LATEST NEWS ON IMMIGRATION: DACA PROGRAM will be phased out.

On 09/05/17, DHS announced a phase out of the program known as Deferred Action for Childhood Arrivals (DACA). DHS will provide a limited, six-month window during which it will consider certain requests for DACA and applications for work authorization.

For more information, read: 2017 DACA Frequently Asked Questions (DHS) ; 2017 DACA Fact Sheet (DHS)

During this phase out, individuals who currently have DACA will be allowed to retain both DACA and their work authorizations (EADs) until they expire. Additionally, USCIS will adjudicate, on an individual, case by case basis:

  • Properly filed pending DACA initial requests and associated applications for employment authorization documents (EADs) that have been accepted as of Sept. 5, 2017.
  • Properly filed pending DACA renewal requests and associated applications for EADs from current beneficiaries that have been accepted as of 09/05/2017, and from current beneficiaries whose benefits will expire between Sept. 5, 2017 and March 5, 2018 that have been accepted as of Oct. 5, 2017.

Individuals who have not submitted an application by Sept. 5, for an initial request under DACA may no longer apply. USCIS will reject all applications for initial requests received after Sept. 5. 

Additionally, as of 09/05/2017, applications for Advance Parole will no longer be accepted by DACA individuals.

Call Patel Law PLC, Phoenix Immigration Attorney, to discuss your DACA status. For a consultation, call: (602) 266- 2169.

 

{ 0 comments }

November 20, 2014—

Due to the outbreak of Ebola virus disease in West Africa, Secretary of Homeland Security Jeh Johnson has announced his decision to designate Liberia, Guinea, and Sierra Leone for Temporary Protected Status (TPS) for 18 months.  As a result, eligible nationals of Liberia, Guinea, and Sierra Leone who are currently residing in the United States may apply for TPS with U.S. Citizenship and Immigration Services (USCIS). The Federal Register notices provide details and procedures for applying for TPS and are available at www.uscis.gov/tps.

The TPS designations for the three countries are effective Nov. 21, 2014 and will be in effect for 18 months. The designations mean that eligible nationals of Liberia, Guinea, and Sierra Leone (and people without nationality who last habitually resided in one of those three countries) will not be removed from the United States and are authorized to work and obtain an Employment Authorization Document (EAD). The 180-day TPS registration period begins Nov. 21, 2014 and runs through May 20, 2015.

To be eligible for TPS, applicants must demonstrate that they satisfy all eligibility criteria, including that they have been “continuously residing” in the United States since Nov. 20, 2014 and “continuously physically present in” the United States since Nov. 21, 2014.  Applicants also undergo thorough security checks.  Individuals with certain criminal records or who pose a threat to national security are not eligible for TPS. The eligibility requirements are fully described in the Federal Register notices and on the TPS Web page at www.uscis.gov/tps

For more information about TPS and to see if you are eligible, please contact our Phoenix Immigration Attorneys at: (602) 266-2169.

{ 0 comments }

On November 20, 2014, President Obama annouces executive action on Immigration Reform.

These initiatives include:

  • Expanding the population eligible for the Deferred Action for Childhood Arrivals (DACA) program to young people who came to this country before turning 16 years old and have been present since January 1, 2010, and extending the period of DACA and work authorization from two years to three years | Details
  • Allowing parents of U.S. citizens and lawful permanent residents who have been present in the country since January 1, 2010, to request deferred action and employment authorization for three years, in a new Deferred Action for Parental Accountability (DAPA) program, provided they pass required background checks | Details
  • Expanding the use of provisional waivers of unlawful presence to include the spouses and sons and daughters of lawful permanent residents and the sons and daughters of U.S. citizens | Details
  • Modernizing, improving and clarifying immigrant and nonimmigrant programs to grow our economy and create jobs | Details
  • Promoting citizenship education and public awareness for lawful permanent residents and providing an option for naturalization applicants to use credit cards to pay the application fee | Details

These initiatives have not yet been implemented, and USCIS is not accepting any requests or applications at this time. Beware of anyone who offers to help you submit an application or a request for any of these actions before they are available. You could become a victim of an immigration scam.

Call Patel Law PLC and speak with an experienced Phoenix Immigration Lawyer to see if you will be eligible for benefits under the proposed Immigration Action announced by Obama. To set up a free consultation, call Phoenix Immigration Attorney at: (602) 266-2169.

{ 0 comments }

Last week, the 9th Circuit Court of Appeals upheld the preliminary injunction against 4 sections of Arizona SB 1070.  The legality of the four distinct provisions of SB 1070  at issue, each involved the same basic question: whether its enactment was “preempted” by federal law and therefore prohibited under the Constitution.  The Ninth Circuit found each provision explicitly conflicted with, or created an obstacle to the enforcement of, federal law.

