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Greg Siskind on Immigration Law and Policy

DREAM Policy Implementation Suggestions

Rating: 2 votes, 5.00 average.

This is designed to be a post to encourage constructive suggestions for implementing the President's new policy for DREAMers. Here are two to kick things off -

1. Use the I-765 as the application form rather than coming up with something new. Simply add a supplemental instruction form regarding eligibility for the policy and listing types of supporting documents that need to be included.

2. Consider modifying the new ELIS electronic filing system to accept these applications. With a possible million applications coming, the agency is going to face extreme pressures to adjudicate cases in a timely manner and maintain quality control. This is an excellent opportunity for USCIS to show off this robust new system.

3. Do not delay issuing employment cards until after the deferred action is approved. Consider using TPS and adjustment of status as a model. In both types of cases, work cards are granted while the applicant waits on the approval of the underlying application. Remember that not only do you need the EADs to work, but also to get drivers licenses and driving without a license is a way for anti-immigrant zealots like Joe Arpaio in Arizona to make life miserable for DREAMers. Expect to see lots of people thrown in jail for the misdemeanor of driving without a license if you decide to wait on issuing EADs.

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  1. Sa's Avatar
    I think its better if USCIS goes thru a comment period about these changes with stakeholders . I think they should go thru the standard rule making process and hire extra staff to handle the volume before they start accepting applications .

    I hope they don't charge any fees for both applications , lot of these people are poor and cannot pay thousands of dollars in fees like they charge for AOS and EAD renewals. I guess they will be eligible for free EADS under "Granted Withholding of Deportation or Removal " category anyway.
  2. myname's Avatar
    How about if the immigration lawyers get involved?
    For example:
    1.USCIS issues a "check list" showing which acceptable documents can satisfy the requirements.
    2. An applicant , who can collect those documents himself ( such as school records, clearance from the police, maybe a passport with entry visa , if visa overstays are eligible, or some documents that show that the person was fingerprinted already , if the parents were at some kind of process at any time) brings the documents to an immigration lawyer.
    3. The lawyer reviews the documents , checks on the list what acceptable documents he have found, and if the applicant passes the requirements , the lawyer sends the copies to USCIS, testifying that the person is qualified for the action.
    4. Checking fingerprints against some databases might be a requirement. Places that have the technology and access to those databases might offer "the service" to applicants (for a fee). Naturally some applicants might be uncomfortable going to a police station or jail to be fingerprinted. So lawyers might schedule dates for their applicants and be present at the fingerprinting.
    4. Upon receiving the documents from a lawyer, with signature and everything, USCIS doesn't have to do anything , but to issue the permit, since the actual verification is already done by the lawyer.

    1. The "easy" cases will not clog the system.
    2. The actual "legwork" will be done by the applicant and his lawyer, instead of tying up USCIS resources.
    3. USCIS will be able to concentrate on harder to prove cases.
    4. There will be no need to hire new people.
    5. Lawyers are familiar with immigration papers, so there will be no need to train additional people in understanding immigration documents.
    6. Since documents can be reviewed in 1-2 hours with the applicant present, the only delay will be for mailing the documents and printing the actual permit. It will speed up the process.

    Obviously, the applicant will have to pay the lawyers time, plus the processing fee for the USCIS, but hopefully it will be the normal lawyers per hour fees , so it's not price prohibitive. And obviously, only lawyers with high standing in their professional community, high standards, and integrity will be allowed to do that

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