http://www.immigrationblog.us/2015/02/obama-pospone-acciones-sobre.html

WASHINGTON — One day before hundreds of thousands of undocumented immigrants were to begin applying for work permits and legal protection, administration officials on Tuesday postponed President Obama’s sweeping executive actions on immigration indefinitely, saying they had no choice but to comply with a federal judge’s last-minute order halting the programs.

The judge’s ruling was a significant setback for the president, who had asserted broad authority to take executive actions in the face of congressional Republicans’ refusal to overhaul the immigration system. White House officials have defended the president’s actions as legal and proper even as his adversaries in Congress and the states have accused him of vastly exceeding the powers of his office.

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In a decision late Monday, Judge Andrew S. Hanen, of Federal District Court for the Southern District of Texas, in Brownsville, ruled in favor of Texas and 25 other states that had challenged Mr. Obama’s immigration actions. The judge said that the administration’s programs would impose major burdens on states, unleashing illegal immigration and straining state budgets, and that the administration had not followed required procedures for changing federal rules.

Mr. Obama vowed Tuesday to appeal the court ruling and expressed confidence that he would prevail in the legal battle to defend his signature domestic policy achievement. “The law is on our side, and history is on our side,” he declared.

White House officials said the government would continue preparing to put Mr. Obama’s executive actions into effect but would not begin accepting applications from undocumented workers until the legal case was settled. That could take months. In the meantime, the president urged Republican lawmakers to return to negotiations on a broader overhaul of immigration laws.

“We should not be tearing some mom away from her child when the child has been born here and that mom has been living here the last 10 years minding her own business and being an important part of the community,” he said.

White House officials said the Justice Department was reviewing whether to ask an appeals court to block Judge Hanen’s ruling and allow the executive actions to proceed. But for now, the judge’s ruling could be a crushing disappointment to members of the immigrant community, who have spent much of the last two years pressuring Mr. Obama to act decisively to prevent deportations that separate immigrant families, including many with children or spouses who are living in the United States legally.

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Drew Law Office, PLLC -- Immigration Lawyers Metro Manchester NH (603) 644-3739 or www.immigrationNH.com

In-Country Refugee/Parole Processing for Minors in Honduras, El Salvador and Guatemala (Central American Minors – CAM) | USCIS

In-Country Refugee/Parole Processing for Minors in Honduras, El Salvador and Guatemala (Central American Minors – CAM) | USCIS

ntroduction

The Central American Minors (CAM) Refugee/Parole Program provides certain qualified minors in El Salvador, Guatemala and Honduras a safe, legal, and orderly alternative to the dangerous journey that some children are currently undertaking to the United States.

The CAM program began accepting applications from qualifying parents in the U.S. for their children on December 1, 2014. The qualifying parent is the U.S.-based parent who may complete the application. Only certain parents, described below, are eligible to be qualifying parents and file for their children. Each qualified child must be unmarried, under the age of 21, and residing in El Salvador, Guatemala or Honduras. In certain cases, the parent of the qualifying child  may also qualify for access if the parent is the spouse of the qualifying parent. See below for eligibility details.

Eligibility

Qualifying Child

The qualifying child in El Salvador, Guatemala or Honduras must be:

• The child of the qualifying parent per the Immigration and Nationality Act (biological, step, or legally adopted);
• Unmarried;
• Under the age of 21;
• A national of El Salvador, Guatemala, or Honduras; and
• Residing in his or her country of nationality.

Eligible Family Members

In some cases, other eligible family members may have access, including:

• Unmarried children of the qualifying child who are under the age of 21 can be included as derivatives.

Parent of Qualifying Child Who is not the Qualifying Parent

This program is primarily aimed at minors, but a parent of the qualifying child may be included if:

• He/she is part of the same household and economic unit as the qualifying child,
• He/she is legally married to the qualifying parent at the time the qualifying parent files the CAM-Affidavit of Relationship (AOR), and
• He/she continues to be legally married to the qualifying parent.

