IF YOU are thinking of a relative, friend or yourself who may possibly qualify for President Obama’s immigration amnesty, you are probably confused about how this immigration program works. This is not surprising because the President’s announcement only came out on November 21, 2014, barely two weeks ago. The President calls his immigration program “deferred action for parental accountability”, the first part of the program, and “deferred action for childhood arrivals,” the second part of the program. He says that this immigration program is not amnesty per se, but it’s the United States doing the right thing for millions of illegals “living in the shadows” and “in fear of deportation.” Nevertheless, many people call the President’s executive action amnesty because it is the first logical step towards legalization. Illegals will be given work permits valid for three years, and renewable, with every renewal valid for three years. It’s a great program because it gives the welcome mat to those who are already living here at least five years, albeit illegally. The work permit allows you to stay and work here legally which is certainly a lot better than working under the table and getting paid much less than what you should be paid if you were authorized to work here.
Let’s go on a Question & Answer format to clarify how the President’s program works:
• When does the immigration program take effect? It takes effect on November 20, 2014.
• What is the legal basis for saying that it takes effect on November 20, 2014? The memorandum of the Secretary of the Homeland Security directing the U.S. Citizenship & Immigration Services (USCIS), the U.S. Immigration and Customs Enforcement (ICE), and the U.S. Customs & Border Protection is signed by the Secretary of Homeland Security on November 20, 2014 takes effect immediately.
• When can applications under this program and work permits be filed with USCIS? The memorandum directs the USCIS to start accepting applications no later than ninety days from November 20, 2014. Therefore, applications can be filed in starting February 19, 2015.
• What is the filing fee? The memorandum states that the filing fees for the work permit and biometrics for FBI clearance is $465.
• How long is the work permit valid for? It is valid for three years and renewable for periods of three years for each renewal. This means that if you renew it twice, you would have worked here legally for nine years with social security contributions, and a real social security card.
• How will the USCIS decide these cases? The USCIS is directed to make decisions on applications on a case-by-case basis. Therefore, the USCIS has discretion to decide who qualifies and who does not, depending on how they assess the evidence submitted. That’s why you need a competent lawyer to prosecute your case to enhance the chances of approval.
• What kind of evidence is the USCIS looking for? They will look for documentary & testimonial evidence, and a combination of both, with emphasis on credibility of evidence presented.
• How much evidence is required? They will look for a preponderance of evidence. Therefore, the more evidence submitted the stronger your case is.
• Should you retain a lawyer for your petition? Absolutely. Your lawyer will know how to present your case in the most convincing way possible given whatever evidence you have, and your lawyer has the requisite professional education, skill and experience to prosecute your case.
• Is the United States trying to trick illegals into getting work permits now, then deporting them later on after they have their addresses? No. The United States is giving illegals the first step to legalize themselves. Americans, and I am very proud to be one, are by and large open and fair minded people who believe in the one True God, our Lord, and His beloved Son Jesus Christ who died for our sins because He loved us so, who believe in giving everyone, irrespective of race, nationality, gender or religion, the chance to pursue life, liberty and happiness. This is what America is really about. America is a melting pot of immigrants from all over the world who seek a better life here.
• Will you have to leave America then wait for your work permit abroad? No, you stay here and the work permit will be given to you here.
• If I got arrested but was not charged, is that a criminal record that will prevent me from passing the FBI clearance? No, that is not a criminal record. However, if your name comes out on the FBI screen in some manner, it may delay the clearance time.
• How long is the FBI clearance good for? It’s valid for fifteen months.
• How long will it take to get the work permit from the time the application is filed and the FBI clearance is obtained? USCIS may take several weeks to assess the evidence submitted, a month or two. FBI clearance takes about three weeks. If your evidence is convincing and presented the right way and you clear FBI with no problems, your application should be approved within 3 months.
• Is this program a path to permanent residency? No. Only Congress can provide a path to permanent residency and American citizenship.
• Will Congress provide a path to permanent residency and citizenship? Yes, I believe so. This will most likely happen next year. It will be a bi-partisan bill that will be able to pass both the House and the Senate and which the President will sign into law.
• Can Congress invalidate President Obama’s amnesty? Congress can pass a bill that invalidates executive amnesty. However, the President has the power to veto that bill when it reaches his table. When the President exercises his veto power, Congress will need a “supermajority” of votes to override the Presidential veto. It is almost impossible for Congress to obtain a “supermajority” of votes to override a Presidential veto. So, this scenario is not likely to happen. Congress can also pass a bill to defund the government so that Homeland Security and the USCIS will have no money to operate to accept amnesty applications. However, this is also unlikely to happen because defunding the government doesn’t sit well with the American people.
Lawsuits have also been filed by several states to challenge the constitutionality of the executive action for amnesty. However, the subject matter of this executive action is well within the ambit of executive power. Legal precedents in the last 200 years support executive action of this nature. President Abraham Lincoln’s emancipation of slaves was done by executive action. So, a successful challenge by lawsuit is a long shot.
Thus, President Obama’s immigration program is the law of the land since November 20, 2014.
• What are the relevant cut-off dates? You must have lived in USA no later than January 1, 2010, and you must have a child who is an American citizen, or a permanent resident. Or, if you entered the USA as a juvenile, you must have entered the USA before your 16th birthday, and before January 1, 2010, born before June 15, 1981, and have a high school diploma or GED certificate from here, or serving in the US armed forces. The latter is subject to expanded DACA guidelines which are not yet available.
• Can you give an example of who qualifies? Yes. For instance, you entered the USA on a B1 tourist visa on June 15, 1989. Let’s say you came into the USA without any documents because you crossed the border from Mexico. You met your spouse 10 years ago, however, she is also undocumented. You have a child born in Los Angeles 3 years ago. You qualify under this program but you will need credible testimony regarding your circumstances of entry. I would expect through testimony of family members who are citizens or permanent residents who know how you got in.
•When is the right time to retain a lawyer? Right now. So that he can start getting your evidence together prepare your petition, and file your petition as soon as possible when the USCIS starts accepting applications on or before February 19, 2015. It takes time to get the right evidence and prepare your application. Witnesses have to be identified and their testimony taken down in writing. Documentary evidence has to be obtained. You need competent legal representation to prosecute your case successfully.
• How many illegals qualify under this program? It is estimated that four to five million are qualified under this program, most of who are parents with children who are U.S. citizens, or permanent residents. Perhaps someone you know, or you yourself can qualify. Act now.
• How do your know you are making the right decision to file? You need to open your heart and pray sincerely to our Lord for guidance. He will help you out because He said so. He died for you so He will help you out.
“NOW TO THE KING ETERNAL, IMMORTAL, INVISIBLE, THE ONLY GOD, BE HONOR AND GLORY FOR EVER AND EVER.” 1TIMOTHY 1:17.
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Lawrence Bautista Yang specializes in bankruptcy, business, real estate and civil litigation and has successfully represented more than five thousand clients in California. Please call Angie, Barbara or Jess at (626) 284-1142 for an appointme nt at 1000 S Fremont Ave Mailstop 58 Bldg A-1 Suite 1125 Alhambra, CA 91803.