Applicants for Deferred Action for Childhood Arrivals (DACA) may travel outside the United States upon I-131 Advance Parole approval
Individuals who have been approved for Deferred Action for Childhood Arrivals (DACA) may be able to travel abroad pursuant to humanitarian, educational or employment based reasons, if that individual files and obtains an approval for Form I-131, Application for Travel Document ($360 government fee currently). Please note that there are important considerations that such individuals should be aware of, for example, the I-131 Advance Parole should be approved before an applicant may leave the U.S. and those with immigration court proceedings have special requirements that must be investigated.
Texas Governor Rick Perry calls Deferred Action for Childhood Arrivals a “slap in the face to the rule of law”, asks Texas Agencies to ignore the program
Governor Rick Perry – Photo by Ed Schipul
Texas Governor Rick Perry indicated his belief that President Obama’s Deferred Action for Certain Childhood Arrivals amounted to a “slap in the face to the rule of law”. Gov. Perry has asked Texas Agencies to ignore the program:
11th U.S. Circuit Court of Appeals opens door for State Law Enforcement to check immigration status of suspects in Alabama, Georgia
The Associated Press reports that while certain provisions within Alabama and Georgia’s state enforcement laws have been rejected by the 11th U.S. Circuit Court of Appeals, law enforcement officers in Georgia may in fact check the immigration status of criminal suspects who do not hold acceptable identification documents. Similarly, law enforcement officers in Alabama may check the immigration status of suspects, but the Court ruled that public schools may not verify the immigration status of students.
“The court today rejected many parts of Alabama and Georgia’s anti-immigrant laws, including attempts to criminalize everyday interactions with undocumented immigrants and Alabama’s callous attempt to deprive some children of their constitutional right to education,” [American Civil Liberties Union lawyer Omar Jadwat] said in a statement. “The court explicitly left the door open to further challenges against the `show me your papers’ provision, which we will continue to fight.”
CBP Discontinues Stamping Form I-20 At Ports of Entry
NAFSA has issued an alert that Customs and Border Protection will no longer stamp I-20s at ports of entry (POEs). USCIS is reaching out to other agencies, such as the DMV, to inform them of the change, since many agencies require the I-20 stamp prior to granting benefits.
Tens of Thousands line up to obtain information on Deferred Action program
A New York Times article discussing the large crowds waiting to obtain information on President Obama’s Deferred Action program. The size of the crowds apparently surprised both volunteers and immigration officials.
“Tens of thousands of young illegal immigrants waited excitedly in lines as long as a mile and thronged to information sessions across the country on Wednesday, the first day that a federal immigration agency began accepting applications for deportation deferrals that include permits to work legally.”
CBP Discontinues Stamping Form I-20 At Ports of Entry
NAFSA has issued an alert that Customs and Border Protection will no longer stamp I-20s at ports of entry (POEs). USCIS is reaching out to other agencies, such as the DMV, to inform them of the change, since many agencies require the I-20 stamp prior to granting benefits.
USCIS Publishes Forms for Consideration of Deferred Action for Childhood Arrivals
VIA USCIS
Individuals may begin filing tomorrow
Released Aug. 14, 2012
WASHINGTON— Today, U.S. Citizenship and Immigration Services (USCIS) submitted a Federal Register notice announcing new forms and instructions to allow individuals to request consideration of deferred action for childhood arrivals from USCIS. USCIS will begin accepting completed forms tomorrow , August 15, 2012. On June 15, Secretary of Homeland Security Janet Napolitano announced that certain people who came to the United States as children and meet other key guidelines may request, on a case-by-case basis, consideration of deferred action.
Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children
Read DHS Secretary Napolitano’s Memo on Deferred Action
Deferred Action Process for Young People Who Are Low Enforcement Priorities
VIA USCIS.GOV
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Over the past three years, this Administration has undertaken an unprecedented effort to transform the immigration enforcement system into one that focuses on public safety, border security and the integrity of the immigration system. As DHS continues to focus its limited enforcement resources on the removal of individuals who pose a danger to national security or a risk to public safety, including aliens convicted of crimes, with particular emphasis on violent criminals, felons, and repeat offenders, DHS will move to exercise prosecutorial discretion to ensure that enforcement resources are not expended on low priority cases, such as individuals who were brought to this country through no fault of their own as children, have not been convicted of a felony offense, a significant misdemeanor offense, or multiple misdemeanor offenses, and meet other key criteria. |
Attorney Sharma defends client who was wrongly accused of being a ‘terrorist’ and barred from entering the United States
Attorney Sharma and our client were interviewed by Channel 4 News yesterday. Our client’s Afghan husband has been wrongly deemed permanently inadmissible to the U.S. under the Terrorism Related Inadmissibility Grounds section in the INA, the same overbroad regulation that many innocent individuals have been unjustly subject to.
For example: an asylee from Burundi was considered a terrorist under this regulation, and jailed for 20 months by the U.S. because he was found to have financially supported the Rebel group that robbed him of $4.00 and a bagged lunch. For fighting against Apartheid, Mr. Nelson Mandela was subjected to this regulation and had to be granted a waiver to enter the U.S. by the then Secretary of State Condoleezza Rice.
Attorney Sharma will be filing an exemption for our client’s husband with the offices of the Secretary of State Hillary Clinton, Secretary of the Department of Homeland Security Janet Napolitano and/or U.S. Attorney General Eric Holder. Our exemption will petition the highest levels of our government to review this case again, and approve an admission to the U.S. if no adverse grounds are discovered.
INFORMATION ON PRESIDENT OBAMA’S RECENTLY ANNOUNCED DEFERRED ACTION PROGRAM ENABLING LEGAL STATUS FOR CERTAIN YOUNG IMMIGRANTS
Jacksonville, FL – Immigration lawyer Ashwin Sharma welcomed the Administration’s recent announcement that younger immigrants may be eligible for “Deferred Action” and work authorization. The policy will grant qualified immigrants the opportunity to live free from fear of deportation and allow them to work legally. This is an exciting new development which brings hope to immigrants and their families. It is not, however, a permanent fix and does not grant permanent legal status to anyone.
To qualify, an individual must:
Attorney Ashwin Sharma interviewed on H-1B visas by Matt O’Brien of the San Jose Mercury News
“H-1Bs are a good indicator of how the economy is doing,” said Florida immigration lawyer Ashwin Sharma. “You only hire an IT consultant when there’s work available, and it’s work that has to be estimated six months in advance. If companies are taking that risk, there’s a belief that the economy is back and there’s money to be made.”
The U.S. Immigration Law Blog by Ashwin Sharma 
Attorney Sharma’s interview with Channel 4 news on President Obama’s new Deferred Action Process for Certain Young People
Individuals who demonstrate that they meet the guidelines below may request consideration of deferred action for childhood arrivals for a period of two years, subject to renewal, and may be eligible for employment authorization.
You may request consideration of deferred action for childhood arrivals if you: