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Greg Siskind on Immigration Law and Policy

Deferred Action Rules Announced

Rating: 8 votes, 5.00 average.

Just landing from my flight home from London. Will post more details later but here is the link.



http://www.dhs.gov/ynews/releases/20120803-dhs-outlines-deferred-action-for-childhood-arrivals-process.shtm

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  1. JoeF's Avatar
    All the people who claimed the Dreamers wouldn't have to pay for their work permits are wrong (as usual.)
  2. Sa's Avatar
    If Romney wins the election , he will definitely use the data from these applications to pursue the violators of the law (the parents).
  3. Sa's Avatar
    I think some people are mourning today as some of the so called called children are paying the same amount for EADS as other law abiding immigrants.
  4. JoeF's Avatar
    These children are also law-abiding. They are not responsible for their parents getting them across the border.
  5. jxv73's Avatar
    USCIS is really hedging about whether the info in the application can be shared with CBP and ICE. First it says it won't but then it says it could if they think it's relevant....

    Hardly reassuring.

    Parents beware.
  6. Sa's Avatar
    Lot of them are adults.
  7. gg's Avatar
    Sunnyvale university CEO indicted on visa fraud charges

    http://www.mercurynews.com/peninsula/ci_21222408/sunnyvale-university-ceo-indicted-visa-fraud-charges

  8. Sa's Avatar
    "Sunnyvale university CEO indicted on visa fraud charges"

    If you come on student visa and later realize that the University is a fraud , you face deportation but your parents bring you here without papers you are rewarded with EADS without fear of deportation for at least 2 years.
  9. Rick's Avatar
    According to USCIS, the fee will be only $465. In other words, the only fee will be the fee for the I-765 EAD application ($380) plus the fee for biometrics ($85); there will be NO fee for the adjudication of the deferred action application. This is a violation of the Antideficiency Act (http://www.gao.gov/legal/lawresources/antideficiencybackground.html) and 31 USC 9701 (http://www.law.cornell.edu/uscode/text/31/9701). Consider that USCIS charges $1,130 to adjudicate a very similar adjudication for 245A legalization (Form I-687). Things only get worse when you factor in the fee "exemptions" that will be allowed. By USCIS's own estimates, allowing such exemptions, even in the narrowest of circumstances, will mean a loss of million of dollars: http://www.google.com/hostednews/ap/article/ALeqM5hiVdc_qD32hV9d6M_29OxHtAjM3A?docId=a822d4de77c04dbcb5ba0af5db581166. Because of the lack of money USCIS will be forced to reassign adjudicators to the deferred action program, almost certainly from EB-3 and/or EB-2, causing I-485 processing times to go from 3 months to a year or more.
  10. Jack's Avatar
    This is a violation of the Antideficiency Act (http://www.gao.gov/legal/lawresources/antideficiencybackground.html) and 31 USC 9701 (http://www.law.cornell.edu/uscode/text/31/9701).

    So were tons of other actions. Since when does this president follow the law? Law and separation of powers mean nothing to him--especially in an election year.



  11. USC's Avatar
    "especially in an election year."

    Jack, you would do well to remember that our President put his Presidency on the line when he ordered the strike on Osama. If the mission, which was a high risk one, had failed any hope of re-election would have died that day. Furthermore, to his credit he has not gone strutting on some stage with a "Mission Accomplished" banner fluttering in the background. For this alone all need to vote to re-elect the President. It is time to put the hate aside and recognize him for a job well done.

    In addition, he has stabilized the economy, tried to fix a broken health care system (though I personally don't agree with most) aspects of the healthcare bill and made a good beginning in fixing immigration.

    Obama did in 2 years what Junior couldn't do in 8, he got Osama. I would suggest you remember that when you are in the voting booth.
  12. Tobias's Avatar
    Still not convinced that the only reasonable solution at this point to make sure Baby Boomers can get their social security checks on time is legalizing the already undocumented population here in the US plus the arrival of at least 100 million foreigners in the next five years....then read the following:

    Is Social Security still a good deal for workers?
    People retiring today are part of the first generation of workers who have paid more in Social Security taxes during their careers than they will receive in benefits after they retire. It's a historic shift that will only get worse for future retirees, according to an analysis by The Associated Press.
    http://news.yahoo.com/social-security-still-good-deal-workers-125016929--finance.html

    Remember that China is already losing appetite to keep financing the astronomical US government debt.

    Mr. Siskind should bring the attention of this sensitive issue to the lobbies in Washington
  13. JoeF's Avatar
    "If you come on student visa and later realize that the University is a fraud , you face deportation"

    Except that these "students" knew from the start that Herguan was a fraud.
    http://www.deccanchronicle.com/channels/cities/hyderabad/us-university-fires-ceo-640
    "They said that local consultants had lured them with job permits while studying and in some cases even assured that the students could work anywhere in the US if they went to Herguan University, and that there was no need to attend classes regularly. They said that university officials would take care of everything in case any problems arose in the future.
    Believing the claims, the parents had admitted their wards in the varsity knowing well that it was a "private university" and had no official accreditation."

    After TVU and UNVA, nobody can claim they didn't know that this was wrong.
  14. Sa's Avatar
    "Except that these "students" knew from the start that Herguan was a fraud."

    Even if that were to be the case they should be treated same way as the parents of the "dreamers" being treated . Why parents of the "dreamers" who violated the law are being given a free pass and the administration says that parents of the "dreamers" are better than the students of Herguan?
  15. JoeF's Avatar
    These "students" came to the US as adults. Nobody brought them to the US without their consent.
    And they all knew that these institutions are fraudulent. After TVU and the press the TVU case got in India, they *all* knew.
    Of course, I don't expect you to understand any of this. You have shown clue-resistance in the HR3012 stuff as well...
  16. Sa's Avatar
    "These "students" came to the US as adults"


    And they are / will face consequences , how about the illegal parent/s of the "DREAMERS" that came here as adults. Why should they face the law? Lot of them work on false identities and by falsifying documents , why should they be given free pass and their children be rewarded with free deferred action?
  17. Todd's Avatar
    Allowing them to get advance parole also means they'll be able to adjust status. If they leave the U.S. and then come back with their advance parole they'll be paroled in and become eligible to adjust status under INA 245(a). People with deferred action and no underlying status aren't eligible to adjust, but parolees are. Furthermore, thanks to a recent BIA decision, Matter of Arabally and Yerrabelly (http://www.justice.gov/eoir/vll/intdec/vol25/3748.pdf), their departure with advance parole won't trigger the 3/10-year bar. So if a DREAMer returns from a short trip abroad and finds a qualifying family-member or employer sponsor for his immigrant visa, he can wait in the U.S. till his priority date comes up, presumably with biannually-renewable parole.
  18. steve's Avatar
    I think half of you need to get laid first, then just sit back and mind your business.these kids came here with nothing and half of them are smarter than your average American. They are our future. if we deport them then we as Americans lose, because we taught them everything they know in our schools. Give people a chance, because everyone deserves an equal opportunity.

    P.S: those kids go to college and major in math , science and technology while our American kids major in art and photography, and psychology.
  19. Legal and no longer waiting's Avatar
    " how about the illegal parent/s of the "DREAMERS" that came here as adults. Why should they face the law?"

    Do you do anything in life other than going around wishing bad things to other people? That's basically the essence of all of your bitter postings here.
  20. Sa's Avatar
    "Do you do anything in life other than going around wishing bad things to other people? That's basically the essence of all of your bitter postings here."

    They were just meant to be replies to your favorite immigrant advocate JoeF who wishes bad things to Indian immigrants.
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