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What should I know if the DACA program is terminated?

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There are some reports that President Trump could end the Deferred Action for Childhood Arrivals (DACA) program very soon. At this time, we do not know when or if the DACA program will be canceled, or what the completion of the DACA program will look like.

For example, those who have DACA will continue to be protected from deportation and will be able to use their work permit until it expires? Or will work permits and approvals be revoked?

While the DACA program remains in effect, there are some things to keep in mind if the program is terminated:

I.- Work Permits Employment
authorization documents, also known as work permits, are generally valid until they expire or until the government demands that they are returned. Unless the government demands that you return your work permit, the following points should apply.

  • If the DACA program is terminated, but you are allowed to keep the work permit, you have the right to work legally until the expiration date of your work permit.
  • Even if the DACA program is terminated, you have no obligation to inform your employer that DACA has terminated. Your employer does not have the right to ask if you are a DACA recipient or how you obtained your work permit.
  • Your employer does not have the right to fire you, or terminate you or change your work status until your permit expires. If the due date is approaching, your employer may ask for an updated work permit, but cannot take action against you until after it expires.
  • For more information about your rights as an employee, see this notice by The National Immigration Law Center.

II.- Social Security Number (SSN)
Your social security number is a valid social security number for life, even when your work and DACA permit expires.

  • If you have not already done so, apply for a Social Security number while DACA and your work permit are in effect.
  • You can and should continue to use your Social Security number that you obtained through DACA as your social security number even after your work permit expires. You can use your social security number for education, banking, housing, and other reasons.
  • Your Social Security number contains a condition that requires a current work permit in order to use it for employment purposes.

III. Driver’s licenses and other Identification Cards
Eligibility for these depends on the state in which you live. If you have not done so, apply for a driver’s license, or an identification card if your DACA is still valid, and that makes you eligible for a driver’s license or a state identification card in your state.

IV.- Travel Permit (Advance Parole)
DACA recipients should be careful about traveling outside the US through a travel permit.

  • If you are out of the country through a travel permit, be sure to return as soon as possible, and as long as your work permit is valid along with your travel permit. If the DACA program is terminated, it is not very clear that people with DACA-based travel permits may return. The best route is to return as soon as possible before there is an announcement of the termination of DACA.

If you have been granted a travel permit through DACA, but are not yet leaving the United States, or are interested in applying for a travel permit, talk to a lawyer so you can determine the risks first.

V.- Other Migration Options
Many DACA recipients may be eligible for another immigration option in order to obtain a work permit, or even better a green card.

  • Talk to an Immigration service provider to understand your legal options and if you might be eligible for another immigration benefit. Find low-cost immigration legal services: https://www.immigrationlawhelp.org
  • Avoid fraudulent service providers: confirm your credentials, ask for a written contract and a receipt for any payment you make, and if in doubt, get a second opinion.

VI.-Criminal Matters
 Any criminal arrest, charge, or conviction can put you at risk with immigration authorities.

  • Avoid any contact with law enforcement authorities that could result in a criminal arrest. If you end up being arrested, be sure to consult with an expert immigration lawyer.
  • If you have a criminal conviction, find out if it can be changed to lessen the impact on a future immigration case.

VII. Know Your Rights
All documented and undocumented people have rights in this country. At all times, carry a red card to exercise your right to remain silent in case you are stopped or questioned.

You have constitutional rights:

  • DO NOT OPEN THE DOOR if an immigration agent is knocking on the door.
  • DO NOT ANSWER ANY QUESTIONS from an immigration agent if he tries to talk to you. You have the right to remain silent.
  • DO NOT SIGN ANYTHING without first talking to a lawyer. You have the right to speak with a lawyer.
  • If you are outside your home, ask the agent if you can leave and if he says yes, leave with peace of mind.
  • If you are inside your home, show the card through the window or pass it under the door.
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How to apply for an Immigrant Visa

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When it comes to immigration, the US They have strict laws and regulations. The USCIS is responsible for handling all visa and immigration applications from the point of submission of the application until the final decision. Although the process can be complicated and stressful, if proper steps are followed, a permanent visa for the US can be obtained. without any discomfort.

The different ways to present a green card

It is best to opt for specific categories of immigrants to apply for a residence card. The ways in which you may become eligible to obtain a green card are:

  • A petition filed by a family member who may be a permanent resident of the US or a US citizen
  • A petition filed through an employer that offers a job to the applicant.
  • A petition filed after receiving asylum or refugee status.
  • The Diversity Lottery, also known as the green card lottery.

There are 6 steps to follow after your application has been approved.

Step 1. Choose an Agent

You can act as your own agent or you can opt for the petitioner, a family member, friend, lawyer, immigration professional or anyone else you trust.

Step 2. Payment Rates

Pay the processing fee required by USCIS. You can pay these fees online.

Step 3. Submit the visa application form. Collect and submit the forms and documents to the National Visa Center (CNV).

