Motion Filed to Lift Injunction on President Immigration Action

Yesterday, lawyers for the Justice Department filed an emergency motion to lift the injunction blocking the President Immigration Action because it violates the separation of powers under the U.S. Constitution.  In the legal brief, lawyers for the Justice Department argue that the injunction by Judge Hanen “offends basic separation-of-powers principles, impinging on core executive functions concerning the exercise of discretion in the complex task of enforcing the immigration laws.”  Since it is unlikely that the objections by the Justice Department will persuade Judge Hanen to lift his injunction on the President Immigration Action and allow the immigration programs to move forward, the government’s lawyers also filed a notice that they would appeal the judge’s overall ruling at the appeals court.   (more…)

President Obama Confident on Immigration

“This is not the first time where a lower court judge has blocked something or attempted to block something that ultimately is going to be lawful, and I’m confident that it is well within my authority.”  – stated President Obama confident on immigration, after a federal judge in Texas ordered a halt to the president’s executive actions on immigration.  President Obama confident on Immigration is defiant: “I think that the law is on our side and history is on our side, we are going to appeal it.”

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Federal Judge Stalls Obama Immigration Executive Action

A federal judge in Texas, Andrew S. Hanen of Federal District Court in Brownsville, has issued a temporary injunction on implementation of President Obama’s executive actions on immigration – the expanded deferred action for young immigrants was slated to start tomorrow, February 18, 2015.  The Federal Judge Stalls Obama Immigration Executive Action as a result of 26 states (including Texas) claiming they will “suffer irreparable harm in this case.” (more…)

Children in El Salvador Guatemala Honduras Parole into US

U.S. Department of Homeland Security has established a new program called Central American Minors (CAM) Refugee/Parole Program that will allow certain qualified minor children in El Salvador Guatemala Honduras Parole into US as Refugee.  This  new program was established to provide a safe, legal, and orderly alternative to the dangerous journey that some children are currently undertaking to the United States. (more…)

Obama Immigration Order: Immigrant Parents & Children – “We’re not going to deport you”

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 – Announcement Thursday Night

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…)

Obama Immigration Plan to Protect & Unite Immigrant Families

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…)

Military Immigration-Legal Status in U.S.

A new military immigration initiative has been launched to assist illegal aliens who are present without admission or parole and who are spouses, children and parents of those serving on active duty in the U.S. Armed Forces, in the Selected Reserve of the Ready Reserve or who previously served in the U.S. Armed Forces or Selected Reserve of the Ready Reserve.  

For more information, email Gail@GailLaw.com or call 1-877-GAIL-LAW or 407-292-7730.
FREE in-office consultation – FREE Live Chat www.GailLaw.com

Copyright © 2014, Law Offices of Gail S. Seeram. All Rights Reserved.

NEW On-line Immigrant Visa Application Requirement – Form ds260

Starting September 3, 2013, the Department of State will transition to an online immigrant visa application. Immigrant visa applicants will apply online using Form ds260 (Application for Immigrant Visa and Alien Registration) – formerly Form DS-230.  Applicants will choose their agent online using Form DS-261 (Choice of Address and Agent) – formerly Form DS-3032. Applicants will access both forms on the web at ceac.state.gov.

These forms replace the paper DS-230 and DS-3032 filed with the National Visa Center in anticipation of processing for an available visa at the U.S. Embassy. The National Visa Center (NVC) may instruct some applicants who previously submitted Form DS-230 to submit Form DS-260 on-line. Only Diversity Visa and Cuban Family Reunification Parole applicants will continue to use the paper forms.

The implementation of Forms DS-260 and DS-261 is the next step in the Department of State’s creation of a secure and efficient online immigrant visa application experience.

Cases Pending at National Visa Center (NVC)

For those immigrant visa applicants who have a case pending with NVC already, NVC may instruct some applicants who previously submitted Form DS-230 on paper to submit Form DS-260 online.

Accessing Form DS-260 On-line

All answers, except as specially provided, must be in English, using English characters only. Applications submitted in any language other than English may be rejected, and you will be required to log back into the Consular Electronic Application Center (CEAC) and provide English answers.  You may save your partially completed DS-260 at any time by clicking on the “Save” button at the bottom of every page. If you need to step away, simply click the “Save” button to save your progress, and click on “Sign Out” in the upper right-hand corner of the screen. All data that you entered up to the point of clicking on “Save” will be stored until you are ready to continue completing the form. Once you submit your application, by clicking the “Sign and Submit Application” button on the “Sign and Submit” page, you will be unable to access your application again.

Pros and Cons

The negative drawback of implementing a completely on-line filing of the Immigrant Visa Application is that most immigrants abroad do not have access to a computer and are not computer literate.  This means that the immigrant would have to probably pay a service provider to complete the required DS-260 and DS-261 on-line, whereas in the past the immigrant could have completed these forms by hand.

The positive implications are that the Department of State is trying to save money and reduce cost associated with paper filings and handling all the papers mailed to their office.  I’m assuming with the new on-line requirement that the information will be uploaded directly into their database and reduce time and costs to input the information by hand.