  • Section 2(B). The court first upheld the injunction against the infamous provision requiring state police to check the immigration status of all individuals in custody and of any person stopped in public whom officers “reasonably” suspect of being in the country illegally. As we  previously speculated, the Ninth Circuit found the provision preempted by the same law responsible for the controversial 287(g) program. In a happily ironic twist, the court held that the existence of the program—which allows local police to enforce immigration laws under federal supervision—bars states from turning their officers into freelance immigration agents.
  • Sections 3 and 5(C). The court also upheld the injunction against two provisions whose legality was always considered dubious—one making it a state crime to fail to carry immigration papers, the other to work (or even solicit work) without federal authorization. All three members of the court found these provisions unconstitutional because Congress left no room for states to regulate the carrying of federal immigration documents, and because Congress decided to penalize employers, not employees, for the hiring of undocumented workers.
  • Section 6. Finally, the Ninth Circuit upheld the injunction against the provision authorizing state police to arrest noncitizens for any prior offense that could trigger deportation from the country, even if prosecutors previously declined to bring charges. In so doing, the court rejected Arizona’s argument that state police have “inherent authority”  to arrest persons for being unlawfully present in the United States. As the court acknowledged, a decision of the neighboring Tenth Circuit reached a different conclusion, increasing the odds that the challenge to SB 1070 will reach the Supreme Court.

{ 0 comments }

Arizona Senate rejects 5 anti-immigration bills in one day last week, after sixty chief executives signed a letter to the Legislature saying the harsh immigration measures were having “unintended consequences”. The letter cited unintended consequences to include boycotts, lost jobs, canceled contracts,  and publicity so bad that businesses with Arizona in their names were suffering.  Glenn Hamer, chief executive of the Chamber of Commerce and Industry, said the reaction to Arizona’s anti-immigration bills had already cost the state $15 million to $150 million in lost tourism revenue.  

Read more at: http://www.nytimes.com/2011/03/22/opinion/22tue3.html

{ 0 comments }

Many people when filing for Chapter 7 or Chapter 13 bankruptcy fail to consider whether a portion, if not all, of their tax refund belongs to the bankruptcy estate. General rule is that the day you file for bankruptcy, all of your assets, including your tax return, unless exempt is considered to a part of the bankruptcy estate.

General Rule on Tax Returns and Bankruptcy: Local custom of Bankruptcy Courts and Trustees may vary, but generally the part of the tax refund that belongs to the bankruptcy estate is the part that was accrued before the date that you filed for bankruptcy. For example, if you file for bankruptcy on December 30th, the bankruptcy estate includes 364/365ths  of the income tax refund for that year. If someone files on February 1st , the entire yet to be received refund for the previous year can be considered part of the bankruptcy estate, as well as the 1/12th of the refund for the year of filing.

Not understanding this issue before filing for bankruptcy could become a problem. It is important to consider this issue as well as the implication of filing bankruptcy as it relates to your other assets before filing. Speaking with an experienced bankruptcy attorney can help you better plan prior to filing a Chapter 7 and Chapter 13 Bankruptcy. For example, if a filer is expecting a big return, some attorneys will delay the bankruptcy filing until the filer has received their refund and spent it on necessities. In many situations, the filers use the tax refund for the purposes of paying for the filing expenses and attorney’s fees. 

Call for a Free Consultation Today: 602.266.2169.

*The information provided in this web site is for general information purposes only and must not be regarded as legal advice. The law changes periodically and we make no representations that any of the information is accurate. You are not to make any inference from this website that our firm represents you or would be able to represent you; or that the information contained herein applies to your specific circumstances. You must seek legal counsel to ascertain your rights and obligations.

{ 0 comments }

Don’t become a victim of dishonest immigration consultants often known as “notarios.” Immigration consultants, notary publics, and notarios cannot represent you in the immigration process. These people—especially notarios—prey on immigrants, often from the same ethnic community as the notarios themselves. Often Notarios or Document Preparers do not understand the legal requirements under Immigration Law, and by failing to do so, prevents or delays favorable approval of immigrant benefits. Don’t be a victim to Notario Fraud.

Read more here about the steps you can take to stop Notario Fraud at: http://www.stopnotariofraud.org/

{ 0 comments }

Arizona lawmakers this week filed four bills for consideration effecting how U.S will recognize children of illegal immigrants.  At issue, of course, is the 14th Amendment provision that “all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” The Arizona legislation aims to get a court to rule that a child born in the U.S. is a citizen only if either parent is a U.S. citizen or legal immigrant. 

Senate Bill 1309 defines an Arizona citizen as someone “lawfully domiciled” in Arizona who is born in the U.S. and is “subject to the jurisdiction thereof.” It defines individuals who are subject to the jurisdiction of the U.S. as children who have at least one parent who is a U.S. citizen, a U.S. national or a legal permanent U.S. resident. House Bill 2562 and Senate Bill 1308 would require Arizona to create separate birth certificates for children who are deemed to be Arizona citizens under House Bill 2561 and those who are not. It also seeks permission from Congress to form compacts with other states doing the same thing.

 Read more: http://www.azcentral.com/news/election/azelections/articles/2011/01/27/20110127arizona-birthright-bills-introduced.html#ixzz1D1VVxOUZ

{ 0 comments }

Despite the grant of an injunction blocking parts of the Arizona trailblazing law,  at least 15 state legislatures are considering measures modeled after provisions of SB1070 that made Arizona the first state to allow police to question the immigration status of anyone they suspect is in the country illegally. In July 2010, a U.S. district judge granted the Obama administration’s request for an injunction blocking parts of the trailblazing law, which raised many legal questions, including whether local officials can legally enforce federal immigration law and whether such local enforcement could lead to unconstitutional racial profiling.

An  article  from MSNBC highlights the legislation proposed in at least 15 other states, all modeled after Arizona SB1070.

{ 0 comments }

Bankruptcy Basics

by Chhayal on January 5, 2011

The US Courts website has an informative series of pages on bankruptcy entitled:

backruptcy_basics_logo

{ 0 comments }