Friday, August 03, 2012

New Details Come out on Deferred Action for Students

CIS held a call today to confirm developments on the latest deferred action process for Students who qualify for President Obama's new policy direction. The Immigration Policy Center noted some important points of the call:


  • A new form will be available on August 15. All DACA requests will require payment of the standard $85 biometric fee, but no additional fee will be charged. Persons who wish to receive work authorization must pay, with limited exemptions, the current employment authorization document fee of $365.
  • Information provided on the form will be kept confidential, including information relating to applicants’ family members or legal guardians, meaning it will not be used for immigration enforcement proceedings, unless the applicant meets current USCIS criteria for referral to Immigration and Customs Enforcement or issuance of a Notice to Appear (NTA) in immigration court.
  • DHS will deem “significant” any misdemeanor, regardless of the sentence imposed, involving burglary, domestic violence, sexual abuse or exploitation, unlawful possession of firearms, driving under the influence, or drug distribution or trafficking. In addition, DHS will deem significant any other misdemeanor for which an applicant was sentenced to more than 90 days in jail, not including suspended sentences and time held pursuant to immigration detention.  Minor traffic offenses and convictions for immigration-related offenses classified as felonies or misdemeanors by state laws (e.g. Arizona SB 1070) will not be considered

My two cents . . . Remember, CIS is still not taking applications for this so don't send anything in now. Remember to consult a competent immigration lawyer about the pros and cons of exposing yourself to CIS just for a two year work permit before you decide to file anything. There may be other options that can lead to permanent residency that are more viable or suitable to you. Currently, deferred action only stays removal so is most likely to benefit those in removal proceedings who may qualify and deferred action does not lead to a green card. Deferred Action status and its application and associated programs can end/be lifted at any time by an incoming President. Please be careful and watch out for scammers!  

Wednesday, July 25, 2012

The Pros, Cons, and Future of the New Proposed Provisional Waiver Program for I-601 Waivers - YouTube

Check out my newest video: The Pros, Cons, and Future of the New Proposed Provisional Waiver Program for I-601 Waivers - YouTube:  I balance the pros and cons with the new proposed program, what is it, who is covered, what it doesn't do and the risks and potential benefits of relying on it. Feel free to comment on Youtube or this blog with any follow up questions about this new proposed policy. I know there is a lot of confusion around the Internet and amongst those who call me for consultations about this.

Wednesday, June 27, 2012


The Board of Immigration Appeals Refuses to Agree with CIS Decisions Denying Green Cards to Gay Partners who were Legally Married in their States, Despite the Federal Defense of Marriage Act

In June 2012, in four separate cases of CIS decisions in states where gay marriage was considered legal under state law, the BIA ordered the USCIS to complete full fact-finding to determine whether the marriages are legally valid and whether the spouse would qualify for a green card under the Immigration & Nationality Act if the Defense of Marriage Act did not exist.  In one case, the ruling re-opened removal proceedings for the spouse of a gay American who had an outstanding deportation order.  The Board of Immigration Appeals has never before re-opened removal proceedings or remanded green card petitions back to USCIS after denials based solely on DOMA Section 3. Currently, the Defense of Marriage Act serves as CIS's basis for refusing to grant green cards to gay spouses of US citizens because DOMA defines marriage as between heterosexuals only for purposes of federal benefits. DOMA has not been overturned by the US Supreme Court to date

The BIA's recent movement on this issue is a great sign but it's still not clear yet if future cases based on case marriage will succeed while DOMA is still valid law.

Friday, June 15, 2012

New immigration policy announced today for Dreamers

A major change in immigration policy was announced by the Obama Admnistration today. The DREAM Act that has been stuck in committee in Congress for years is similar to the new deferred action policy announced today. This is a temporary stay from deportation for certain children under the age of 30 who are in the US illegally.

Deferred action is a temporary "status" that protects someone from being placed in removal. Deferred action under the new policy would allow for a work permit (EAD). Details are sketchy as of today but we know for sure that the following is required to qualify:
  • Been in the US for the past five years 
  • In high school or graduated high school or have GED or honorably discharged from military 
  • no major crime or multiple minor crimes be under the age of 30 
This deferred action does not give a path to permanent residency (a way for a person with deferred action to obtain a green card) or citizenship.