Qualifying Parent

The qualifying parent may be any individual who is at least 18 years old and lawfully present in the United States in one of the following categories:

• Permanent Resident Status, or
• Temporary Protected Status, or
• Parolee, or
• Deferred Action
• Deferred Enforced Departure, or
• Withholding of Removal

Deferred Action

Parolees and persons granted deferred action must have been issued parole or deferred action for a minimum of one year. For all other categories listed above, individuals who are lawfully present and in a valid status at the time of application (this means the date of CAM-Affidavit of Relationship filing) are eligible.

Application Process

There is no filing deadline for this program, but the qualifying parent must be in one of the current statuses listed above at the time of applying for this program, as well as at the time of admission or parole of the beneficiary of this program.

The qualifying parent in the U.S. files Form DS-7699 Affidavit of Relationship (AOR) for Minors Who Are Nationals of El Salvador, Guatemala, and Honduras (CAM-AOR). This form can only be accessed and completed with the assistance of a designated resettlement agency (RA). For additional information and a listing of resettlement agencies where the CAM-AOR may be filed please visit the Department of State, Refugee Processing Center’s website.

There is no fee to participate in this refugee/parole program and it is prohibited for anyone to charge a fee for completion of the form.

DNA Testing

DNA relationship testing must occur between the qualifying parent in the U.S. and his/her biological children. The parent in the U.S. will pay the initial costs of DNA testing and will be reimbursed for testing costs ONLY if ALL claimed and tested biological relationships are confirmed by DNA test results.

Refugee Status

Refugee status is a form of protection available to those who meet the definition of refugee and who are of special humanitarian concern to the United States. For a legal definition of refugee, see section 101(a)(42) of the Immigration and Nationality Act (INA).

Both the qualifying child and the in-country parent of the qualifying child must  establish an independent refugee claim to be granted refugee status.

Eligibility for refugee status is determined on a case-by-case basis through an interview with a specially-trained USCIS officer.

Applicants who gain  access to the program, but are found ineligible for refugee status will be considered on a case-by-case basis for parole into the United States.

For more information about refugees, see the “Refugees” section of our website.

Parole

Parole allows individuals who may be otherwise inadmissible to come to the U.S. on a case-by-case basis for urgent humanitarian reasons or significant public benefit.  A separate application for this process is not required.

An applicant found conditionally eligible for parole is subject to the following additional requirements:

• Medical Clearance and Costs: All applicants for parole will be required to obtain and pay for medical clearance.
• Travel Arrangements and Costs: An individual who is authorized parole must book his or her travel through an approved USCIS process and pay for the flight to the United States.

USCIS will be updating the CAM webpage to provide updated information on Parole as part of the CAM Program. Please check back periodically to view this updated information.

 Drew Law Office, PLLC -- Immigration Lawyers Metro Manchester NH (603) 644-3739 or www.immigrationNH.com

DACA Expansion opens February 18, 2015

Deferred Action for Childhood Arrivals (DACA) program
Who	Individuals with no lawful immigration status who are seeking initial or renewal DACA.
What	Extends the deferred action period and employment authorization to three years from two years, and allows you to be considered for DACA if you: Entered the United States before the age of 16; Have lived in the United States continuously since at least January 1, 2010, rather than the prior requirement of June 15, 2007; Are of any age (removes the requirement to have been born since June 15, 1981); and Meet all the other DACA guidelines.
When	February 18, 2015 (USCIS will not accept requests for expanded DACA before that date.)
How	Go to the Consideration of Deferred Action for Childhood Arrivals (DACA)page for instructions which will be updated. Subscribe to this page to receive updates by email.

Drew Law Office, PLLC -- Immigration Lawyers Metro Manchester NH (603) 644-3739 or www.immigrationNH.com

Immigrants Can Get Mexican Birth Certificates in U.S. - NBC News.com

Immigrants Can Get Mexican Birth Certificates in U.S. - NBC News.com

Starting Thursday, Mexico's 50 consulates in the U.S. will be able to issue birth certificates to Mexican citizens. The move will make it easier for Mexican immigrants to obtain driver's licenses, passports, work permits and protection from deportation under President Obama's upcoming executive action.

