Posts Tagged ‘Deportation’

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The New Dream Act/Deferred Action; What Does It Mean for You?

August 12, 2012

Next week the new immigration laws regarding young immigrants will finally be revealed in full.  What does this mean for us? Although these laws may help some, the regulations seem to exclude more people than they help.  They leave a lot of uncertainty and worry amongst potential applicants as well. 

The new laws will be available to those who are in an illegal status at this time, and who entered the US prior to their 16th birthday.  Thus, those who were already 16 upon entry are excluded. Unfortunately, we have come across several clients who missed this deadline by a few days or a few weeks. Should a person be excluded from DREAM because they were 16 years old and three weeks when their parents brought them here?  It seems a bit of an arbitrary cut-off.

The applicant also has to have lived in the US for at least five years continually with only brief interruptions. The burden will be on the applicant to prove they have been present in the US for at least the last five years. This can be proved by showing medical records, school records, phone bills, or other documentary evidence regarding physical presence in the United States.  The rules seemingly indicate that the applicant may have left the US for brief periods of time, yet there is no hard and fast rule as to what will constitute "brief" absences.   Will the old "Fleuti" doctrine of 180 days apply? Or will DREAMERS be held to a stricter standard? Hopefully, more concrete guidance will be released next week with respect to the new laws.

Those applying must currently be between the ages of 15 and 30.  I have had clients cut off by being both too young or by being too old. It’s a shame that someone who fits all the other requirements can miss benefiting from the law because they turned 30 a few months ago or because they are now 14.

The law will also require applicants to  be currently enrolled in a high school program, or completed HS or a GED. They can also be enrolled in college or serving in the military in some instances. We have also come across persons who never finished high school. They had to work to help support their family or to send money back to their family at home. They do not speak English or even know they could attend school here. These persons may too be excluded. Some persons are enrolling  in high school now or starting to enroll in local or online GED programs. I bet the organizations that offer GEDs are seeing a sudden boon in enrollees. But will enrollment in a GED program be sufficient to meet the requirements of this law? The law says persons may be "currently enrolled" in high school to qualify. So will such GED programs suffice? It will be interesting to find this out.

What about those who have been arrested? Those with more than one arrest or any "significant" crime may not be eligible for relief under the law. Then what will happen if they choose to apply and are denied? Will they be placed in removal proceedings? Will they be deported? Presumably not. But I am not yet convinced that this will ultimately be the case. Anyone with more than a traffic ticket should be extremely careful of this law and consult an immigration attorney prior to applying.

So what will the new law provide to applicants? Those who "pass" all these tests will get a work permit for two years. With this permit they will be able to get a social security number and renew or obtain a drivers license.  This relief will need to be renewed every two years. It does not grant residency or lead to a green card. Spouses are not automatically included. Your children are not necessarily included. The law does not legalize a person or permit them to change status. 

The filing free will be $465 total per application.  The forms and filing procedures will be released next week. Those already in removal proceedings may also apply with USCIS

The real question everyone wants to know is whether those who apply are at risk of deportation in case of a change in the administration. While we are told that  applicants who are denied relief are not being turned over to ICE for removal, the effects of the law remain to be seen.  One USCIS officer in Connecticut actually warned us to tell clients not to apply under the law. What does she know that we do not know?  Hopefully she was just being overly cautious.  To be continued after the regulations are released next week.

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Anti-Immigration Law Blocked by Appeals Court in Alabama

March 23, 2012

If you need help with an Immigration Law issue, contact NY Immigration Attorney Susan B. Henner now at (914) 358-5200 for more information.

Victory! Appeals Court Blocks Additional Provisions of H.B. 56, Alabama’s Anti-Immigrant Law
Posted by Cecillia Wang, Immigrants’ Rights Project

A federal appeals court issued an order Thursday blocking two draconian provisions of Alabama’s immigration law, H.B. 56. The order brings immediate relief to the countless Alabamians who have suffered under these provisions, which were intended "to attack every aspect" of their lives and to expel them from the state.

The court’s order first restored the right of Alabamians to enter into contracts without fear. Section 27 of H.B. 56 would effectively void any contract where one party knows or has reason to know that another party to the contract is an undocumented immigrant. Under this measure, such contracts would be unenforceable in Alabama state courts.

The Alabama law takes aim at immigrants but affects all Alabamians by destabilizing contract law, a basic building block of our civil liberties as Americans. Even U.S citizens, as well as immigrants with and without lawful status, would be viewed with suspicion and denied the right to rent a home, or to lease a car or buy a new dining table on an installment plan. If you speak English with an accent, or you somehow seem "foreign" to a landlord or a salesman, Alabama’s law would make it impossible for you to do your everyday business and to keep a roof over your family’s head. Section 27 would turn neighbor against neighbor, forcing Alabamians to view each other with suspicion based on stereotypes.

