Tips under the new Laws under Trump and AG Sessions
 

Important tips under Trump Administration and Justice Department under Jeff Sessions.

3. Lawfully present nonimmigrants (e.g. DACA, U Visa, EADs, Visitors, Students, H1Bs, etc.). Carry with you at all times your Employment Authorization Document, I-94 card, passport with entry stamp, or other proof of lawful presence (see the law above). Carry the original with you and keep a photocopy in a safe place at home, especially if you are within the 100 mile border area (more than 60% of the US population lives in this zone).

4. Undocumented immigrants in the US for more than two years. Keep with you at all times evidence that you have been present for at least two years. Why? Because President Trump just ordered DHS to examine activating a never used provision in immigration law that allows for the immediate removal from the US of anyone who cannot prove they have been here for two years (absent a claim for asylum). We do not know when ICE or CBP might activate the change, but we need to be prepared. Evidence that you might want with you are utility bills, receipts, Facebook posts, mail or any other documentation with your name going back two years, BUT, be very careful of using pay stubs if you have used false documents or information to get your job, as those are prosecutable offenses. Again you should also keep this information at home so that it is accessible to someone who can help you. Keep a photocopy at home. And, make sure you have a family plan in place to call for legal assistance if you fail to return home as usual.

5. Undocumented immigrants in the US for less than two years. The bad news is that you need a plan in place on what will happen to your belongings and your family if you do not return home from work, shopping, or school. Make sure your relatives know they can look for your name on the ICE detainee website. We assume that ICE and CBP will not release you on bond, and that if you have a fear or returning home, you will need to be VERY vocal about letting everyone know if you are detained

6. Undocumented Immigrants with 10 years in the United States and children. You are eligible for Cancellation of Removal, and release on bond. Begin now to prepare the paperwork you will need to secure a bond, and to prove your case. You can read more about this process here. Don't be caught unprepared!

7. Non-US Citizens (Permanent Residents, Visa Holders, and Undocumented Immigrants) who have a criminal convictions OR are arrested. If you have a criminal conviction, or are even arrested for a crime, ICE has begun to detain people in this category and has released only a very few on bond. If you have relief from removal, you are eligible for bond, but, depending on where you are, you may not be released. Prepare for this by saving money for bond now, and have the paperwork organized so that our attorneys can quickly help seek a bond.

8. Undocumented Immigrants with prior deportation orders. If you have a prior deportation order and have returned to the United States, you are subject to prosecution by the federal government for the crime of reentry after deportation. President Trump has ordered his U.S. Attorneys to increase the number of people charged with this crime. Depending on WHY you were deported (for example a serious criminal offense), you can spend up to five years in federal prison for reentering the US. Again, make your plans now about how you want to deal with this situation. If you have a deportation order and never left, NOW is the time to speak to an immigration attorney and seek advice about your options to reopen your deportation case.

9. For those Arrested by ICE, especially for the undocumented--Have a plan in place. Decide now who picks up the kids from school/daycare, who will be authorized to do so with the school, who to contact first, have a power of attorney prepared for this. In the last few weeks we have heard of parents being picked up at school bus stops and at work and home while the kids are in school. Once it happens, there is no time to make arrangements.

http://musingsonimmigration.blogspot...tizen.html?m=1

Re: Tips under the new Laws under Trump and AG Sessions
 

Can someone please link me to this?

Trump's order for DHS to examine activating a never used provision in immigration law that allows for the immediate removal from the US of anyone who cannot prove they have been here for two years.

Edit: I guess I was not clear, does anyone know the source on which these lawyers are saying carry evidence that you've been here for more than 2 years? I want to know where did they get this from.

Re: Tips under the new Laws under Trump and AG Sessions
 

Damn carry with you the original

I don't feel too comfortable with this if you lose it then good luck

Re: Tips under the new Laws under Trump and AG Sessions
 

Might as well carry all your documents that you submitted for initial DACA. We will have to carry a luggage bag everywhere we go.

Re: Tips under the new Laws under Trump and AG Sessions
 

https://www.amazon.com/gp/aw/d/B01G7VTE16?psc=1

100 pack! Just in case you lose the first one.

Re: Tips under the new Laws under Trump and AG Sessions
 

I have read this memo.

Isn't the entire EO halted for now though?

Re: Tips under the new Laws under Trump and AG Sessions
 

Only the ban for the 7countries is halted for now. The rest of the signed EO are in place, including the funding for sanctuary cities.

Re: Tips under the new Laws under Trump and AG Sessions
 

The memo in this article is true?

Are they saying those that are here for over 10 years with children or 10 years with no children qualifies too?

Re: Tips under the new Laws under Trump and AG Sessions
 

For cancellation of removal, you need a few things.

"Nonpermanent residents must establish that he/she (1) has been physically present in the United States for a continuous period of 10 years (2) has been of good moral character during the 10-year period, (3) has not been convicted of select criminal offenses and (4) that removal would result in exceptional and extremely unusual hardship to US citizen or lawful permanent resident family members."

Then you can ASK a judge, to cancel your removal. It is not automatic.

Re: Tips under the new Laws under Trump and AG Sessions
 

I don't think even with the original ICE will simply just let us go. They will harass the living fuck out of us

Re: Tips under the new Laws under Trump and AG Sessions
 

Wait, i thought Trump was going to save us? :lol:

Re: Tips under the new Laws under Trump and AG Sessions
 

arent you a fair weather dreamer? like if there's good news youre all optimistic but when theres bad news you revert back into a class a pessimist?

Re: Tips under the new Laws under Trump and AG Sessions
 

when have i been on trumps nuts? lol

Re: Tips under the new Laws under Trump and AG Sessions
 

never said you were. but when a thread that looks good you become an optimist but when an article that spells bad you suddenly turn to a negative nancy.

