Schools across the country are experiencing an increase in transcript request. In this article, one Minnesota school district has even waived the $15 transcript fee so it an help undocumented aliens get the evidence they need to apply for deferred action for childhood arrivals (DREAMers).
http://minnesota.publicradio.org/display/web/2012/09/25/social-issue/deferred-action-young-immigrants-request-school-records/
By: William J. Kovatch, Jr.
(703) 837-8832
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Tuesday, September 25, 2012
Thursday, September 20, 2012
Deferred Action for Childhood Arrivals (DREAMers) Intake Form
For an appointment, call William J. Kovatch, Jr. at (703) 837-8832.
Tuesday, September 18, 2012
Diversty Visa Program to be Replaced?
Apparently, there is a proposal to end the diversity visa program (also known as the lottery), and replace it with more immigrant visas for those who earn advanced degrees in science and technology.
The diversity visa program is essentially a lottery. The visas are available by country, based on how many people come to the United States from those countries. Countries like Mexico, the Philippines, India and China, where there are a lot of immigrants coming to the United States, wind up with none of the visas, while immigrants from countries like Nepal and Morocco have a better shot.
A person who wants to immigrate enters a lottery. If they win, they get a chance to apply for that visa. But, the visa is only available to people who have certain degrees or skills. Cooks, for example, would not qualify for a diversity visa.
The program is confusing, since the requirements are not well publicized. This means that at times the winners of the lottery only find out later that they do not actually qualify for the visa.
In my opinion, the program needs reform. But, I am not sure I would scrap it altogether.
http://www.washingtontimes.com/news/2012/sep/18/high-tech-science-grads-favored-in-visa-proposals-/
Update (9/25/2012): The Republican bill failed. It seems that there is a sharp difference between the parties on whether it is necessary to cut the diversity visa program in order to add new visas for science, technology, engineering and math graduates. Personally, I don't get why immigration needs to be a zero-sum game. I think the diversity visa program needs some sort of reform. But without it, there are a large number of people in small countries who may never get a chance to experience the American dream.
http://www.computerworld.com/s/article/9231522/Republican_STEM_visa_bill_fails
The diversity visa program is essentially a lottery. The visas are available by country, based on how many people come to the United States from those countries. Countries like Mexico, the Philippines, India and China, where there are a lot of immigrants coming to the United States, wind up with none of the visas, while immigrants from countries like Nepal and Morocco have a better shot.
A person who wants to immigrate enters a lottery. If they win, they get a chance to apply for that visa. But, the visa is only available to people who have certain degrees or skills. Cooks, for example, would not qualify for a diversity visa.
The program is confusing, since the requirements are not well publicized. This means that at times the winners of the lottery only find out later that they do not actually qualify for the visa.
In my opinion, the program needs reform. But, I am not sure I would scrap it altogether.
http://www.washingtontimes.com/news/2012/sep/18/high-tech-science-grads-favored-in-visa-proposals-/
Update (9/25/2012): The Republican bill failed. It seems that there is a sharp difference between the parties on whether it is necessary to cut the diversity visa program in order to add new visas for science, technology, engineering and math graduates. Personally, I don't get why immigration needs to be a zero-sum game. I think the diversity visa program needs some sort of reform. But without it, there are a large number of people in small countries who may never get a chance to experience the American dream.
http://www.computerworld.com/s/article/9231522/Republican_STEM_visa_bill_fails
DREAMers Not Entitled to Health Insurance Subsidies
According to the New York Times, those who received deferred action for childhood arrivals (DREAMers) will not be eligible for federal subsidies to buy health insurance.
http://www.nytimes.com/2012/09/18/health/policy/limits-placed-on-immigrants-in-health-care-law.html?pagewanted=all&_moc.semityn.www
http://www.nytimes.com/2012/09/18/health/policy/limits-placed-on-immigrants-in-health-care-law.html?pagewanted=all&_moc.semityn.www
Updated Information for DREAMers (Deferred Action for Childhood Arrivals)
USCIS recently updated its Frequently Asked Questions on the deferred action for Childhood Arrivals (DREAMers) program.
The highlights:
You cannot travel outside of the United States after August 15, 2012 and still be considered for deferred action. Once deferred action is granted, travel abroad is not automatic. You will need to apply for advance parole before leaving.
You do not need to document each and every day of continued presence. Affidavits can be used to explain any gaps in formal documentation of your presence. But, you must submit two or more affidavits from people who have direct, personal knowledge of your presence in the United States.
You may need to provide evidence from your employer. USCIS promises: "This information will not be shared with ICE for civil immigration enforcement purposes pursuant to INA section 274A unless there is evidence of egregious violations of criminal statutes or widespread abuses." Two things to note on this one. First, this is just a promise, and not law. Second, USCIS says it will share information with ICE in cases showing that the employer engaged in eggregious violations of the law.
