IFIRE.org

IFIRE Announcements and Discussion Forum
It is currently Thu Mar 28, 2024 6:32 pm

All times are UTC - 6 hours [ DST ]




Post new topic Reply to topic  [ 1 post ] 
Author Message
 Post subject: Immigration lawyers warn illegals re: "ObamAmnesty"
PostPosted: Fri Aug 26, 2011 7:35 am 
Offline
Site Admin

Joined: Mon Apr 30, 2007 8:30 pm
Posts: 2037
http://www.aila.org/content/default.aspx?docid=36705

CONSUMER ADVISORY
DO NOT BE MISLED



The Obama Administration’s Immigration
Announcement is NOT an Amnesty Program!


What the new policy is NOT:

 The Obama Administration announcement is NOT an
amnesty, it is NOT about granting legal status, and is NOT
something that you can sign-up for!
The Obama Administration made very clear that the announcements do NOT
provide any way to “apply” for a work permit or “EAD” nor is there a new way to
apply to remain in the United States. The change announced is not about giving
people work permits or legal status. The announcement applies ONLY to cases
already in the system, ensuring that low priority cases do not continue to clog
up an already overburdened immigration court system.

WARNING!

Do NOT believe anyone who tells you they can sign you up for a work permit
(Employment Authorization Document or “EAD”) or get you legal status
based on the Secretary Napolitano’s August 18, 2011 announcement!
Anyone who says that is not to be trusted!

There is NO “safe” way to turn yourself in to immigration and there is NO
guarantee that your case will be considered “low priority.” ANY person who
comes into contact with immigration authorities may be arrested, detained
or even removed.

Only a QUALIFIED IMMIGRATION LAWYER can evaluate your case and tell
your about your rights.

Do NOT seek legal advice from a notario or immigration consultant.
For more information about avoiding immigration scams go to
www.StopNotarioFraud.org
AILA InfoNet Doc. No. 11082009. (Posted 08/20/11)

What the new policy IS:

The Obama Administration announced the creation of a high-level working group made
up of Department of Homeland Security and Department of Justice officials who are to
do the following:

 Review all cases already pending before the immigration courts. Those that are
considered “low priority” may be administratively closed. Those that are
considered a “high priority” will be prosecuted more aggressively.

 There are no rules or guarantees that a particular type of case will be considered
a “low” or “high” priority. Recent guidelines are helpful, but no one can tell you if
your case is a low priority--only immigration authorities will make that decision.

 In the future, immigration authorities will review the cases people before they are
placed in removal proceedings. Those that are “low priority” may not be referred
to the immigration court.

 Create department-wide guidance to help USCIS, CBP, and ICE agents and
officers make better, more consistent decisions about who to place in removal
proceedings.

 Issue guidance on providing discretion in compelling cases for persons who
already have a final order of removal.
In other words, the August 18th announcement was preliminary and nothing has been
implemented yet. Any details about how the review process will work, what cases will
be considered low priority or how to have a particular case considered have not been
decided.

The best course of action is to consult an immigration lawyer or accredited
representative, not to take action because a friend, neighbor or coworker
encourages you to act.

An online directory of AILA attorneys is available at www.ailalawyer.com
Even if a friend, neighbor or coworker encourages you to act, do NOT try to contact
immigration authorities or fall for a scam! At this time, there is NO application to
fill out, NO form that can be filed, NO filing fee that can be paid and NO
guidance from immigration authorities AT ALL as to how the review of cases
will happen. Eventually, as the government decides how to proceed, that information
should be available from official government websites, such as USCIS.gov and
USICE.gov, this website or the website of the American Immigration Lawyers
Association, www.aila.org. To locate an immigration attorney, including searches by
location, practice area and language skills, you can find an online directory of AILA
attorneys at www.ailalawyer.com.

The Announcement does NOT mean that all “low priority” cases will
automatically be granted a work permit or EAD

The Administration’s announcement said that if a case is administratively closed, the
individual will be able to apply for a work permit (employment authorization document
or “EAD”). But there are no details, guidelines or instructions on how to apply for an
EAD, or who will be eligible for an EAD. Unless you are already eligible for an EAD under
existing regulations and guidelines, you should not go to immigration and ask for an
EAD, or apply to immigration for an EAD or you risk losing several hundred dollars in
AILA InfoNet Doc. No. 11082009. (Posted 08/20/11)
filing fees. More information on what an EAD is and how much it costs to apply for one
is found below.

What are “low priority” cases?

The factors for determining low priority cases will likely be based on the June 17, 2011
memo on prosecutorial discretion. However, just because a case seems to fall into one
or more of those categories, does NOT automatically mean that it will be considered “low
priority.” The people reviewing the cases will be looking at the “totality of the
circumstances” and each file will be reviewed on a case-by-case basis. It is unclear how
different factors will be considered and weighed. Given that there are approximately
300,000 cases pending, it is also unclear WHEN a particular case might be reviewed.
What is administrative closure?

Administrative closure applies only to an individual whose case is already before the
immigration judge. When a case is administratively closed, it means that the case is no
longer active and no action will be taken, including no future hearings, unless and until
either the government or the noncitizen asks for the case to be made active again. A
person whose case is administratively closed is still in removal proceedings.

Administrative closure is NOT legal status. It is simply a temporary suspension of
an immigration court case.

Will I get legal status from the Administration’s announcement?

No. According to the announcement, cases that are deemed to be of low priority will
either (1) be administratively closed, or (2) no enforcement action will be taken. This is
not an amnesty or legal status, but rather a temporary decision not to use
limited government resources to deport low priority individuals.
The Administration has also stated that individuals whose cases are administratively
closed will be eligible to apply for a work permit (or EAD). An EAD means that an
individual can legally work in the United States and obtain a social security number for
work. In some states, having an EAD also means you can apply for a drivers license or
other identification). An EAD does not give a person legal status--it is just
temporary permission to work.

What is an EAD?

An EAD or employment authorization document (also known as a work permit) is a
temporary document that gives an individual permission to work lawfully in the United
States. An EAD is generally valid for one or two years (though it is unclear at this time
how long an EAD under this policy will be valid), and can generally be renewed. The
application fee is currently $380, though individuals who can demonstrate financial
hardship may be eligible for a fee waiver. An EAD is NOT an immigration status in
and of itself.

The American Immigration Lawyers Association is the national association of immigration lawyers established
to promote justice, advocate for fair and reasonable immigration law and policy, advance the quality of
immigration and nationality law and practice, and enhance the professional development of its members.
American Immigration Lawyers Association ● Suite 300, AILA InfoNet Doc. No. 111303812 G0 0S9t.re e(tP, oNsWt,e Wd a0s8h/in2g0to/n1,1 D)C 20005 ● (202) 507-7600


Top
 Profile  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 1 post ] 

All times are UTC - 6 hours [ DST ]


Who is online

Users browsing this forum: No registered users and 8 guests


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot post attachments in this forum

Search for:
Jump to:  
cron
Powered by phpBB © 2000, 2002, 2005, 2007 phpBB Group