The Court also blocked Section 30 of H.B. 56, which makes it a felony for an undocumented immigrant to enter into "any transaction" with the state government. We’ve already seen the human rights crisis caused by this law. Families who tried to pay for life necessities like water and electricity were turned away by state-run utilities. Alabamians were forced to show proof of their citizenship or immigration status when paying their property taxes. And so entire neighborhoods emptied overnight as families abandoned their homes and fled with only the belongings they could carry with them. This measure worked just as the state legislature intended – it literally made it impossible for people to live in Alabama.

The federal court ruling does not only restore the civil rights of Alabamians. It also puts things back into a constitutional order. As Americans, we have the right to disagree with one another in good faith about immigration policy. But one thing is for sure, as yesterday court order demonstrates: State laws that authorize discrimination and systematic violations of the U.S. Constitution cannot stand.

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Immigration Cases Need Immediate Attention to Details

November 9, 2011

A mistake in your Immigration case can mean the difference between keeping your family together, and being forced to separate under very stressful conditions. Having an experienced and highly qualified Immigration attorney by your side is a must.

“We called Susan Henner after our previous lawyer completely screwed up our case. She quickly explained what was wrong and filed the correct papers. We could have saved so much money had we known about Susan in the first place. Use her, she is trustworthy and fair!” ~ Cassandra

If you need help with an Immigration matter in NY, contact Susan B. Henner at 1-888-733-0141 and (914) 358-5200, or by email at Susan@sbhenner.com

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Bilingual Immigration Attorney in NY

November 4, 2011

Having a bilingual immigration attorney who also possesses extensive knowledge about the Immigration proceedings you may be facing, can be invaluable when you are facing such a life-changing event.

“I have been asked for immigration attorneys in my role in Human Resources and have found that Ms. Henner has always gotten the highest ratings from the people I have referred. The fact that she speaks Spanish has put some of the referrals at ease but the fact that she can answer their questions and help with all their immigrations issues is what they seem to like best!” Anonymous

If you need help with an Immigration matter in NY, contact Susan B. Henner at 1-888-733-0141 and (914) 358-5200, or by email at Susan@sbhenner.com

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NY Immigration Attorney Very Professional

November 2, 2011

Susan B. Henner has the professional knowledge and makes every effort to keep her clients well-informed during their Immigration process. She knows that having an Immigration Issue unresolved is a stressful time for the entire family.

“Ms. Henner has taken care of my entire immigration process with grace, professionalism, commitment and pride. She has been available for phone calls and emails and was also able to explain the terms and conditions of next steps necessary for my case to succeed. What’s very important is her attention to detail and thoroughness and in-depth knowledge of the U.S. immigration law. This well-experienced attorney is definitely trustworthy and I would recommend contacting her office to any person who is serious of his / her future in this great country. Surely, Susan is the best attorney I have ever known and worked with.“ ~ Jakub G.

If you need assistance with an Immigration matter in New York, please contact Attorney Henner at 1-888-733-0141 or (914) 358-5200, or by email at Susan@sbhenner.com

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“H1b Status Approved!” NY Immigration Attorney Testimonial

October 6, 2011

It’s always exciting when a client’s goals are achieved for their Immigration matter. If you are facing an Immigration case in NY and would like assistance or more information, contact Susan B. Henner at 1-888-733-0141 or (914) 358-5200, by email at Susan@sbhenner.com, or use the contact form HERE on her website.

 

“Thank you very much for working with me over this last year with my H1b status. I just got a letter from immigration and it was approved! I am so happy right now. Thanks for your efforts and those of the staff. Words cannot express how grateful I am to you right now. All I can say is thank you! I know what you’ve done for me to enable this process and it will never go unnoticed. Thanks on behalf of my wife and I.” James

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Immigration Attorney Henner Helps Clients Avoid Deportation

September 26, 2011

Attorney Henner possesses a wealth of knowledge about matters concerning asylum and deportation as the following testimonial states.

 

“I have known Ms. Henner for nearly 20 years. She possesses tremendous

knowledge of immigration law, including criminal matters and asylum. I have

referred clients to her in the past and all were extremely pleased with her

services. She is an excellent immigration lawyer and has helped clients to

get visas and residency, as well as to avoid deportation.” ~ Jane

 

If you need help with an Immigration matter in NY, contact Susan B. Henner at 1-888-733-0141 and (914) 358-5200, or by email at Susan@sbhenner.com