"It helps individuals really begin to formulate their formal identity in this country," said Angelica Salas, executive director of the Coalition for Humane Immigrant Rights of Los Angeles. Prior to this change some immigrants in the U.S. relied on relatives in Mexico to get their birth certificates, which was a longer and more difficult process.

About half of the approximately 11 million undocumented immigrants in the U.S. are from Mexico, and experts believe about 3 million could be eligible for executive action under Obama's plan.

Mexican consulates will be able to access data from regional governments. Some rural villages where documents are not digitally recorded may not be covered, but consulates should be able to issue birth certificates for nearly all birthplaces.

Jessica Vaughan, policy director at the Center for Immigration Studies which advocates for tighter limits on immigration, said it is important that the U.S. communicate with Mexico to ensure the system is established effectively and with integrity.

 Drew Law Office, PLLC -- Immigration Lawyers Metro Manchester NH (603) 644-3739 or www.immigrationNH.com

Recent Announcements - Drew Law Office, pllc.

Syria TPS Redesignation/ Extension Recent Announcements - Drew Law Office, pllc.

WASHINGTON - Secretary of Homeland Security Jeh Johnson has redesignated Syria for Temporary Protected Status (TPS) and extended the existing TPS designation for the country from April 1, 2015, through Sept. 30, 2016. This allows eligible nationals of Syria (or persons without nationality who last habitually resided in Syria) to register or re-register for TPS in accordance with thenotice published today in the Federal Register.

Who is Eligible	Current TPS Status	Where to File
Current TPS beneficiaries from Syria	Have TPS	To extend your TPS, you must re-register during a 60-day re-registration period that runs from Jan. 5, 2015, through March 6, 2015.
Syrian nationals and persons without nationality who last habitually resided in Syria, who have: Continuously resided in the United States since Jan. 5, 2015, and Been continuously physically present in the United States since April 1, 2015.	Do not have TPS	To obtain TPS, you may apply for TPS during a 180-day initial registration period that runs from Jan. 5, 2015, through July 6, 2015.

During the past year, the Department of Homeland Security and the Department of State reviewed the conditions in Syria. Based upon this review, Secretary Johnson determined that a redesignation and 18-month extension of TPS for Syria is warranted due to an ongoing armed conflict and extraordinary and temporary conditions in Syria that prevent its nationals from returning in safety.

Individuals re-registering for TPS:

Current Syrian TPS beneficiaries seeking to extend their TPS status must re-register during a 60-day period that runs from Jan. 5, 2015, through March 6, 2015. U.S. Citizenship and Immigration Services (USCIS) encourages beneficiaries to re-register as soon as possible once the 60-day period begins. USCIS will not accept applications before Jan. 5, 2015.

The 18-month extension allows TPS re-registrants to apply for a new Employment Authorization Document (EAD). Eligible Syria TPS beneficiaries who re-register during the 60-day period and request a new EAD will receive one with an expiration date of Sept. 30, 2016. USCIS recognizes that some re-registrants may not receive their new EADs until after their current EADs expire. Therefore, USCIS is automatically extending current TPS Syria EADs with a March 31, 2015, expiration date for an additional six months. These existing EADs are now valid through Sept. 30, 2015.

To re-register, individuals must submit:

• Form I-821, Application for Temporary Protected Status (Re-registering individuals do not need to pay the Form I-821 application fee);
• Form I-765, Application for Employment Authorization, regardless of whether they want an EAD;
• The Form I-765 application fee, but only if they want an EAD (All individuals re-registering for TPS who want an EAD must pay the Form I-765 fee, regardless of their age); and
• The biometric services fee if they are age 14 or older.

Individuals applying for TPS for the first time:

For Syrian nationals (and persons having no nationality who last habitually resided in Syria) who do not currently have TPS, the TPS redesignation may allow them to apply for TPS if they have continuously resided in the United States since Jan. 5, 2015, and have been continuously physically present in the United States since April 1, 2015. In addition, applicants must meet all other TPS eligibility and filing requirements.

