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Carl Shusterman's Immigration Update

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  1. DACA is Ending – What You Should Do Now



    On September 5, the Trump Administration announced that DACA which has shielded over 800,000 young people who were brought to the US as children from deportation for the past 5 years was coming to an end.


    The USCIS will no longer accept new applications for DACA or for advance parole travel permits.

    However, for a brief period of time which ends on October 5, 2017, current DACA recipients whose DACA status expires prior to March 5, 2018 may apply to renew their status and EADs for another 2 years. If you fit into this category, be sure to apply for a DACA and EAD renewal immediately.


    Although USCIS will not accept new applications for advance parole from DACA recipients and will return all pending applications for advance parole, if you already have an advance parole through DACA that you have not used and you last entered the US without inspection, you may want to travel abroad and return to the US with your advance parole document. This may allow you to adjust your status in the US in the future. Please see DACA Renewals – Plus DACA To Green Card!.


    In addition, there are a variety of other immigration benefits that you may be eligible for. These are detailed in Screening Potential DACA Requestors for Other Forms of Relief published by the American Immigration Council.


    We link to the various government memos regarding the termination of the program from End of DACA Program – Frequently Asked Questions.


    Will Congress pass a bill to provide DREAMers with a path to US citizenship, or at least to protect them from deportation after March 5, 2018?


    That’s anyone’s guess.


    The DREAM Act was first introduced back in 2001, and has never been passed by Congress. Whether Congress will act to protect the DREAMers in 2017-18 remains to be seen.


    There are currently 4 bills in Congress to help the Dreamers. There has been much speculation as to whether the Democrats and President Trump can make a deal to help the Dreamers the way they did recently on the short term hike in the debt ceiling.


    Several states are suing the Administration over the DACA termination. So is the University of California.


    Religious leaders from many faiths have condemned President Trump's decision to phase out DACA. Representative Luis Gutierrez (D-IL) has threatened to shut down the government if the House of Representatives fails to pass the DREAM Act.


    Some commentators had concluded that there is a racial basis for ending DACA and attempting to restrict immigration to the US.


    I watched Steve Bannon on "60 Minutes" last night. He stated that he was all in favor of ending DACA and that the answer to the problem is for the Dreamers to "self-deport". Outrageous!


    If you are also upset about how the 800,000 young DACA recipients are being treated, this is the time for you to act. Take a few minutes and let the White House and your Members of Congress know that it is important to you that they protect the Dreamers.


    With DACA ending, it is important that we Act Now For Dreamers.

    Updated 09-12-2017 at 01:33 PM by CShusterman

  2. 10 States to Trump: End DACA or We’ll Sue You!

    Although many people see President Trump as the most anti-immigrant President in recent history, to others, he is not anti-immigrant enough.


    In a memo issued on June 15, 2017, DHS Secretary John Kelley rescinded the Obama Administration's memorandum expanding the DACA program and creating the DAPA program for certain parents of US citizens. However, the memo declared that the original DACA program created in 2012 for children who were brought to the US at a young age by their parents “will remain in place”.


    On June 29, the Attorneys General of Texas and 9 other states (Arkansas, Alabama, Idaho, Kansas, Louisiana, Nebraska, South Carolina, Tennessee and West Virginia) sent a letter to US Attorney General Jeff Sessions threatening to bring an action in Federal Court to declare that the DACA program is unconstitutional unless the Department of Homeland Security (DHS) phases out the program.


    [sc name="Review Block" image="/images/photo6.gif" title="Know Their Job Well And Perform It Flawlessly" review="Don’t do the mistake we did and try to save few bucks going with nonprofessionals and sole practitioners! It will end up not only costing you much more in the long run, but also putting your status in jeopardy which can have a priceless impact. It is one of the most important steps in your life." reviewer="- Sgt. Danny Lightfoot, Los Angeles, California"]


    The letter demands that DHS rescind the 2012 memorandum which created DACA, and not renew or issue any DACA permits in the future. If DHS does so by September 5, the letter states that the plaintiffs will voluntarily dismiss their lawsuit.


