DREAM ACT DEFERRED ACTION UPDATE; PLEASE BE CAREFUL OF POTENTIAL FRAUD BY SO-CALLED "NOTARIOS"

EN ESPANOL: http://www.dhs.gov/ynews/espanol/20120615-napolitano-anuncia-proceso-de-accion-diferida.shtm

Immigration lawyers around the United States 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 exciting new development brings hope to immigrants and their families. It is not currently a path to a Green Card or Citizenship, nor does it grant permanent legal status to anyone.  It will also not extend to family members – everyone must qualify on his or her own.

To qualify, an individual must:

• have arrived in the U.S. when they were under the age of sixteen;
• have continuously resided in the U.S. for at least five years prior to June 15, 2012 and have been present in the U.S. on June 15, 2012;
• currently be in school, have graduated from high school, have a GED, or be an honorably discharged veteran of the U.S. Coast Guard or the U.S. Armed Forces;
• not have been convicted of a felony offense, a "significant misdemeanor offense," three or more non-significant misdemeanors, or otherwise pose a threat to national security or public safety; and
• have been under thirty-one years old on June 15, 2012

The deferred action offer will be available to those in proceedings, those with final removal orders, as well as to those who apply affirmatively.

The Administration is not yet accepting applications for this action. Within sixty days - by the middle of August - the Administration expects to issue guidance and information about how eligible individuals can request deferred action and work authorization.

If you are NOT IN REMOVAL proceedings, DO NOT apply for deferred action at this time. Unfortunately, this policy may open the door for fraud and deception by so-called "Notarios." In the United States, notarios have no legal background and cannot legally practice law or represent you.

Further, anyone claiming they can submit an application or charging a fee for applying for deferred action should NOT be trusted until the process has been announced by the federal government. An immigrant's case can be delayed by notarios acting in bad faith, resulting in penalties and even deportation.

Do not endanger your chance to qualify for this action and make sure to contact a licensed attorney for more information on applying for deferred action. If you believe you are eligible for deferred action, you may contact Ryvin Wallace Group by calling our Washington DC office (703) 531-0790, or San Francisco CA office (415-765-0679).

After the jump, please read what we expect to happen in the coming weeks, more early analysis, and key Department of Homeland Security Memo and FAQs.

FY2012 Visa Bulletin Predictions: Forward movement through March, steady for summer then possible retrogression

On the 23 JAN 2012 the American Immigration Lawyers Association (AILA) posted notes from a discussion with Charlie Oppenheim of the Visa Office about visa demand in the employment preference categories, and predictions for the FY2012 Visa Bulletin.

Please find notes including FY 2012 predictions from that discussion following the jump.

SF immlawyr Q & A: I-539 application basics (being in status at the time of filing the change or extension of status)

Question:  Foreign national is in H-1B status with I-94 expiring in June 2012. Spouse has indepedant L-1A status.  I-129 H-1B extension pending with USCIS.  Foreign national is asking RWG - in case H-1B extension is rejected, can he change status to L-2 (dependent of L-1A) without having to leave the United States?

RWG Answer:  Possibly. 

When reviewing your I-539 change of status (from H-1B to L-2) USCIS will want to know if you were IN VALID H-1B STATUS at the time you filed the I-539 application.

In order to be in valid H-1B status, you must be working for the employer pursuant to an unexpired I-94.   If not, USCIS can take the position that at the time of filing the request to change status, you were not in status, and deny the request (to change status in the US). 

Basically, USCIS is saying to CHANGE status, you have to BE IN status first.  

In your scenario let's assume you are in the US, your I-94 expires, then your H-1B is rejected. You then file the I-539 (asking for a change from H-1B to L-2). This request is unlikely to be granted because you were not maintaining valid H-1B status when you filed the I-539. Note under this scenario you would be acruing unlawful presence.

Alternatively, let's assume your H-1B is rejected, and then you file the I-539 before your H-1B I-94 expires and while you are still working for the employer.  This should BE approved, since despite getting the extension rejected, you were maintaining valid status at the time of filing the I-539.

Note that premium processing might be useful if you want a fast answer on the H-1B extension; and you should - if you haven't already done so - inform yourself with respect to getting the L-2 by applying for a visa abroad and entering pursuant to that visa.  

I realize you prefer to avoid leaving the US, but it might become a reality; and just in case you don't already know, L-2 USCIS approval is NOT a pre-requisite to applying for an L-2 visa stamp at a US Consulate abroad.

Good luck and don't hesitate to contact us if you need assistance. 

In Honor of Dr. Martin Luther King Day

AIC (American Immigration Council) on How to Write a J-1 Training Program