To apply for the first time, individuals must submit:

• Form I-821, Application for Temporary Protected Status;
• The Form I-821 application fee;
• Form I-765, Application for Employment Authorization, regardless of whether they want an EAD;
• The Form I-765 application fee, but only if they want an EAD and are 14 to 65 years old (Those who are under age 14 or are age 66 and older do not need to pay the Form I-765 fee with their initial TPS application); and
• The biometrics services fee if they are age 14 or older.

Individuals who still have a pending initial TPS application under Syria do not need to submit a new Form I-821. However, if such individuals currently have a TPS-related EAD and want a new EAD, they must submit:

• Form I-765, Application for Employment Authorization;
• The Form I-765 application fee, regardless of their age; and
• A copy of the receipt notice for the initial Form I-821 that is still pending.

DHS anticipates that approximately 5,000 individuals will be eligible to re-register for TPS under the existing designation of Syria and estimates that approximately 5,000 additional individuals may be eligible for TPS under the redesignation.

Applicants may request that USCIS waive any fees based on inability to pay by filing Form I-912, Request for Fee Waiver, or by submitting a written request. Fee-waiver requests must be accompanied by supporting documentation. USCIS will reject the TPS application of any applicant who fails to submit the required filing fees or a properly documented fee-waiver request.

Additional information about TPS for Syria—including guidance on eligibility, the application process and where to file—is available online at www.uscis.gov/tps. The Federal Register notice published today contains further details about this extension and redesignation of Syria for TPS, including application requirements and procedures, and the automatic six-month extension of current TPS Syria EADs.

All USCIS forms are free. Applicants can download these forms from the USCIS website at www.uscis.gov/forms or request forms by calling USCIS toll-free at 1-800-870-3676.

Applicants seeking information about the status of their individual cases can check My Case Status Online or call the USCIS National Customer Service Center at 1-800-375-5283 (TTY 1-800-767-1833).

For more information about USCIS and its programs, please visit www.uscis.gov or follow USCIS on Facebook (/uscis), Twitter(@uscis), YouTube (/uscis) and the USCIS blog The Beacon.

 Drew Law Office, PLLC -- Immigration Attorneys, Manchester Metro, NH (603) 644-3739 or www.drewpllc.com

NHBA - Bar News Issue

NHBA - Bar News Issue



Bar News - December 17, 2014


Opinion: A NH Immigration Lawyer’s Perspective on Executive Action

By: Randall Drew

Perhaps you have heard that President Barack Obama recently declared himself King and tore up the Constitution to thwart the rule of law regarding immigration. Well, that’s not exactly true. The president did give a speech and published two presidential memoranda on immigration. Those two memos, however, were both rather vague and announced some pretty uncontroversial ideas, such as “…streamline and improve the legal immigration system…” and “...modernize the information technology infrastructure underlying the visa processing system…”

The controversial policy changes have been left to the cabinet members of the relevant agencies; particularly Homeland Security and Labor. There are several changes coming to the inner workings of the immigration system – things that should improve the efficiency and customer service aspects of the bureaucracy quite a lot. But nobody cares about that, unless they are trying to hire an immigrant worker, petition for a family member, or work on immigration cases, as I do.

The really big news about the executive action is the shift of enforcement resources away from “wide net” interior sweep toward a targeted approach against dangerous criminals and recent arrivals, and concentrating on the Southwestern border. As part of this kinder/gentler approach, the secretary of Homeland Security (at the president’s direction) has expanded the Deferred Action for Childhood Arrivals program (DACA) and created an additional class of persons eligible for deferred action: parents of US citizen or lawful permanent resident children. This new program is called the Deferred Action for Parental Accountability (DAPA).

Is this executive amnesty? Not really. Amnesty implies forgiveness of a violation of immigration law (e.g. illegal entry or visa overstay) and a path to permanent status or citizenship. DACA and DAPA provide only a temporary formal deferral of a person’s removal from the United States. It does not end the threat that eventually, even a DACA or DAPA beneficiary will face deportation. What DACA and DAPA have done and will do is allow some people who have been living here without documents to come out of the shadows; get temporary permission to work, obtain a legitimate social security number, file a proper tax return, and get a legal driver’s license. It allows people to stop breaking the law out of necessity.