Step 4. Submit financial documents or Collect. Complete a statement of support and attach financial documents.

Step 5. Gather supporting documents. Complete the civil documents to support your visa application.

Step 6. Submit documents to the CNV. Submit all the forms collected in steps 4 and 5 in a single package to the CNV.

After paying the necessary fees and submitting the required application for an immigrant visa, affidavit of support, and supporting documents to the National Visa Center (CNV), USCIS staff will check that the file is complete. Once your case qualifies for an interview, CNV will work with the US Embassy. Appropriate or consulate before scheduling an appointment.

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How to make an Immigration Appeal

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To make an immigration appeal, you must complete the correct form and send it to the appropriate agency. You must pay a filing fee when you submit the form. The form you should use and to whom you should send it will depend on the decision you will appeal.

What is an immigration appeal?

When you make an appeal, you are requesting that a higher authority consider a decision again. For example, if an Immigration judge made a decision about your case that doesn’t suit you, you can ask a higher court to invalidate the Immigration judge’s decision and to rule in your favor. However, there are different forms to use and agencies to appeal. The way you make the appeal depends on what you appeal and the superior authority to which you appeal.

Who can file an immigration appeal?

Only the person who submitted the original application can file an immigration appeal. For example, if your brother filed a petition to obtain a visa to enter the US, he would have to appeal the decision for you.

To whom do I file the appeal?

People whose immigration petition or case is denied will receive a Denial Notice, by mail. This form will indicate the form to be submitted and to whom it should be sent.

What form should I submit?

The form you must submit will depend on the decision you are appealing.

Form I-290B: most USCIS applications

For most appeals, you are required to complete  Form I-290B: Notice of Appeal or Motion. Form I-290B is used for appeals to the United States Citizenship and Immigration Service (USCIS). You can appeal a decision on the following petitions to the USCIS using Form I-290B:

  • Form I-129CW: Petition for Nonimmigrant Transitory Worker of the Commonwealth of the Northern Mariana Islands (CNMI) Only
  • Form I-129F: Petition for Foreign Fiance
  • Form I-129: Petition for Nonimmigrant Worker H1-B, H-2, H-3, L, O, P, Q or R
  • Form I-131: Travel Document Application
  • Form I-140: Immigrant Petition for Foreign Worker
  • Form I-212: Application to enter the United States after being deported or expelled
  • Form I-352: Migratory Link
  • Form I-360: Petition for Amerasiático, Widower or Special Immigrant. Please note that only the people mentioned in Part 2, Item A or Part 2, Items C to M can make an appeal using Form I-290B.
  • Form I-485: Application for Permanent Residence Registration or Adjustment of Condition. Keep in mind that you can only submit this form for one of these reasons:
  • Your request to obtain a permanent resident card (green card) was denied because you could not prove that you had a true marriage while you were in removal proceedings.
  • Your request to obtain a green card as an Indo-Chinese refugee under Public Law 106–429 sec. 586 or Public Law 95–145 sec. 103 was denied.
  • Your request for a U or T visa was denied.
  • Your request to obtain a green card under section 13 of the INA law because of your status as a diplomat was denied.
  • Your request to obtain a green card pursuant to Part 2, Item H of Form I-485 as qualified by Life law was denied.
  • Form I-526: Petition of Immigrant of Foreign Entrepreneur
  • Form I-600: Application to Classify Orphan as Direct Family  
  • Form I-600A: Application for Advanced Orphan Petition Process
  • Form I-601: Application for Exemption from Cause of Inadmissibility
  • Form I-612: Application for Exemption of Residence Requirement Abroad
  • Form I-800: Petition to Classify a Convention adopter as a direct relative
  • Form I-800A: Request for determination of suitability to adopt a child from a Convention country
  • Form I-821: Temporary Protection Condition Application  
  • Form I-905: Application for Authorization for the Issuance of Certificates for Medical Assistance Workers
  • Form I-914: Application for Condition T of Nonimmigrant
  • Form I-914A: Application for T-1 Receiver Direct Family Member
  • Form I-918: Petition for U Nonimmigrant Condition
  • Form I-918A: Petition for Family Qualifying as Receiver U-1
  • Form I-924: Application for Regional Center according to the Immigrant Investor Pilot Program
  • Form I-929: Petition for Qualifying Family Member of a U-1 Nonimmigrant
  • Form N-470: Application to Maintain Residence for Naturalization Purposes
  • Form N-565: Application for Replacement of Citizenship / Naturalization Document
  • Form N-600: Application for Certificate of Citizenship
  • Form N-600K: Application for Citizenship and Issuance of Certificate according to Section 322
  • Your Certificate of Citizenship was canceled according to the Immigration and Nationality Law (INA) §342. The USCIS canceled your Certificate of Citizenship because it determined that you obtained the certificate illegally.

