Deferred Action for Childhood Arrivals (DACA) Archives - Page 4 of 6

12 12, 2016

Post Election Immigration Update

By Richard Hanus|2016-12-12T08:20:24-06:00December 12th, 2016|Categories: Amnesty for Immigrants in the U.S., Deferred Action for Childhood Arrivals (DACA), DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), Employment Authorization / Work Cards in the U.S., General, immigration reform, Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

Published December 12, 2016 So far, there is no news of any substance as far as major changes in policy or law in the immigration arena. Further, there is no news about the continued viability of President Obama’s Deferred Action for Childhood Arrivals, a program that has allowed for the issuance of employment authorization to roughly 800,000 undocumented young adults who were brought to the U.S. as children. The good news is that the President Elect has changed his pre-election tune and advised that he will not necessarily eliminate it. Of course, all important immigration law developments will continue to […]

9 11, 2016

Do Not Panic

By Richard Hanus|2016-11-09T16:22:17-06:00November 9th, 2016|Categories: Amnesty for Immigrants in the U.S., Asylum in the United States, Customs and Border Patrol / Travel to and from the U.S., Deferred Action for Childhood Arrivals (DACA), DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), General, Green Cards, Immigration and Criminal Law / Detainees, immigration reform, Lawful Permanent Residence in the U.S., Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

Published November 9, 2016 Panic is rarely a useful response to a stressful situation. In the U.S. immigration arena in the aftermath of Donald Trump’s election to the U.S. presidency, panic is neither useful nor necessary. Yes, he spoke about a wall. Yes, he spoke about rounding up all undocumented immigrants. But did he mean it? If he said it, why wouldn’t he mean it? If he did mean it, what laws and political realities should the undocumented be aware of? Will our nation’s undocumented be rounded up for deportation? Very, very, very unlikely. While Trump made such an initiative a hallmark of his primary campaign, […]

7 07, 2016

U.S. v. Texas: The Supreme Court Addresses President Obama’s Executive Order on Immigration

By Richard Hanus|2016-07-07T15:18:30-05:00July 7th, 2016|Categories: Amnesty for Immigrants in the U.S., Deferred Action for Childhood Arrivals (DACA), DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), Employment Authorization / Work Cards in the U.S., General, immigration reform, Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

Published July 7, 2016 In recent weeks, the U.S. Supreme Court announced in a one line order that it will let stand a lower court decision blocking implementation of President Obama’s most recent executive program on immigration. In the case of U.S. v. Texas, the eight member Supreme Court (with Justice Scalia’s recent death and his seat left unfilled) in a 4-4 decision simply stated, “(t)he judgment is affirmed by an equally divided court”, upholding lower court decisions and effectively putting a nail in the coffin on President Obama’s immigration initiative known as “Deferred Action for Parents of Americans and […]

21 03, 2016

You Can Always Ask for Prosecutorial Discretion

By Richard Hanus|2016-03-21T07:52:16-05:00March 21st, 2016|Categories: Amnesty for Immigrants in the U.S., Asylum in the United States, Deferred Action for Childhood Arrivals (DACA), DHS / Immigration and Customs Enforcement (ICE), Removal / Deportation Proceedings and Court Hearings, Uncategorized|

Published March 21, 2016 No matter what stage in the deportation/removal process a foreign national may find themselves in, and no matter their previous immigration status – or lack thereof, there is always the option of seeking “prosecutorial discretion”. Of course, those who have available to them a specific legal defense under governing immigration laws may not necessarily need to make such a request. However, the weaker their legal defense, the more likely a request for prosecutorial discretion should be asserted. A government agency’s discretion over whether to prosecute, or not prosecute, a law breaker is at play when it […]

25 01, 2016

U.S. Supreme Court to Review Obama’s Most Recent “Legalization” Program

By Richard Hanus|2016-01-25T12:21:10-06:00January 25th, 2016|Categories: Amnesty for Immigrants in the U.S., Deferred Action for Childhood Arrivals (DACA), DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), Employment Authorization / Work Cards in the U.S., Family-Based Immigration Law, General, immigration reform, Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation|

Published January 25, 2016 Last week, the U.S. Supreme Court announced it will consider the Obama administration’s appeal in the United States v. Texas and hear oral arguments on the legality of President Obama’s executive order granting, in effect, temporary immigration status to millions of undocumented immigrants. Oral arguments on the legality of this program, known as Deferred Action for Parents of Americans and Lawful Permanent Residents, or “DAPA”, are slated for April, 2016 and with a final decision expected by the end of June. At issue before the court are a number of important legal and constitutional principles, […]

11 11, 2015

Legality of Obama’s Executive Action On Immigration Likely to be Decided by US Supreme Court

By Richard Hanus|2015-11-11T09:25:47-06:00November 11th, 2015|Categories: Amnesty for Immigrants in the U.S., Deferred Action for Childhood Arrivals (DACA), DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), Employment Authorization / Work Cards in the U.S., U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