If you are in the self-deportation camp (the philosophy that we should make living here such an awful and treacherous experience that undocumented people will voluntarily choose to leave) you are not going to like these measures. I really can’t help with that. I would only point out that we are talking about persons who entered the United States when they were children and/or are parents of US citizen children and who have resided in the country since 2009. I personally am not interested in discovering how spiteful, horrid, petty and mean we can be to these folks – but maybe that’s just me.

Sure, I am biased; this will be good for my business. In truth, I also am hoping that these program changes will last long enough to see a comprehensive immigration reform act pass through Congress. But, biased or not, I also have likely met more immigrants (legal or otherwise) than many Bar News readers, in my close to 20 years as an immigration lawyer. That is how I know that many of them will flourish when given this chance.

Having even a temporary status can allow them to seek a better job for higher wages, pursue higher education (although without financial assistance), and have some stability to make financial decisions like renting a better apartment, registering a car, opening a bank account – things many of us take for granted. These are all positives for the previously undocumented and for the state’s economy and public safety in general.

I commented here back in May on a change to NH law for 2015 that will increase the penalty for first offense driving without a license from a violation to a misdemeanor, if the driver had never had a valid license. I suspect this change will mostly impact undocumented immigrants who are not eligible to receive a New Hampshire driver’s license. Yet they still have to get kids to school, bring home groceries from the store, and get to work and back – usually on a non-Uber-ready budget. For some, but by no means all, DACA and DAPA will change that, so they can stop looking over their shoulders and get on with living their lives.

 Drew Law Office, PLLC -- Immigration Lawyers Metro Manchester NH (603) 644-3739 or www.immigrationNH.com

Launch of In-Country Refugee/Parole Program for Children in El Salvador, Guatemala, and Honduras with Parents Lawfully Present in the United States

Launch of In-Country Refugee/Parole Program for Children in El Salvador, Guatemala, and Honduras with Parents Lawfully Present in the United States

from the US Dept. of State website


Today, the United States is announcing the official launch of an in-country refugee/parole program in El Salvador, Guatemala, and Honduras to provide a safe, legal, and orderly alternative to the dangerous journey that some children are currently undertaking to the United States. This program will allow certain parents from one of these three countries who are lawfully present in the United States to request to bring their children to the United States as refugees via the U.S. Refugee Admissions Program. Children who are found ineligible for refugee admission but still at risk of harm may be considered for parole on a case-by-case basis. The refugee/parole program will not be a pathway for undocumented parents to bring their children to the United States. Instead, the program will provide certain vulnerable, at-risk children with an opportunity to be reunited with parents lawfully present in the United States.

A fact sheet in English and Spanish describing the program can be found on the Department of State website at:http://www.state.gov/j/prm/releases/factsheets/2014/234067.htm

Applications for this program may be initiated by a lawfully present parent in the United States. Form DS-7699 must be filed with the assistance of a designated resettlement agency that works with the U.S. Department of State’s Bureau of Population, Refugees, and Migration to help resettle refugees in the United States. Parents do not need to pay any fee to file this form or for assistance in completing and submitting the form, but they are expected to cover the initial costs of DNA testing to confirm claimed biological parent-child relationships. Costs of DNA testing are reimbursable under certain circumstances. Form DS-7699 will not be available on the Department of State website to the general public and cannot be completed without the assistance of a Department of State-funded resettlement agency. These nearly 350 resettlement agency affiliates are located in more than 180 communities throughout the United States. Additional information about the program, as well as a list of the resettlement agency affiliates that can assist with filing the DS-7699 can be found at: http://www.wrapsnet.org/CAMProgram/tabid/420/Default.aspx

 Drew Law Office, PLLC -- Immigration Attorneys, Manchester Metro, NH (603) 644-3739 or www.drewpllc.com