You must submit Form I-290B within 30 days after the USCIS decision or 33 days after receiving the decision by mail. Persons appealing the cancellation of an immigrant petition that had been approved must make the presentation within 15 days after a verbal decision and 18 days after a decision sent by mail.

To submit Form I-290B, you must include a check or money order for $ 675 payable to the “US Department of Homeland Security.” DO NOT send cash.

Form I-694: applications for temporary residents and exemptions from grounds of inadmissibility

You can file Form I-694: Notice of Appeal Decision according to Sections 245A or 210 to appeal decisions on the following:

  • Form I-687: Temporary Resident Status Application according to Section 245A of the INA
  • Form I-690: Application for Exemption from Cause of Inadmissibility Under Sections 245A or 210 of the INA
  • Form I-698: Application for Adjustment of Temporary Condition to Permanent Resident

You must mail Form I-694 to the address mentioned in your Notice of Denial along with a check or money order for $ 890 payable to the “US Department of Homeland Security.” DO NOT send cash. You must submit your request within 30 days after the date mentioned in your Notice of Denial.

Form N-336: naturalization requests

To appeal a decision on  Form N-400: Naturalization Request, you must submit Form N-336: Request for Hearing on Decision in Naturalization Procedures. You can submit the form with a copy of the Notice of Denial and a filing fee of $ 700 within 30 days after receiving the Notice of Denial (or 33 days if the notice was sent to you by mail). You can include any additional documents that would support your case on Form N-336 when you file it. (You can also present those supporting documents at the hearing). Active members of the US service whose Form N-400 was denied they do not have to pay the filing fee of $ 700.

Form EOIR-29: immigrant petition requests

To appeal a decision on Form I-130: Petition for a Foreign Relative or Form I-360: Petition for Widower, you can file Form EOIR-29: Notice of Appeal to the Board of Immigration Appeals of a Decision on an Immigration Officer.

You must send the application with a check or money order for $ 110 payable to the “US Department of Homeland Security.” DO NOT send cash. Send the form to the address mentioned in your Denial Notice. DO NOT mail the petition directly to the Board of Immigration Appeals.

To appeal a decision on Form I-130, write the alien registration number (number A) of the relative for whom you make the request at the top of Form EOIR-29.

Form EOIR-26: decisions taken by an Immigration judge

To appeal a decision of an Immigration Judge, you must submit Form EOIR-26: Notice of Appeal of a Decision of an Immigration Judge to the Board of Immigration Appeals (BIA) with a filing fee of $ 110.

You must first “reserve the appeal” after the Immigration judge makes the decision. This means that you ask the court for authorization to appeal or object to the judge’s decision and that you do not give up your right to appeal. Once you have reserved the appeal, the judge will give you an EOIR-26 Form. You must submit this form within 30 days after the Immigration judge has made the decision.

The filing fee for Form EOIR-26 is $ 110. The check or money order must be payable to the “US Department of Justice.” DO NOT send cash. Write your name and number A on the check or money order.

The BIA must receive Form EOIR-26 within 30 days after the judge has made the decision. You must send your request by mail at least one week before those 30 days pass so there is time to send it to the BIA.

Final tips

Most of the information you will need about who to appeal to and when to file the appeal will be available in your Notice of Denial, so read it carefully. If in doubt, submit your appeal within 30 days after the denial. Never abbreviate the “US Department of Homeland Security” on your check or money order. Write you’re A number (if applicable) on the check or money order along with your name.

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How to get a Green Card for Parents

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One of the great reasons for those who have the green card and give way to U.S. citizenship. is that you can use that immigration status to help your parents obtain residence cards in the United States.

The US immigration system It puts great value in keeping families together. The way family requests work begins with an immigration chain that can be extended throughout a large family.

Immigrants have chosen the United States to relocate their families for centuries and as citizens of this country, they can be the basis on which their family is established in the United States.

President Obama’s government implemented a stimulus program so that green card holders could apply for citizenship.

But, that leaves a question: how to help a father immigrate to the United States? Here is a summary of how it is done.

Green Card for Parents: Petition

The first step in any family-based immigration process is the filing of Form I-130, Petition for a Foreign Relative.

To better understand how this form is used, imagine that it is part of a conversation between you and the US government. Using Form I-130, he asks the government that his father can reach the United States.

Form I-130 is presented with documents that tell the US government. why his father should be allowed to live in the US In this case, the supporting documents must legally prove that your father is really the person he claims to be.

Often, this can be easily achieved by showing your birth certificate where your father’s name and identity appear on the certificate. However, there are many other documents that can prove your relationship including adoption documents or baptismal certificates.

Green Card for Parents: Immigration

When the petition is approved, work in the immigration process for their parents is now their responsibility (or his or her) to successfully complete the process.

When a visa number is available, your father can apply for immigration to the United States at the consulate of the city where he lives; It can also be applied to adjust your status if you currently live and legally in the US.

There are, of course, many other smaller steps along the way, but this is a general outline of how a US citizen can apply for his parents’ immigration.

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