Published November 11, 2015 Earlier this week, a panel of the U.S. Court of Appeals for the 5th Circuit Court, issued a 70 page opinion in support of their ruling that the Obama administration overstepped its authority in seeking to implement a plan to temporarily legalize millions of undocumented immigrants. This appellate ruling comes after a lower court ruled against the implementation of the program and in favor of the 25 plaintiff states that brought the lawsuit challenging the legality of the Obama initiative. The ruling was issued by a 2 judge majority, but with a 50 page dissent penned by one […]

30 04, 2015

Top Six Reasons to Hire an Immigration Lawyer

By Richard Hanus|2015-04-30T08:40:32-05:00April 30th, 2015|Categories: Amnesty for Immigrants in the U.S., Asylum in the United States, Citizenship / Naturalization and the N-400 Application, Conditional Permanent Residence Based on Marriage, Deferred Action for Childhood Arrivals (DACA), DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), Employment Authorization / Work Cards in the U.S., Employment-Based Immigration Law, Family-Based Immigration Law, General, Green Cards, Immigrant Health Care Workers in the U.S., Immigrant Visas for Spouse / Fiancee / Child Visas, Immigration and Criminal Law / Detainees, Immigration and PERM / Labor Certification, immigration reform, Lawful Permanent Residence in the U.S., Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation, Uncategorized, Undocumented Immigrants and Workers in the U.S.|

Published April 26, 2015 1. To Keep a Clean and Simple Case, Clean and Simple: A knowledgeable and experienced immigration lawyer will know how a filing, whether family based or employment based, should be prepared. The immigration lawyer will know exactly how to file the paperwork, how it should be documented, where the filing should be submitted, how to keep the filing on track and to make sure it does not fall through the cracks. If an interview is scheduled, the immigration lawyer will prepare the applicant for all questions and processes they will face, and accompany the applicant to […]

25 03, 2015

Implementation of New Deferred Action Program Continues on Hold

By Richard Hanus|2015-03-25T12:32:45-05:00March 25th, 2015|Categories: Amnesty for Immigrants in the U.S., Customs and Border Patrol / Travel to and from the U.S., Deferred Action for Childhood Arrivals (DACA), DHS / Citizenship and Immigration Services (USCIS), Family-Based Immigration Law, General, Green Cards, immigration reform, Lawful Permanent Residence in the U.S., Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

Published March 25, 2015 As previously reported here, the new Obama Executive Action granting up to 5 million undocumented individuals access to a 3 year employment authorization and protection from removal is the subject of a fierce legal challenge mounted by 26 states. The prospective applicants impacted are those who have been residing in the U.S. for more than 5 years, have no major criminal convictions, AND have U.S. citizen or permanent resident children. For the first battle, chalk one up to the challenging states, as a federal court judge in Texas imposed a temporary injunction prohibiting the implementation of […]

20 02, 2015

On Hold: New Executive Order Granting Expanded Immigration Benefits Now Awaits the Outcome of a Court Fight

By Richard Hanus|2015-02-20T10:13:37-06:00February 20th, 2015|Categories: Amnesty for Immigrants in the U.S., Deferred Action for Childhood Arrivals (DACA), DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), Employment Authorization / Work Cards in the U.S., General, Green Cards, immigration reform, Lawful Permanent Residence in the U.S., Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

Published: February 20, 2015 In the past week, a federal court in Texas put a temporary halt to the implementation of the first stage of President Obama’s most recent Executive Order on immigration, a program originally set for launch on February 18, 2015. This phase of the new program was aimed at benefiting an expanded group of childhood arrivals who were deemed too old to apply under the previously implemented Childhood Arrival program rules. The court order also effectively put a halt to implementation of stage 2 of the new Executive Order which was originally set for May, 2015 and was set […]

3 02, 2015

Applicants for Expanded Deferred Action for Childhood Arrivals (DACA) Benefits Can File Starting February 18, 2015

By Richard Hanus|2015-02-03T15:54:48-06:00February 3rd, 2015|Categories: Amnesty for Immigrants in the U.S., Deferred Action for Childhood Arrivals (DACA), DHS / Citizenship and Immigration Services (USCIS), Employment Authorization / Work Cards in the U.S., General, Green Cards, immigration reform, Lawful Permanent Residence in the U.S., Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation, Uncategorized, Undocumented Immigrants and Workers in the U.S.|

Published: February 3, 2015 The first stage of implementation of President Obama’s Executive Order on immigration is set for February 18, 2015. Importantly, on that date it is only the expanded class of “childhood arrivals” that gets to submit applications, and not the other larger class of undocumented individuals who did not necessarily arrive in the U.S. as children (implementation of that program is expected in May 2015). Applicants qualifying under this new expanded DACA program will be issued a 3 year unrestricted employment authorization document, and a shield against removal proceedings for at least a 3 year period. For the […]

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