Lawsuit Against DACA Administration

August 28, 2012 § Leave a comment

The President Obama’s Deferred Action for Childhood Arrivals (DACA) programme turned into a hot election issue according to an advisor to Mitt Romney who launched a lawsuit against these issues. Also Kris Kobach, an advisor to the Romney campaign on immigration have filled a lawsuit against Administration claiming that DACA made it impossible for them to do their jobs.

The Obama’s new decision DACA was introduced last week, allows illegal immigrants to stay away from deportation for two years with work permit.

The DACA programme is not allowing agents to do their jobs and they are duty bound, by federal law, to detain and verify illegal immigrants but federal appointees are restricting them to do so.

They also argue that the DACA programme “unconstitutionally usurps and encroaches upon the legislative powers of Congress.”

The lawsuit claims that laws can be made by Congress in the US. So for political reason President has introduced DACA program to attract votes from the Hispanic community. Many of Undocumented young immigrants belong to Hispanic ethnicity, the Republicans point out.

Mr Kobach told Fox News yesterday that “the Obama administration has ordered federal law enforcement agents to break the law, to ignore the laws that they’re supposed to enforce and, in the case of the ICE officers, to actually break federal laws that say you’re supposed to deport certain people. And in each case, the Obama administration seems to be doing so for political reasons.”

At present, Polling suggests that Obama has more support that is 63% compared to Romney’s Republicans have 28% Hispanic support.

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Questioning Obama’s New Administration Policy

August 26, 2012 § 1 Comment

The President Obama’s new administration policy to provide security against deportation faced by undocumented immigrants who entered US as children and stayed in US for 5 years with good academic or military records.

Doebler and nine other ICE agents launched a lawsuit against Obama’s new policy and they argue that this policy made it impossible for them to do their job.

Roy Beck, an advocacy group for more restrictive immigration that is bankrolling the lawsuit told CNN on Friday about goal of lawsuit is to force a court to check whether the new administration policy is legal. Beck also said that we wouldn’t be pleased if it is legal adding, we also strongly believe that President doesn’t have rights to this.

According to Pacheco, the political director of United We Dream Obama’s new policy is a political plan to get more votes in election time.

“I can’t imagine any judge would even give them standing to file the case, much less decide it on the merits,” Toobin, CNN senior legal analyst said. “I am unaware of any law that allows federal employees to challenge the legality of the actions of their superiors.”

According to the lawsuit, Doebler “arrested an alien who was unlawfully present in the United States and issued the alien an NTA (notice to appear), contrary to the general directions of his supervisors that he should decline to issue NTAs to certain illegal aliens.”

Obama made clear that the new policy for undocumented young immigrants was intended to be a temporary step until Congress comes up with new law that considers this situation.

Undocumented Immigrants Granted With Driver License

August 24, 2012 § Leave a comment

Few years ago, undocumented immigrants who knew driving and had passport identity would easily get license by states. This was supported by many leading law enforcement officials and decided to keep it away from the immigration issue. This policy was in a state until 9/11 but 9/11 affected rights or privilege extended to undocumented immigrants and process of getting driver’s license became difficult.

But now Obama has come up with new decision to grant driver’s license to undocumented immigrants with the right to remain in United States for two years without the threat of deportation. About 400,000 undocumented immigrants are getting benefited to stay in United State without fear.

With continuous approach of California Gov. Jerry Brown and has spoken against changing the law to allow undocumented immigrants to get driver’s licenses.

“At the end of the day, it’s a state-issued document, and the state has the authority to determine who is eligible for that document,” said Iran Grossman, vice president of the American Association of Motor Vehicle Administrators, in an interview with CNN.

California has already laid the groundwork to issue the driver’s license to member of deferral program so President along with California should be congratulated.

The U Non Immigrant Visa

August 23, 2012 § Leave a comment

The U non immigrant visa was created under the Victims of Trafficking and Violence Protection Act (including the Battered Immigrant Women’s Protection Act) during the last decade in October 2000. This was passed to strengthen the ability of law enforcement agencies to investigate and prosecute cases of domestic violence, sexual assault, trafficking of aliens and other crimes. It also protects victims of crimes who have suffered substantial mental or physical abuse because of the crime and are willing to help law enforcement authorities in the investigation or prosecution of the criminal activity. The legislation also helps law enforcement agencies to better serve victims of crimes.

You may qualify for a U non immigrant visa if you

  • are the victim of criminal activity.
  • suffered lot of physical or mental abuse as a result of having been a victim of criminal activity.
  • have information about the criminal activity. If you are under the age of 16 or not able to give information because of a disability, your parent, guardian, or next friend may have the information about the crime on your behalf.
  • were of help, are helpful, or are likely to be of help to law enforcement in the investigation or prosecution of the crime. As stated earlier, if you are under the age of 16 or not able to provide information because of a disability, a parent, guardian, or next friend may assist law enforcement on your behalf.
  • The crime occurred in the US or violated US laws
  • are admissible to the US. If you are not admissible, you can apply for a waiver on a Form I-192, Application for Advance Permission to Enter as a Non-Immigrant.

