| nydreamer |
06-20-2012 03:46 PM |
Chat With Immigration Lawyer L. Scott
Cleared up a few things for me. She is Houston, TX-based, but takes cases from any states if they are willing to work through it via the internet or telephone. I would hire her if I had the funds! I edited the chat and only kept Dream-related questions/answers.
Quote:
laurel: Sorry I'm a few minutes late. My Internet Explorer was "updated" and now I can't get the chat to work on it. So, I downloaded Chrome and it works fine, but it took me five minutes.
laurel: So, here I am. Well, much has happened since last we spoke.
laurel: On Friday the President announced that the Department of Homeland Security will grant Deferred Action and accompanying EADs to specific people, i.e. those who might qualify for relief under the DREAM Act were it to pass.
laurel: I will run through the basic eligibility requirements
laurel: In order to qualify for Deferred Action and an EAD, you must: (1) have been under age 16 (age 15 and under) at the time of entry, (2) be continuously present (no departures) for at least five years from the date the memo was published (June 15, 2012) meaning you have to have arrived in the US no later than June 15, 2007, (3) be under age 31 (before your 31st birthday) on June 15, 2012, (4) be in high school, have graduated high school, have a GED, or be dishonorably discharged from the military at the time of the application (i.e. not necessarily by June 15, 2012), (5) be at least age 15 at the time the application is made, and (6) not have any felony conviction, not have at least three misdemeanor convictions, not be a threat to national security or public safety (i.e. no gang members) and not have any "significant misdemeanors". Significant misdemeanors include, but are not limited to: a single DUI, a single Domestic Violence conviction, crimes of violence, drug crimes including simple possesion of marijuana less than 30 grams, and sex offenses.
laurel: Before you ask, it is clear that they will NOT change their minds about: (1) the age requirement for the age at entry, (2) the time requirement that you have to have been here since at least June 15, 2007, (3) the upper age limit that it has to be before your 31st birthday on June 15, 2012, and (4) a single DUI disqualifies you. Let me say this again: a single DUI disqualifies you and the government is not going to change its mind about that. I will say it one more time: a single DUI really, really will disqualify you and the government is not going to change its mind about that.
laurel: While the President announced that effective immediately people who meet these requirements are not subject to removal, it could be up to 60 days before the government creates a procedure for affirmatively requesting deferred action and subsequently applying for an EAD. That means you cannot apply now. It could be two months before you can apply.
laurel: To be clear, even people not currently in removal procedings will be able to apply for this relief. But the process has not yet been created. Experts differ on how many people will be eligible, but estimates range from about 800,000 to 1.4 million.
laurel: We all expect notario fraud to be rampant. Make sure your attorney is licensed. Many of us have started estimating what our legal fees will be. You should expect legal fees to range from about $500 to $1500 depending on the complexity of your case, the experience and reputation of the attorney, and the part of the country (e.g. New York City is more expensive than Oklahoma City).
laurel: Government filing fees will be around $500 plus or minus a few hundred. Fee waivers will be rare.
laurel: Attorneys are likely to begin accepting cases immediately because we have a general idea of what will be required. But we can't actually file for a few months. One thing you can all do now is order certified copies of your birth certificates as I'm 99% sure they will want those and just imagine what will happen when 500,000 people order their Mexican birth certificates at the same time. The Mexican authorities will be overwhelmed and there will be a backlog of several months just to get your birth certificate. Order three copies as this will not be the last time you need to present a certified copy of your birth certificate. You can also be ordering copies of your school records, which I expect will be the preferred proof of five years of presence. Go back further than 2007 if you can.
laurel: To be clear, Deferred Action is temporary relief. It does not lead to a green card. It does not lead to citizenship. It does not allow you to sponsor other people, such as your parents. It does not make you eligible for federal student loans. It does not make you eligible for Medicaid, food stamps or welfare. It DOES make you eligible to get a valid social security card and it DOES make you eligible to apply for a driver's license.
laurel: Ok, let's start taking some questions.
TSK: From Leilei: Hi Laurel! I'm sure you have already been bombarded with questions related to Obama's news on Friday June 15. Luckily, I believe that my husband's younger brother and sister would qualify. Could you explain a little more about this news and also how to get started with the process. Thanks so much and have a great week!
laurel: See what I've just posted and let me know if there are any questions you have that are not answered by what I wrote.
laurel: Ok, I don't see any other questions about EADs for Dreamers so I will start taking the waiver questions..
Markie: Hi. Any idea if applicants will be able to request advance parole or a travel document?
laurel: The government has not yet determined whether they will issue Advanced Parole documents with the Deferred Action/EAD cases. I expect they will not as the whole idea behind Deferred Action is to grant temporary relief from removal where humanitarian reasons preclude removal. That's what Deferred Action is supposed to be for. But if the government then gives permission for these individuals to leave and return and maintain Deferred Action status, then I have to admit it does appear to be an abuse of Deferred Action, IMHO, especially if done on a large scale as a matter of course. Also, there are some unresolved issues regarding Advanced Parole and whether people who were unlawfully present more than a year and leave on Advanced Parole are actually permitted to re-enter. There is some recent case law that further muddies the waters on this. But I would consider it a risky move for any client over the age of 18 and a half.
a_dreamer: EAD question - if someone is under age 30 now but will not be in 2 years at the renewal period, will they continue to be eligible or will they age out of this program?
laurel: Dunno. We don't have the rules for renewal yet. And I don't expect them for another 18 months. But I expect they will grant it, yes, as it has to do with your age on June 15, 2012, rather than your age on the date of the application.
NYDREAMER: 22 / EWI / Married USC 2+ yrs ago. DreamAct eligible. No criminal records, no complications. Is Provisional Waiver happening for sure by year-end? Currently weighing my options and planning to file I-130. Thanks for all you do for us Laurel!
laurel: Nothing is ever for sure in immigration. But Provisional Waivers are a *near* certainty by year end. Actually at the conference, some attorneys were theorizing that it could happen as early as late August or September (which makes me want to pee myself as I'm not ready). If you are eligible for EADs for Dreamers and you appear eligible for a Provisional Waiver, then this is a lucky time for you. Get your EAD as soon as possible and then file your waiver application when it opens up, you can work and drive until it's time for you to go to your consular interview, you're gone for a few weeks, and problem is solved. That's of course if everything goes smoothly, but all that is actually a possibility now where it wasn't a year ago.
laurel: Ok, it is five past. There are still a lot of questions remaining, but things are crazy at my office due to everything that is going on with EADs for Dreamers and Provisional Waivers looming close in the horizon. So, I must get back to work. I will see you all here next week.
|
|