Deferred action will only be granted for 2 years at a time and is not guaranteed to be renewed at the end of the 2 year period. The new CIS memo addresses three areas. For individuals who have are encountered by ICE & CBP, these agencies should exercise prosecutorial discretion on whether to issue NTAs for those who would qualify for this deferred action on a case by case basis. Immigrants who are in removal proceedings but not yet subject to a final order of removal - ICE is instructed to use office of public advocate to identify those who would qualify for deferred action. More info to come. . .

Tuesday, May 08, 2012

Harry's Law Highlights Abuse Against Men - A Very Real Occurrence

I applaud Hollywood for giving fair treatment to the very sensitive issue of male rape by a female in a recent episode of Harry's Law on NBC.  The show began with one of the characters actually questioning if it's possible to rape your partner in marriage, which shows society's bias towards assuming all sex is consensual or expected to happen since one is married so there is no such thing as marital rape. Whether rape happens in marriage or in a dating relationship, or by a stranger, rape is rape. It's a power struggle having nothing to do with sexual desire. Rape is about exerting control over another human being.

The second issue raised was whether it was even possible for a woman to rape a man. In this episode, the male character claimed he was raped because he was given a roofie type drug or Viagra with side effects that dropped his inhibitions and he was forced into something he did not want to do (and was mortified and humiliated to tell his wife).
Rape and male abuse by women is a very real occurrence but much less talked about because most men are too embarrassed to come forward. In the immigration context, this embarrassment is amplified by fear that they will lose their green card or status in the US if they come forward, under threat of retaliation from their wife. 
In the many cases I represent and the many men I speak to consultations in abusive marriages, the conduct of their wives in these marriages not only include rape, but humiliation in sexual relations and forced sexual performance under severe conditions. This is all done under the threat of deportation or even physical harm, if not by the woman sitting on top of the man's chest beating him - then by threat of her brother, father, or uncle beating her husband up if he does not comply with her demands or do what she wants. In addition, many of these men fail to report the conduct of their wives because of the societal stigma of reporting abuse, especially when they live in a culture from countries such as India and Thailand where the man is expected to be the dominant and head of the family.

It is also often extremely difficult to remarry after an arranged marriage has fallen apart, let alone if allegations of abuse were the reason for the split.

  • Divorce, itself, brings shame in many cultures on the entire family and dissolving the marriage because of an abusive wife creates the stigma that the man is not a real man or capable of handing his private affairs and controlling his wife's actions. 
  • A man can be in literal physical danger from his wife's family if he returns to his home country - for bringing shame or hurting the wife's reputation by reporting the abuse or telling anyone, making the threat of deportation that the wife uses to control him in the relationship -  that more scary and real for the immigrant husband, who often stays in an abusive relationship to avoid the cultural and physical dangers he would face back home.

Abuse against men can be physical, financial, and/or psychological/emotional.    The hardest part of my consultations is helping men recognize that they don't have to live with the abuse. Many have never been married before and expect that all marriages are full of arguments, physical violence, yelling tirades, mood swings, and isolation from friends and family - because they know no other reality than what they're living with their wife now.

Abused men can be manipulated in ways that aren't typically used against women such as:

  • being blackmailed into providing for the wife's family financially or 
  • being forced into unpaid labor for the wife's family all under threat of being deported for noncompliance. 
  • Many times, men are stalked at work and harassed all day over the phone and in person by their wives and their wives' family members that they lose productive jobs or are forced to quit because they can't maintain their concentration. 
  • Abusive wives are also known to steal vital birth certificates, immigration documents including green cards, passports, and social security cards, of their spouses, as well as money and their husband's credit cards to mandate obedience to their demands. 
Many times, abuse happens to very well-educated men who are  caught in situations they did not expect with a woman who turned into a different person after they married. They feel trapped and helpless to change their circumstances, with their abusive spouse dangling their immigration status over their heads.