To petition for a U visa, you have to submit Form I-918, Petition for U Nonimmigrant Status and Form I-918, Supplement B, U non immigrant Status Certification, on which a law enforcement official confirms that you were or will likely be helpful in the prosecution of the case. In addition, you have to submit a personal statement describing the criminal activity of which you were a victim and proof to establish each eligibility requirement.

Using Citizenship Form In Becoming US Citizen

August 19, 2012 § 2 Comments

To become US Citizen one must meet certain requirements. You can become US Citizen by birth or after birth.

To become US Citizen at birth:

• You must be born in the United States and subject to the jurisdiction of the United States

• You must had a parent or have a parents when you born with Citizenship

To become US Citizen after birth:

•You must apply for citizenship through including naturalization

Green Card is an important step in the way of getting US Citizenship and it allows immigrants to live and work in the United State without time restriction. Green Card subjected for renewal every 10 years.

Once you get Citizenship, you can enjoy all the rights and privileges like any other American Citizen.

The Requirement to get American Citizenship as per the law:

• You must be stayed in America for a minimum of 5 years (3 years for marriage based) as a permanent resident and if any absences shouldn’t be more than year.

• You should be 18 years old and should be of good moral character.

• You must have knowledge in English language and able to speak, write, read.

• You must be able to understand and demonstrate the knowledge of history and government of America.

• You should prove that you are attached to the American Constitution’s principles and must take oath of allegiance.

To apply for Citizenship, you must file the Form N-400, Application for Naturalization with the USCIS. You need to send this application through mail with required document and the application fee $595 to the Application Service Centre serving their area. To avoid rejection, application fee need to send along with your Naturalization application, information on application to be correct according to your knowledge.

Either you can pay the fee through cheque or money order drawn on a U.S bank and payable to the Department of Homeland Security.  Those who reside in Guam should make the fee payable to the “Treasurer, Guam” and US Virgin Islands residents should make the fee payable to the “Commissioner of Finance of the Virgin Islands.”

The Application $595 is not included for Fingerprinting fee which include your photograph and signature. If all the required documents are sent properly with the fee, you will be informed to appear for fingerprint process and also you should attend interview. Most of the Naturalization applicant as a part of the application process must take an English and Civics (US history and government) tests. Depending on your performance in the English and Civics test and completeness of the application, decision will finalised. Depending on age and health factors, some applicants can claim a waiver for the tests.

Path for Undocumented Alien Must be Smoothened

August 19, 2012 § Leave a comment

Approximately 50.5 million Lations are living in United States according to US Census Bureau. Presidential election during November will be very crucial for both the candidate. With this new Deferred Action in place its win-win situation for Barack Obama, close relative of Lations who illegally staying in US will surely pick Obama for uniting the family.

The ultimate goal must be to ensure a better quality of life for those in the undocumented community who work, almost always, in low-wage, unsafe and unsupported environments. Putting aside President Obama’s immigration failings, the possibility of Mitt Romney becoming president should only serve to terrify the Latino community. Former White House adviser Van Jones recently told CNN, “He cannot hug and kiss the tea party and then try to hug and kiss the Latino community.”

Republican presidential candidate Mitt Romney, have not committed anything on the improving the immigration issues. Next president can only help end the fear of undocumented immigrants, whether the deportation or the legal status. First and the fore most things the president must do try change the term ‘illegal aliens’, which might not be the right term to discuss people even with legal status.

Very few American live very hard life as of undocumented Lations live without eating, walking on, wearing forged to work. Many have given employment for many Americans; they also work for US Economy.

Asylum Process in the United States

August 14, 2012 § Leave a comment

There two ways to get asylum status in US. Affirmative process and Defensive process are the two ways. From past five years US has become top receiving country for asylum seekers.

To apply for asylum, applicants have to apply within one year of arriving in the US and physically present in the United States under  the ”Affirmative Asylum” process. By submitting the Form I-589, application for Asylum and for Withholding of Removal to USCIS one can get the affirmative asylum. And can live in the United States while your application is pending before USCIS and also can remain in the United States if you found ineligible.

To apply for “Defensive Asylum” Processing, you must be in removal proceedings in immigration court with the Executive Officers for Immigration Review (EQIR). Asylum seekers will receive the receipt once their application is received by US Citizenship and Immigration Services (USCIS) and they should visit their nearest Application Service Centre for fingerprint.

Once the fingerprinting is done, asylum seekers will receive interview notice within 21 days and also applicants must receive interview notice within 45 days from the date they are filed. Before asylum officer reviews the case, applicant must made decision on the case within 180 days of the application being filed and their decision is further reviewed by a supervisor. These reviews will be undertaken by the senior staff. Applicants should expect to receive a decision on their case within the 60 days of submitting their form.

After the review, if application is rejected the asylum seeker will receive a “Notice of Intent to Deny” with 16 days time to respond to the court. If no response from the applicant, final denial is issued and applicant is removed from the US.

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