

Is passage of the DREAM Act still necessary in light of the new process?
Yes.The Secretary’s June 15th memorandum allowing certain people to request consideration for deferred action is the most recent in a series of steps that DHS has taken to focus its enforcement resources on the removal of individuals who pose a danger to national security or a risk to public safety. Deferred action does not provide lawful status or a pathway to citizenship. As the President has stated, individuals who would qualify for the DREAM Act deserve certainty about their status. Only the Congress, acting through its legislative authority, can confer the certainty that comes with a pathway to permanent lawful status.

Frequently Asked Questions