Conclusion

The Immigrant Visa Application (formerly Form DS-230) now called Form DS-260 is required to be completed by every traveling immigrant seeking an immigrant visa from the U.S. Embassy.  It contains biographical questions about the immigrant’s employment history, education background, marital background, and where the immigrant wants his/her social security card and lawful permanent resident card to be mailed.  Lastly, it is the petitioner who usually receives the request from the National Visa Center for completion of the DS-260 (formerly DS-230) along with requests for police clearance, civil documents and affidavit of support.

For more information, email Gail@GailLaw.com or call 1-877-GAIL-LAW or 407-292-7730.
FREE in-office consultation – FREE Live Chat www.GailLaw.com

Copyright © 2014, Law Offices of Gail S. Seeram. All Rights Reserved.

Immigration Lawyer Comments on President Obama and Governor Romney on Immigration

As the U.S. presidential election is this week, immigration lawyer Gail Seeram helps  undecided voters to see where each candidate stands on immigration. Through their speeches and presidential debates, each candidate briefly describes their position on immigration enforcement and immigration reform. Presidential Obama has an established record of being tough on immigration enforcement as we have seen record deportation from the U.S. under his administration. Also, President Obama has acted through executive order to grant status to immigrant widows of U.S. citizens and grant young immigrants deferred action and temporary work authorization. Governor Romney does not have a clear record on immigration since he has not initiated any immigration policies as governor and has not voted on any immigration matters. For those who are naturalized U.S. citizens, immigration should be an important voting issue for you since you were once considered an immigrant in this country and am sure have family and friends who are still struggling as illegal or legal immigrants in the U.S. For me, the clear choice for immigration reform is President Obama but you decide based on the following statements from each candidate.

President Obama has been quoted as follows:

Des Moines Register, October 23, 2012 “We need to get immigration reform done, and I’m fully committed to doing that.” “The second thing I’m confident we’ll get done next year is immigration reform.”

Univision Forum, September 19, 2012 “I am happy to take responsibility for the fact that we didn’t get [comprehensive immigration reform] done. But I did not make a promise that I would get everything done 100% when I was elected as president. What I promised was that I would work every single day as hard as I can to make sure that everybody in this country regardless of who they are, what they look like, where they come from, that they would have a fair shot at the American dream. And that promise I’ve kept.”

Univision-Enrique Acevedo Interview, April 13, 2012 “I can promise that I will try to do it [immigration reform] in the first year of my second term. I want to try this year. The challenge we’ve got on immigration reform is very simple. I’ve got a majority of Democrats who are prepared to vote for it, and I’ve got no Republicans who are prepared to vote for it. It’s worse than that. We now have a Republican nominee who said that the Arizona laws are a model for the country; that — and these are laws that potentially would allow someone to be stopped and picked up and asked where their citizenship papers are based on an assumption.”

Governor Romney has been quoted as follows:

CNN GOP candidate debate, January 16, 2012 “Those who come into the country legally would be given an identification card, and if employers hire someone without a card, then those employers would be severely sanctioned. If you do that, people who have come here illegally won’t be able to find work. And over time, those people would tend to leave the country, or self-deport. I don’t think anyone is interested in going around and rounding up people around the country and deporting 11 million illegal immigrants into America. Let’s focus our attention on how to make legal immigration work and stop illegal immigration.”
GOP candidate debate (Reagan Library), January 30, 2008 “My plan is this, which is for those that have come here illegally and are here illegally today, no amnesty. Now, how do people return home? Under the ideal setting, at least in my view, you say to those who have just come in recently, we’re going to send you back home immediately, we’re not going to let you stay here. You just go back home. For those that have been here, let’s say, five years, and have kids in school, you allow kids to complete the school year, you allow people to make their arrangements, and allow them to return back home. Those that have been here a long time, with kids that have responsibilities here and so forth, you let stay enough time to organize their affairs and go home.”

GOP candidate debate, January 5, 2006 “I disagree fundamentally with the idea that the 12 million people who’ve come here illegally should all be allowed to remain in the US permanently, potentially some of them applying for citizenship and becoming citizens, others just staying permanently. That is a form of amnesty, and that it’s not appropriate. We’re a nation of laws. Our liberty is based upon being a nation of laws. I would welcome those people to get in line with everybody else who wants to come here permanently. But there should be no special pathway to permanent residency or citizenship for those that have come here illegally. I welcome legal immigration. Of course we need to secure the border. We need to have an employment verification system with a card to identify who’s here legally and not legally. We need to have employer sanctions that hire people that then don’t have the legal card. But with regards to those already here, it is simply not right and unfair to say they’re going to all get to stay.”

For more information, email Gail@GailLaw.com or call 1-877-GAIL-LAW or 407-292-7730.
FREE in-office consultation – FREE Live Chat www.GailLaw.com

Copyright © 2014, Law Offices of Gail S. Seeram. All Rights Reserved.