Here is the website:
http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=3a4dbc4b04499310VgnVCM100000082ca60aRCRD&vgnextchannel=3a4dbc4b04499310VgnVCM100000082ca60aRCRD
The highlights:
You cannot travel outside of the United States after August 15, 2012 and still be considered for deferred action. Once deferred action is granted, travel abroad is not automatic. You will need to apply for advance parole before leaving.
You do not need to document each and every day of continued presence. Affidavits can be used to explain any gaps in formal documentation of your presence. But, you must submit two or more affidavits from people who have direct, personal knowledge of your presence in the United States.
You may need to provide evidence from your employer. USCIS promises: "This information will not be shared with ICE for civil immigration enforcement purposes pursuant to INA section 274A unless there is evidence of egregious violations of criminal statutes or widespread abuses." Two things to note on this one. First, this is just a promise, and not law. Second, USCIS says it will share information with ICE in cases showing that the employer engaged in eggregious violations of the law.
Here is the website:
http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=3a4dbc4b04499310VgnVCM100000082ca60aRCRD&vgnextchannel=3a4dbc4b04499310VgnVCM100000082ca60aRCRD
Friday, September 14, 2012
Can Facebook Entries Help Applicants for Deferred Action for Childhood Arrivals (DREAMers)?
This Washington Post article hints at a possible creative solution for those who apply for deferred action for childhood arrivals (DREAMers), and who need proof of physical presence: Facebook pages.
Applicants must show five years of physical presence before June 15, 2012, as well as physical presence on June 15, 2012 and at the date of filing. For some undocumented aliens, there may not be any official records or even mail to prove your physical presence.
Facebook, however, has a function that allows you to "check-in" at certain places. If you use a mobile device with a GPS locator, Facebook finds where you are, and posts it for you when you check-in. If you had a habit of "checking-in" over a course of time, and the places where you check-in are in the United States, then perhaps your Facebook account can be proof of physical presence in the United States.
There is no guarantee that the Government will accept such proof. There is an argument that this creates the potential for fraud. Sure, you could give your cell phone to a friend and have that friend "check-in" for you. Of course, for this to have been fraud, you would have had to have planned for the Administration to come up with this program years ago, and made a conscious effort to have others "check-in" just to show your physical presence.
On the other hand, using Facebook as evidence can be a double-edge sword. First, if you happened to have left the United States and checked in the last five years, the Government will see that. Also, if you have posted things that you are not proud of, like an urging to violently overthrow some government, or admitting to the elements of some crime even if you were never convicted, then the Government will know that too. If you are going to use Facebook as evidence, be careful to look through your posts carefully.
Nonetheless, I have been warning people for years that the Government does look at your Facebook accounts. In marriage visa petitions, for example, if the Government were to see that the intending immigrant actually lists their status as "single," well, that can be a problem.
In the absence of other evidence, though, I have learned that at times you have to be creative. I have seen Facebook posts used in criminal cases successfully (for example, showing that an injury that is the subject of a criminal charge was actually present in a photo posted on Facebook before the alleged assault happened). Perhaps it could be used successfully in immigration cases as well.
http://www.washingtonpost.com/local/documentation-for-deferred-action-leads-to-confusion-among-illegal-immigrants/2012/09/13/25faa7ce-fb71-11e1-b153-218509a954e1_story.html
Applicants must show five years of physical presence before June 15, 2012, as well as physical presence on June 15, 2012 and at the date of filing. For some undocumented aliens, there may not be any official records or even mail to prove your physical presence.
Facebook, however, has a function that allows you to "check-in" at certain places. If you use a mobile device with a GPS locator, Facebook finds where you are, and posts it for you when you check-in. If you had a habit of "checking-in" over a course of time, and the places where you check-in are in the United States, then perhaps your Facebook account can be proof of physical presence in the United States.
There is no guarantee that the Government will accept such proof. There is an argument that this creates the potential for fraud. Sure, you could give your cell phone to a friend and have that friend "check-in" for you. Of course, for this to have been fraud, you would have had to have planned for the Administration to come up with this program years ago, and made a conscious effort to have others "check-in" just to show your physical presence.
On the other hand, using Facebook as evidence can be a double-edge sword. First, if you happened to have left the United States and checked in the last five years, the Government will see that. Also, if you have posted things that you are not proud of, like an urging to violently overthrow some government, or admitting to the elements of some crime even if you were never convicted, then the Government will know that too. If you are going to use Facebook as evidence, be careful to look through your posts carefully.
Nonetheless, I have been warning people for years that the Government does look at your Facebook accounts. In marriage visa petitions, for example, if the Government were to see that the intending immigrant actually lists their status as "single," well, that can be a problem.
In the absence of other evidence, though, I have learned that at times you have to be creative. I have seen Facebook posts used in criminal cases successfully (for example, showing that an injury that is the subject of a criminal charge was actually present in a photo posted on Facebook before the alleged assault happened). Perhaps it could be used successfully in immigration cases as well.
http://www.washingtonpost.com/local/documentation-for-deferred-action-leads-to-confusion-among-illegal-immigrants/2012/09/13/25faa7ce-fb71-11e1-b153-218509a954e1_story.html
Wednesday, September 12, 2012
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