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Immigration Newsletter

On June 15, 2012, President Obama and the Department of Homeland Security announced they are stopping the unjust deportation of promising young people. He said the reason of this announcement was because of law makers inaction. In 2010, with bipartisan support, Republicans and Democrats passed the DREAM Act in the House of Representatives. Unfortunately, this bill was blocked by some Republicans in the Senate and did not materialize. We hope that congress will act on it one more time. More... Controlling Alien Admission - Immigrant Visas - Employment-Based Visas - Labor Certification - Effectiveness Most aliens in two employment-based classifications, the EB-2 and EB-3 classifications, must obtain labor certifications as a prerequisite to the issuance of their immigrant visas. It is important that these aliens understand the scope and duration of their certifications and that they understand the potential effect of certain changes to the certifications before the immigration process is complete. More... Grounds for Removal - Public Charge Grounds for removal - Generally More... The Development, Relief, and Education for Alien Minors Act (DREAM) The Development, Relief, and Education for Alien Minors Act (DREAM Act) is a federal law proposed in the United States Senate that would change current immigration laws to be more favorable to aliens who were minors and who have been educated in the United States. The U.S. House of Representatives has proposed a bill along the same lines, and it is called the Student Adjustment Act. More... Controlling Alien Admission - Immigrants - Coast Guard Migrant Interdiction Recently, the United States Coast Guard was made a part of the newly created Department of Homeland Security. Part of the Coast Guard's mission is the interdiction of migrants attempting to enter the U.S. by sea and the general enforcement of immigration law at sea. More... Methods of Acquiring Citizenship - Location of Birth In the mid-1800s, the United States Congress first passed formal legislation ensuring that those born in the U.S., with two minor exceptions, were citizens. Soon thereafter, Congress passed an amendment to the U.S. Constitution declaring that those born or naturalized in the U.S. and subject to its jurisdiction were citizens both of the U.S. and the state of their residence. This rule is generally universal, but there are a few exceptions to it, as well. More... On June 15, 2012, President Obama and the Department of Homeland Security announced they are stopping the unjust deportation of promising young people. He said the reason of this announcement was because of law makers inaction. In 2010, with bipartisan support, Republicans and Democrats passed the DREAM Act in the House of Representatives. Unfortunately, this bill was blocked by some Republicans in the Senate and did not materialize. We hope that congress will act on it one more time. 1. This new policy is meant to give temporary reprieve for those DREAMers until Congress passes a more permanent protection for them. This will allow young people who study in our schools, play in our neighborhoods, and pledge allegiance to our flag and are Americans in their hearts, in their minds, in every single way but on paper. Those who were brought to this country by their parents-sometimes even as infants-and yet they live under the threat of deportation to a country they may know nothing about, with a language they may not even speak. Under this new policy, DREAMers can be granted Deferred Action for up to 2 years and apply for and obtain work authorization for those 2 years. After those 2 years, they can request to renew and extend their deferred action and work authorization for another 2 years. Deferred Action is not Amnesty as there is no path to Permanent Residency (which is a greencard) and no path to United States Citizenship through this new policy. Eligible individuals must: • Be 15-30 years old, and have entered before age 16 • Have been present in the U.S. for 5 years as of June 15, 2012 • Have maintained continuous residence • Have not been convicted of a felony, a significant misdemeanor or multiple minor misdemeanors • Be currently in school, graduated or have a GED, or is an honorably discharged veteran • The deferred action offer will be available to those in proceedings, as well as to those who apply affirmatively. Those currently in removal and/or deportation proceedings are eligible to obtain this new Deferred Action if they qualify. Those with final orders of removal or deportation may also qualify. Those that have no contact with Immigration will be able apply affirmatively to receive Deferred Action. Warning ! United States Citizenship and Immigration Services plans to implement procedures to apply for Deferred Action for DREAMers within the next 60 days. This means that you may not apply at this time. There might be "notaries" that may charge you pretending it is possible to apply now. Be aware of any scam regarding the work permit issue. Our office will make another announcement as soon as the USCIS makes an announcement. Be active preserve your evidence. You are also encouraged to document and preserve the evidence of your physical presence in the US on June 15, 2012 which is one of the requirements. If you did not have any such evidence on Friday, then make sure you do it today. Make a purchase, go to doctor, dentist, pay a bill at a bank, make a deposit, etc. to show that you are in the US. Also preserve any document that shows your presence in the US prior to June 15, 2012 If you believe you or your family member or friend may qualify as a DREAMer, please contact Reza Athari & Associates, PLLC at (702)727-7777 for your free consultation. Stay tuned. Do not apply now. Come and see us for a free consultation we will keep you informed as soon as the procedure is announced.

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