Undocumented Immigrants and Workers in the U.S.

12 09, 2011

Confusion Over Administration Initiative to Grant Mercy for Non-Criminals Facing Deportation

By |2011-09-12T15:41:18-05:00September 12th, 2011|Categories: DHS / Immigration and Customs Enforcement (ICE), Removal / Deportation Proceedings and Court Hearings, Undocumented Immigrants and Workers in the U.S.|

Published:  September 12, 2011 Not surprisingly, the Obama Administration’s announcement of a re-shuffling of ICE enforcement priorities, including the administrative closure of certain pending removal cases of non-criminals – and with issuance of employment authorization to affected individuals, has left many immigrant families confused and misinformed.   In this case, the confusion and misinformation stems from both a lack of specifics provided on the program to date and the vulnerability and desperation of many impacted and non-impacted individuals. As previously discussed here, the cases of some 300,000 removal (deportation) cases pending on the immigration court docket will be reviewed and considered for […]

11 05, 2011

Ten Years Later: Senator Durbin Introduces the DREAM Act…..Again

By |2011-05-11T08:28:52-05:00May 11th, 2011|Categories: U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

Published: May 11, 2011 After passing the House of Representatives last November, the most recent version of the DREAM Act failed because supporters were unable to gather enough Senate votes to overcome procedural hurdles. On May 11, 2011 Senator Dick Durbin of Illinois reintroduced a new version of the legislative proposal with the hope that the decade long struggle to turn this proposal into law finally succeeds (with a version of the bill first presented for congressional consideration back in 2001). A review: The DREAM in the DREAM Act stands for Development, Relief, and Education for Alien Minors. The essence of […]

26 01, 2011

Options to Adjust Status in the U.S. for the Undocumented/Overstay – What’s Left?

By |2011-01-26T10:29:06-06:00January 26th, 2011|Categories: Amnesty for Immigrants in the U.S., DHS / Citizenship and Immigration Services (USCIS), Employment Authorization / Work Cards in the U.S., Family-Based Immigration Law, Green Cards, Lawful Permanent Residence in the U.S., U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

Published:  January 26, 2011 With the DREAM Act out of the picture for now, the 15 million undocumented/out of status immigrants living in the U.S. are left wondering, what options for living legally in the U.S. are left? Of course leaving the U.S. is not an option for the vast majority of these immigrants – contrary to what the anti-legalization camp see as their next logical step. These individuals have already decided that life in the U.S. in an undocumented status is better than life as a legal resident in their home country. The option most of this population will pursue […]

20 12, 2010

UPDATE ON “DREAM ACT”: The DREAM is Over…For Now

By |2010-12-20T09:14:52-06:00December 20th, 2010|Categories: Amnesty for Immigrants in the U.S., Citizenship / Naturalization and the N-400 Application, DHS / Citizenship and Immigration Services (USCIS), Green Cards, Lawful Permanent Residence in the U.S., U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

Published: December 20, 2010 As most people have come to learn by now, the DREAM Act – the legislative initiative to allow for the legalization of 1 million or so undocumented individuals who came to the U.S. as children – has been shot down by Congress. The very same Republican force that gave birth to this legislative proposal a few years back was pretty much responsible for its demise. And yes, 2 +2 = 5.  PUBLISHED December 20, 2010 – “IMMIGRATION LAW FORUM” Copyright © 2010, By Law Offices of Richard Hanus, Chicago, Illinois

1 12, 2010

New Version of DREAM ACT Up For Congressional Consideration

By |2010-12-01T13:38:47-06:00December 1st, 2010|Categories: Amnesty for Immigrants in the U.S., Citizenship / Naturalization and the N-400 Application, Green Cards, Lawful Permanent Residence in the U.S., U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

Published: December 1, 2010 If past experience is any guide to the future, the new and “improved” DREAM Act proposal now up for congressional consideration has little or no chance at passage. As the post 9/11 era has taught us, legislative proposals to excuse, in any way, immigration law violations generally face the bleakest of prospects. Proponents of the new DREAM act, or any other type of initiative to “go easy” on immigration violators, will surely be greeted with the same heated opposition previous versions of the proposal faced, even though the current bill comes with many more eligibility restrictions. A […]