    However, if the DHS does not do so, the letter states that the complaint challenging DAPA and the expanded DACA program in Texas v. United States will be amended to include the existing DACA program.


    Both the DAPA and expanded DACA programs have been enjoined by the Federal Courts. The Supreme Court has remanded the case to the District Court Judge in Texas to rule on the merits of the case.


    The bottom line is that these 10 Attorney Generals want the DACA program to be abolished thereby making the nearly 800,000 Dreamers who benefit from DACA undocumented aliens once again, subject to deportation.


    How did Attorney General Sessions react to the threatening letter? Was he offended?


    Apparently not.


    On “Fox and Friends”, Sessions stated: “… I like it that our states and localities are holding our federal government to account, expecting us to do what is our responsibility to the state and locals, and that’s to enforce the law.”


    Will President Trump cave in and end the DACA program? If he does, Dreamers will be an easy target for DHS to deport since the government has each of their addresses.


    There are some limited options for certain DACA recipients to apply for green cards before the program is rescinded or struck down by the Supreme Court a couple of years from now.


    But for the majority of DACA recipients, the best post-DACA plan of action may be to change their addresses.


    And is it even remotely possible that Congress would pass a law to protect the Dreamers? Perhaps, but only if they are pressured by their constituents to do so.


    Stay tuned!
  3. Trump's Immigration Executive Orders



    President Trump wasted no time in signing a number of executive orders which concern our country’s immigration policies.


    Today, he signed 2 executive orders, one of which authorizes the building of a wall along the U.S.-Mexico border and another which would curb Federal funding to sanctuary cities across the country.


    The President called for the hiring of 5,000 additional border agents and another 10,000 immigration officers. He is also reinstating the Secure Communities program which was ended by President Obama. This program requires local law enforcement agencies to share fingerprint and other arrest data with the DHS.
    In addition, federal agencies such as the IRS and the Social Security Administration will be required to share information regarding unauthorized immigrants with the DHS.


    The number of persons incarcerated in immigration detention centers will be greatly increased from the present population of 34,000.


    Tomorrow, President Trump is expected to sign another executive order, one which will temporarily halt refugee resettlement in the US and prevent persons from 7 Middle Eastern countries from entering the US with green cards or temporary visas.


    The 7 countries are Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen. The ban will last at least 30 days and could be imposed permanently if the governments of these countries do not comply with certain DHS and State Department requirements. The ban applies not only to tourists, students and temporary workers, but also to permanent residents of the US. It does not apply to persons from these countries who have become US citizens. Nor does it apply to citizens of Saudi Arabia and the Gulf States.


    Tomorrow’s executive order will also impose an indefinite ban on Syrian refugees coming to the US as well as a 120-day ban on refugees from other countries. When the US begins accepting refugees again, the number will be reduced by over 50%.


    Christians and other religious minorities from Moslem countries will be given priority for refugee status.


    None of President Trump’s first 3 executive orders concern the DACA program.
  4. USCIS Filing Fees to Increase Starting December 23

    Need a good reason to file your application for an immigration benefit sooner rather than later?


    The USCIS will significantly raise filing fees for over 3 dozen types of applications and petitions beginning on December 23, 2016, some by over 100%.


    While the steepest increases will be for EB-5 investors and regional centers, filing fees for commonly-used applications and petitions will also be raised.


    • US Citizenship


    Want to become a US citizen through naturalization? The price for filing an N-400 form (which used to be $15 when I was an INS Citizenship Attorney) is slated to rise from $595 to $640.


    However, there will be a new partial fee waiver for N-400s filed by qualified low-income individuals.


    Do you have foreign-born children who either acquired US citizenship through you at birth or derived citizenship as minors? I hope you are sitting down while you are reading this. The filing fees for forms N-600 and N-600K will almost double, from $600 to $1,170!


    Suggestion: Save your money and apply for a US passport instead.