Re: Tips under the new Laws under Trump and AG Sessions
 

quote me when i have been 'optimistic' :lol: i always knew trump a bitch just like his supporters

Re: Tips under the new Laws under Trump and AG Sessions
 

oh wow really? so you're that guy? yeah trumps an ahole but you really think we're all gonna get deported? good god dude, how do you get through the day with that pessimism.

we'll be fine dude.

Re: Tips under the new Laws under Trump and AG Sessions
 

Eh it's obvious trump isn't reading what he's signing

http://www.mirror.co.uk/news/world-n...riefed-9766516


And we shouldn't assume he will read the next EO he signs off that start mass deportation then get mad because he wasn't briefed

It's just as silly to not worry at all as it is to worry about it so much

Re: Tips under the new Laws under Trump and AG Sessions
 

4 is the tough part.

I wonder what the rate of approval is then if it gets denied. The 2 year can be used?

Re: Tips under the new Laws under Trump and AG Sessions
 

all true. but even sec john kelly today admitted that he shouldve rolled out the muslim ban differently, and he took the blame in todays committee hearing. they didnt think this one through and rushed through it.

heres another tidbit i found.. for future EO's, i hope Preibus will be the final say w/ the President instead of Bannon and Miller.

Several people involved in the current process say the administration wants to be more careful and felt stung by the criticism, even if their signing was cheered by Trump’s supporters. Chief of Staff Reince Priebus has lately gotten far more involved in the process, one person familiar with it said. He has implemented a multi-step process to approving the orders, according to a White House official.

Re: Tips under the new Laws under Trump and AG Sessions
 

@Dreamer0987 it is from the 1997 Immigration law concerning expedited removal. It is usually used for people in the country less than two weeks and within 100 miles of the border.

DHS ( I think ) can expand it to the entire country and up to two years without going through congress.

Expedited removal is done by a DHS office and the decision is final ( You can get it vacated ). There is no immigration judge or appeal. It is quick, cheap and easy for DHS compared to normal removal.

https://www.uscis.gov/ilink/docView/...0-11261/0-0-0-36122/0-0-0-36228.html

Re: Tips under the new Laws under Trump and AG Sessions
 

I reached out to one of the lawyers of that blog post and asked him about point number 4. I asked where exactly did he the information for point number 4.

He replied:
I went on that link and look for that specific section.

Section 11C says:

I searched the whole EO and couldn't find anything that says 2 years of evidence will help you or if it is even necessary.

Does anyone have any ideas?

@AztecAztec, so the two year evidence is based on the 1997 immigration law?

Deleted

Re: Tips under the new Laws under Trump and AG Sessions
 

Paul Ryan himself said he didn't agree on a Muslim van then recently started to agree with it. These people are really bipolar as hell and we shouldn't believe a word they say. It's tiring hearing something from them only later for their actions to be the opposite. Trump has bad hombres in his team and these people are calling the shots. I wouldn't be surprise if the write an EO for trump that calls for major deportations and idiot too lazy to read trump signs it

Re: Tips under the new Laws under Trump and AG Sessions
 

Here is a pdf from the Congressional Research Office that can explain it better than me. Look at the bottom of page 8 where it says "Although under law the Secretary of Homeland Security59 may apply expedited removal to any alien who has not been admitted or paroled60 into the United States and who cannot show that he or she has been continuously present for two years".

They foot note everything.

And my bad, it was a 1996 law.



https://fas.org/sgp/crs/homesec/R43892.pdf

Re: Tips under the new Laws under Trump and AG Sessions
 

Thank you! You saved my day. I was going crazy looking for this clause.

Re: Tips under the new Laws under Trump and AG Sessions
 

For Cancellation of removal you need a few things like:
1) Good moral character
2) 10 years in US prior to being placed into removal proceedings
3) USC or LPR, Parent, Spouse, or Child who'd suffer "EXCEPTIONAL AND UNUSUALLY EXTREME" Hardship from your removal.

Thing is:
1) COR cases are EXTREMELY LONG and EXTREMELY HARD. If you're claiming via child the child will probably turn 21 before you're granted COR. If you entered on a visa you'll at that point probably just file for termination so you can AOS.
2) COR can only be sought while in removal proceedings. So you can't just file a form like for Asylum. You need to end up in removal proceedings. That's when you file EOIR-42B, and when you get the receipt you file an AOS packet with USCIS so you can get a work permit while the case is pending.
3) There is a limit of 4,000 green cards that can be granted via COR per year. That quota goes fast. So don't be surprised when the judge tells you to come back next year for a hearing. No one even knows what the backlog is. No one even knows if there is a wait list to begin with or is it a First Come First Serve basis.

On the flip-side COR can overcome a permanent bar for illegal re-entry, and some others. It cannot overcome a false claim to citizenship.

Basically I'd treat it as something to do as a last resort when you have a solid case (kids make for solid cases, especially if you didn't teach them the language of wherever you're from, and if you come from a racially homogeneous country and your kids are mixed (e.g. you're white from a 99.9% white place like Poland or Ukraine and your kids are half-Asian)).
Not just loitering in front of the local ICE office wearing a sombrero and playing the maracas on your 10 year anniversary in the US. Though I guess if you want to end in removal proceedings that's one way to do it.

Re: Tips under the new Laws under Trump and AG Sessions
 

^^^^^
Best part of that comment haha
Not just loitering in front of the local ICE office wearing a sombrero and playing the maracas on your 10 year anniversary in the US

Re: Tips under the new Laws under Trump and AG Sessions
 

Thanks so much for your insight!!! This is great information! 😍