Update on Provisional Unlawful Presence Waivers

USCIS has recently published new regulations allowing certain immediate relatives of U.S. citizens who are physically present in the U.S. to file their unlawful presence waiver petitions prior to departing from the United States.  Currently certain spouses, children and parents of U.S. Citizens cannot apply for lawful permanent residency while in the United States and must travel abroad to consularily process their cases.  At times, they would spend up to a year separated from their family awaiting decisions on their waiver applications.   New regulations modifying the unlawful presence waivers processing will help alleviate some of those issues.

For an applicant to take advantage of the new regulations he or she must meet the following requirements:

i.                     have approved Form I-130 or I-360 as an immediate relative of U.S. citizen (spouses, children, and parents of U.S. Citizens qualify)

ii.                   be physically present in the U.S. at the time of filing

iii.                  show extreme hardship to citizen spouse or parent

iv.                 be 17 years or older

The rule becomes effective on March 4, 2013.  The initial filing fee associated with this type of application is $585.00 plus $80.00 in biometrics fee.

Common questions pertaining to the new regulations:

Q.        My waiver application is already pending with DOS. Can I take advantage of the new procedures?

A.         Provided that the immigration visa interview was scheduled before January 3, 2013, the intending immigrant is ineligible to apply for a provision unlawful presence waiver.   The actual date and time of the interview is not a determinative factor.  

Q.        I am currently in removal proceedings, can I file my application for an unlawful presence waiver in the U.S.?

A.        Only intending immigrants whose removal cases are terminated, dismissed, or administratively closed are eligible to apply for a provisional unlawful presence waiver.  

            Q.        I have previously filed form I-601A with USCIS, can I re-apply?

A.        Yes, if an individual’s provisional unlawful presence waiver petition is denied or withdrawn,  he or she may file a new application.

Q.        My case has been deferred Under DACA, but I have a final removal order, can I participate in the process?

            A.         Intending immigrants with final removal orders on their record are not 

                        eligible.

            Q.         Once my application is filed, will I be scheduled for an interview?

            A.         DHS indicated that majority of applicants will not be scheduled for

                        interviews.

Driver's Licenses for Dreamers in Illinois

Dreamers granted deferred action should be able to secure driver's license in Illinois.
Illinois requires an applicant to provide the legal proof of written signature, date of birth, social security number,  and residency. 
A written signature can be documented with the following: EAD card, credit card, debit card, or passport.   Date of birth can be proven with: EAD card, passport, birth certificate or school transcript. 
Finally one can document residency by producing: pay stubs, utility bills, tuition invoices, or mail from college or governmental agencies.
For more information please see:  http://www.cyberdriveillinois.com/publications/pdf_publications/dsd_x173.pdf.

Halt to DREAMers deportation!

The Obama administration announced deportation halt for DREAMers citing the need to allocate enforcement resources to "high priority cases" rather than individuals who came to United States as children with no "intent to violate the law."

Who are the DREAMers?

• arrived in the U.S. under the age of 16
• present in the U.S.  since at least June 15, 2007
• under the age of 30
• currently in school, graduated fro high school, obtained a general education development certificate, discharged veteran of the Coast Guard or Armed Forces
• have not been convicted of a felony offense or a significant misdemeanor offense

How the DREAMers can benefit?

1. Individuals with Pending Removal Cases

• ICE should exercise discretion on individual basis by deferring action for 2 years
• Implementation process will start on August 14, 2012

2. Individuals NOT in Removal Proceedings

• USCIS will create a process for exercising discretion on individual basis by deferring action for 2 years for applicants who are at least 15 years old
• USCIS will accept applications from individuals with final order of removal regardless of their age
• Implementation process will start on August 14, 2012

The DREAMers will be able to apply for the work authorization once the deferred action is granted.
It is imported to note, however, that, the benefits will be granted for two years, and no permanent immigration status will be conferred on the  DREAMers.

Cook County Says NO to ICE Detainers

Last Wednesday, September 7, 2011, the Cook County Board of Commissioners passed an ordinance stating that the “Sheriff of Cook County shall decline ICE detainer requests unless there is a written agreement with the federal government by which all costs incurred by Cook County in complying with the ICE detainer shall be reimbursed.”  The ICE detainers are simply requests asking local law enforcement officials to hold the individuals scheduled to be released for additional 48 hours in order for ICE to arrange custody transfer.  The document indicates that it costs Cook County approximately $43,000 per day to hold individuals “believed to be undocumented.”  ICE can issue detainers before a finding of probable cause and many times individuals subject to detainers do not have any criminal history.  Sometimes even citizens of United States are held up in custody without probable cause.  Furthermore, individuals in custody are not provided any type of advance notice that there is an ICE detainer lodged against them.  

The ordinance will apply to anyone charged with a misdemeanor or a felony who either posts their bond or has their case adjudicated.

Contact
For questions and/or to arrange a consultation , please call (312) 238-9060 or send me an e-mail at edyta@salatalaw.net

Disclaimer
The materials contained in this website serve informational purposes only and are not legal advice.