    • Family-Based Immigration


    Applying for a green card for your spouse? Time to pool your money together.


    The filing fees for forms I-130, I-131, I-765 and I-485 are all rising: (1) by $115 for form I-130; (2) by $215 for form I-131; by $155 for form I-485 and by $30 for form I-765.


    However, if the I-131 and the I-765 are filed together with the I-485, you will be able to continue to pay only the I-485 fee.


    The filing fee for a form I-751 petition to remove conditions for a spouse of a US citizen will be increased to $595.


    The fee for filing a petition for a fiancée of a US citizen will rise from $340 to $535.


    • Employment-Based Immigration


    The filing fee for form I-129 which is used to petition a nonimmigrant worker will increase from $325 to $460 while the fee for an I-140 will rise from $580 to $700.


    • Fees That Will Stay The Same


    1. Biometric Services Fee
    2. Premium Processing
    3. Refugee Travel Documents
    4. Forms I-821 and I-821F


    • What You Should Do


    To the extent possible, make sure that your petitions and applications for immigration benefits are filed with the USCIS before December 23.


    Folks with low incomes will still be able to request fee waivers using form I-912.
  5. Who Will Succeed Justice Scalia on the Supreme Court?




    Supreme Court Justice Antonin Scalia died on February 13, 2016. He may have been the most influential Justice on the Court during the past 30 years. His use of the doctrine of "originalism" lead to a multitude of decisions which were, for the most part, favorable to conservatives.


    Justice Scalia's death creates a vacancy on the U.S. Supreme Court.


    The Supreme Court is now divided between 4 liberal justices (Ginsberg, Kagan, Breyer and Sotomayor) and 4 conservative justices (Roberts, Alito, Thomas and Kennedy). President Obama has the opportunity to appoint a justice to the Court which could give liberals a 5-4 majority for the first time in over a generation.


    This prospect has, of course, resulted a deep division between the Republicans and the Democrats in the Senate.


    “The American people should have a voice in the selection of their next Supreme Court justice,” stated Senator Mitch McConnell (R-KY), the Republican majority leader. “Therefore, this vacancy should not be filled until we have a new president.”


    “It would be unprecedented in recent history for the Supreme Court to go a year with a vacant seat,” said Senator Harry Reid (D-NV), the Democratic minority leader. “Failing to fill this vacancy would be a shameful abdication of one of the Senate’s most essential constitutional responsibilities.”


    In reality, few observers expect President Obama to leave a seat on the Supreme Court vacant. It expected that he will soon nominate a someone to fill Justice Scalia's seat on the Court.


    However, since the GOP-controlled Senate must vote on President Obama's nominee, one can expect the hearing before the Senate Judiciary Committee to be contentious and for the appointment to be a major issue during the Presidential election.


    There are many superbly qualified candidates for Justice Scalia's seat on the court for President Obama to consider. Here are two:


    Jacqueline Nguyen is a former prosecutor who was unanimously confirmed by the U.S. Senate in 2009 to serve as a District Court Judge. Later, she was elevated to the U.S. Court of Appeals for the 9th Circuit. She is the daughter of a South Vietnamese Army Major who worked closely with U.S. intelligence officials. At the age of 10, she and her family were transported out of Vietnam by a US military helicopter. She lived in a refugee camp in Camp Pendleton in Southern California for several months. She worked her way through college and law school at her family's donut shop. She is the first Asian-American female ever to serve as a federal appellate judge.


    Sri Srinivasan is a judge on U.S. Court of Appeals for the D.C. Circuit. He was confirmed by the U.S. Senate by a unanimous vote in 2013. He immigrated to the U.S. from India. He is a graduate of Stanford Law School and clerked for former Supreme Court Justice Sandra Day O'Connor. He worked in private practice and served as the Deputy Solicitor General in the U.S. Department of Justice. He has argued over 20 cases before the Supreme Court. He is considered a judicial moderate. If nominated and confirmed, he would be first Asian-American Supreme Court Justice.
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