During President Obama’s address to the nation, he stated we have a tradition of welcoming immigrants. His speech and executive action was prompted by 500+ days of inaction by the Republican House of Representative on an immigration bill already passed by the Senate. In referring to the executive order he will sign, he stated “this is about who we are as a country…working hard…and keeping families together.”
Republicans may block Obama immigration order by passing a resolution denouncing the president’s action and then vote to censure him or sue over the legality of the executive action. Opponents have mentioned an appropriations bill to stop spending for this executive order but U.S. Department of Homeland Security is self-funded by application fees and does not rely on Congressional spending. Republicans need to be cautious that whatever action they choose to take, it does not alienate them from Latino and minority voters.
Deportation Protection for Parents & Children: Obama immigration order offers two deferred action (or protection from deportation) initiatives that will benefit 4.4 million undocumented immigrants. First, undocumented parents of U.S. citizens and legal permanent residents will be granted three years of deportation relief. To qualify, they must have lived in the United States since 1/1/2010, pass background checks and pay taxes. Application for Deferred Action for Parents (DAP) will be released and accepted in 180 days.
In 2012, Obama immigration order to help immigrant children was implemented and many immigrant children continue to benefit from Deferred Action for Childhood Arrivals (DACA). Obama will revise DACA to eliminate the age restriction, (more…)
Executive order action by Obama will be announced Thursday night during a prime time address to the nation. President Obama’s plan to use his executive power as President to sign an executive order granting relief to about 5 million undocumented immigrants in the United States will be controversial and will face challenge from the Republicans. (more…)
The lost by democrats during the mid-term elections has not stopped President Obama from moving forward with his Obama immigration agenda. On Thursday, November 13, 2014, President Obama announced that he will soon unveil his plan for executive action that will overhaul the nation’s immigration enforcement system and protect up to five (5) million undocumented immigrants from the threat of deportation and provide them with work permits. (more…)
In cases where resident status (green card) is acquired based on a marriage to a U.S. citizen that was less than 2 years old on the day the immigrant spouse was approved, then the immigrant is approved for lawful conditional status (or a 2 year green card). The immigrant’s status is conditional because two years after acquiring permanent resident status, the immigrant and his/her U.S. citizen spouse will be required to present evidence (and possibility have an interview in front of an officer) to prove their marriage is good faith based on love and not for the purpose of gaining an immigration benefit. The process of removing conditions from a 2-year green card give the Department of Homeland Security a second opportunity to exam the marital relationship to confirm the immigrant and his/her spouse continue to live together, hold joint assets and share joint bills. (more…)
Many first-time immigrants to the United States are unaware of the requirement that all males between the ages of 18 and 26 living in the U.S. must register for the selective service. The selective service is a system in the United States that maintains information on males that are potentially subject to military duty. As of 2008, the names and addresses of over 14 million men were on file. (more…)
When permanent resident status is obtained in the United States, a Form I-551 (i551) or green card is issued to evidence that legal status in the United States. The holder of a green card or Form I-551 (i551) can live, work and travel in the United States. Note, there are two types of green cards or Form I-551 (i551) status: permanent and conditional. When the green card or Form I-551 (i551) is issued based on marriage for less than two years or certain investments, then a conditional green card or Form I-551 (i551) is issued and at the end of the two years an application is required to be submitted seeking removal of the conditions and granting of a permanent (10 years) green card or Form I-551 (i551). (more…)
Immigration lawyer Gail Seeram explains the newly released data of 438,421 deportations carried out from the United States during October 1, 2013 to September 30, 2014 represent families suffering from separation, lower socioeconomic status, emotional stress, and limited health and educational opportunities. Immigration Lawyer Gail Seeram has noticed that more of the immigrants that consult with her have a deep fear of deportation even though they have lived in the U.S. for more than 10, 20 and sometimes 30 years. The political climate in the U.S. of zero tolerance for illegal immigrants has cast a fear on many law abiding immigrants and their families.
Immigration Lawyer Explains Affidavit of Support
An affidavit of support is a document that must be completed by all petitioners for family-based and some employment based sponsorship. In the affidavit of support, the petitioner or sponsor sign to accept financial responsibility for another person, usually a relative, who is coming to the United States to live permanently. Since the requirements are so stringent and an incorrect affidavit of support can lead to a denial of an immigrant visa petitions, it is recommended to seek legal assistance from an immigration lawyer. (more…)
Orlando Immigration Lawyer Gail Seeram explains that removal proceedings (or “deportation”) can be initiated against a lawful permanent resident or undocumented noncitizen (collectively referred to as “noncitizens”) at any time. Removal & deportation proceedings can be initiated when a noncitizen (including a lawful permanent resident) is seeking admission to the United States, filing an application for an immigration benefit (such as U.S. Citizenship or renewing/replacing a “green card”), serving a sentence for a criminal conviction (such as probation, community service or prison), or detained by local police for a criminal matter. (more…)
Prosecutorial discretion is a discretionary relief where Immigration and Custom Enforcement (ICE), the agency that initiates and executes removal/deportation from the United States, can choose to temporarily pause removal/deportation or release an individual from detention based on certain factors. A request for prosecutorial discretion is best prepared and presented to ICE by an immigration lawyer.
In exercising prosecutorial discretion, Immigration and Custom Enforcement (ICE) may administratively close a pending removal case (removal proceedings delayed), grant voluntary departure, grant deferred action (defer a pending removal), reissue or cancel a Notice to Appear, or release a detained individual on bond or an order of supervision. Note, in exercising prosecutorial discretion, it is unlikely that a pending removal case would be terminated unless there are extenuating factors present. In order to request prosecutorial discretion in a pending removal case or detention case, an immigration lawyer would submit the request to Immigration Custom and Enforcement (ICE).
For more information, email Gail@GailLaw.com or call 1-877-GAIL-LAW or 407-292-7730.
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