14 10, 2010

Litigation and the Undocumented

By |2010-10-14T10:45:09-05:00October 14th, 2010|Categories: DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), Immigration and Criminal Law / Detainees, Removal / Deportation Proceedings and Court Hearings, Undocumented Immigrants and Workers in the U.S.|

Litigation and the Undocumented Published: October 14, 2010 An important question that gets asked from time to time: Can an individual residing in the U.S. without legal immigration status access a federal or state civil court to recover damages for a contract breach, personal injury, or to facilitate a divorce? To the surprise of many, – almost always, YES! In general, one’s ability to protect or assert their rights in a civil dispute – for example, relating to a contract breach, personal injury or divorce case – does not depend on the individual’s immigration status. The undocumented are not prevented by […]

13 07, 2010

How to Obtain an Employment Authorization Document

By |2010-07-13T13:09:26-05:00July 13th, 2010|Categories: Employment Authorization / Work Cards in the U.S., Green Cards, Undocumented Immigrants and Workers in the U.S.|

How to Obtain an Employment Authorization Document Published:  July 13, 2010 What is 2” x 3 ½ “, laminated, features a foreign national’s photo and is sought after by tens of millions in the U.S., and billions across the world? If it’s green, then it’s a Permanent Resident Card, or Green Card – allowing for, with a few exceptions, unrestricted and indefinite residence and employment in the U.S. If it’s white, then it’s an Employment Authorization Document (“EAD”) – a document that allows a foreign national to obtain lawful employment in the U.S. for a limited period, but mostly without restriction. […]

30 06, 2010

ICE Memo Outlines Enforcement Priorities as Obama Pushes Comprehensive Immigration Reform

By |2010-06-30T04:08:50-05:00June 30th, 2010|Categories: Amnesty for Immigrants in the U.S., DHS / Immigration and Customs Enforcement (ICE), Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

ICE Memo Outlines Enforcement Priorities as Obama Pushes Comprehensive Immigration Reform Published: June 30, 2010 Recent estimates place the number of illegal or undocumented immigrants in the U.S. anywhere from 10 to 15 million. With very few exceptions, the laws these individuals are violating are civil in nature – similar to most traffic laws, or parking ordinances. Thus, contrary to the pronouncements of countless talking heads in the media, these violators are not “criminals” and necessarily subject to criminal punishment such as a prison sentence. Instead, immigration law violators are subject to the deportation process (now known as removal proceedings) where […]

18 03, 2010

I Have Been Arrested By Immigration…..Now What?

By |2010-03-18T16:36:01-05:00March 18th, 2010|Categories: DHS / Immigration and Customs Enforcement (ICE), Family-Based Immigration Law, Immigration and Criminal Law / Detainees, Removal / Deportation Proceedings and Court Hearings, Undocumented Immigrants and Workers in the U.S.|

I Have Been Arrested By Immigration…..Now What? Published: March 18, 2010 At the risk of sounding cliché’ or predictable, the first step a detained foreign national needs to take is to get an experienced, honest immigration lawyer on the case. That is not to say, there will always be a way to prevent the foreign national’s eventual deportation (now called “removal”) from the U.S., but at least all available legal options will be on the table, including a chance to possibly post bond or assert a defense in the context of removal proceedings , along with a big picture map as […]

9 01, 2010

Lou Dobbs Said What?

By |2010-01-09T21:46:10-06:00January 9th, 2010|Categories: Amnesty for Immigrants in the U.S., Citizenship / Naturalization and the N-400 Application, Conditional Permanent Residence Based on Marriage, Removal / Deportation Proceedings and Court Hearings, Undocumented Immigrants and Workers in the U.S.|

Lou Dobbs Said What? Published: January 9, 2010 When it was announced Lou Dobbs, a controversial television commentator, was leaving CNN, I set out to write a column explaining the significance of his views and departure from CNN and whether the controversy surrounding him is truly warranted. I finished a few drafts but had a difficult time tying together my thoughts and arriving at any meaningful conclusions. However, Dobbs’ recent pronouncements, on Fox News’ O’Reilly Factor, in favor of a legalization program for our country’s undocumented population, prompts me once again to think about Dobbs and the relevance of his views. […]

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