Showing posts from August, 2013

What happens if I lie on immigration forms?

I have already highlighted cases of DREAMers who lied under oath but were approved for DACA and others who were approved despite submitting fake documents to USCIS .  Nobody knows how this happened, but I am also aware of one DREAMer approved with more than three misdemeanors even though he was not eligible.  We all know that like any other bureaucracy, USCIS does not attract the best talent, employees are overworked and poorly paid, and there is a lot of pressure on them to approve applications fast.  That is how things fall through the crack and I am sure each one of you have stories of immigrants who should not have been able to ever legally enter the United States are actually now naturalized citizens and continuing their fraudulent ways in other areas.   Now if you are tempted to lie on your application to the USCIS in order to get approval or to hide a piece of information by providing even false evidence , you should think again.  While so many fraudsters get approved,

Deferred Action for parents of DREAMers

With comprehensive immigration reform all but dead, President Barack Obama is starting to act on his own by providing immigration relief to undocumented aliens.  His highly successful Deferred Action for Childhood Arrivals (DACA) program enabled about half-a-million young DREAMers a work permit, a valid SSN, and immunity from deportation .  It is expected that like the TPS program, this will be renewed indefinitely and even a Republican president may not have the guts to cancel.  The president is also encouraging undocumented aliens to cross the Mexican border and immediately seek asylum using the drug violence in Mexico and Central America as an excuse.  The Administration has also declared that those immigrants who are using fraudulent SSN or green cards will not be prosecuted for working illegally or for identity theft .  Now, in another excellent news for unauthorized immigrants if they have children of their own or if they take care of children of someone else (and these kids ca

Likely reasons for extremely long delays in DACA approvals

Those DREAMers who have been waiting forever for DACA approval must not lose hope as long as they are eligible , completed the application accurately , provided all the evidence, and have a background that makes them eligible .  However, we maybe learning about some of the causes for delays of even over a year in approvals.  In evidence compiled by ACLU, Muslims are being targeted for greater scrutiny when it comes to approving applications.  There is no reason to believe that people of other faiths may also be targeted as long as there are national security concerns (the program is called Controlled Application Review and Resolution Program and does not mention Islam or terrorism and that is why it is fair to conclude that drug crimes or money laundering or cyber-crimes might be on the list).  It does not mean that you need to be a terrorist yourself to be targeted, but here are some of the things that can jeopardize your application: Being born in a country with terrorism.  Visits

No prosecution for illegal employment or identity theft

We have already seen that many DREAMers who worked illegally using fraudulent documents or identity fraud (which are serious crimes under US law) were approved for DACA .  Legal experts concluded that without declaring so, the Obama Administration has essentially decided not to treat these as criminal actions by undocumented aliens ( US citizens, however, will continue to be prosecuted for the same crimes ).  We are now learning that this might very well be official policy, just not made public in a memo yet, because it will upset Americans and Republican politicians. How did this come about?   Recently Danny's Family Carwash in Phoenix, AZ was raided by ICE, and except for a few staff members, all the rest were unauthorized workers who are in the country illegally .  While the illegal workers were arrested, they were all freed and will not be prosecuted or deported.  The comments by ICE spokesperson, Barbara Gonzalez, gave a hint of how the Obama Administration plans to deal

Deferred Action for all DREAMers and other immigrants

When the president announced DACA he excluded many DREAMers but now with Comprehensive Immigration Reform all but dead, there is some promising news that Obama will declare a program similar to DACA for all undocumented immigrants .  It is expected that to get maximum political benefit the president will wait just as the 2014 midterm elections campaigning heats up, so I expect that it will be finalized around June 2014 and then applications will be accepted around August of next year. What is the eligibility requirement? Like the DACA program , you cannot have felonies on your criminal record , though, up to three misdemeanors will be allowed.  You will also need to show continuous presence for the approximate period of 2009~2014 and prove strong ties to the United States in form of employment, education or raising a family.  Parents of legal US residents (citizens, permanent residents, other legal status), parents of disabled family members, individuals who fear violence if the

How to legally cross US border to seek asylum?

It seems that the Obama Administration is now encouraging DREAMers and other aliens to legalize their status through political asylum loophole because it is almost certain that Comprehensive Immigration Reform is dead.  For those of you who are risk takers and have the courage to do it, this is a very short window of opportunity to enter the United States legally , get a work permit , driver's license, and eventually a green card .  As already explained previously, it would be best to hire an excellent attorney to make the process go smoothly, but there are reports that immigrants who speak no English at all have been legally admitted into the United States after saying just the password "credible fear."  Basically this is a legal term that you have genuine fear of being persecuted or tortured either by a government or gang or group (e.g. if you are in a Catholic country and want to become a Protestant Christian you can even claim credible fear of persecution by fellow

Should DREAMers self deport to legalize?

As you are aware, many DREAMers have exploited a loophole in advance parole to erase the EWI black mark on their immigration record .  The actions of DREAM9 have also shown that Obama Administration is hinting that asylum is an option if you do not have a case.  So is it legally advisable for DREAMers to consider self deportation, and then file a petition for asylum in the United States.  Clearly, if the United States Government thinks that Mexico is torturing and persecuting its own citizens just because of their ties to the United States, things in Central America are similar to war. For whom self deportation is an option?   Clearly, if you were deported and are stuck in your native country , there is nothing to lose by trying to seek asylum in the US by essentially preparing the paperwork and showing up at a land crossing in Mexico.  Similarly, for those undocumented immigrants who came after the cutoff date for RPI status or do not have the documentation to support their prese

How to erase record of my fake SSN?

Most working age DREAMers have used a false Social Security number in the United States to live their lives allowing them to attend college , open bank accounts, get credit cards , apply for car loans/mortgages, work, and even file taxes (incidentally, all of these are serious identity theft crimes and often felonies punishable by years in jail and even deportation, if caught).  With the help of DACA, many DREAMers now have valid Social Security numbers but looks like the weight of a fraudulent SSN is hanging around their necks.  Even if they leave their current jobs (where it is nearly impossible to switch fake SS# ) and start new ones, the paper trail with old number is too huge.  For instance, school/college transcripts cannot be updated with new numbers.  Going to a bank and trying to modify the SSN will actually trigger a fraud investigation by the bank and lawsuits will soon follow (paying down the debts in full is not an option with mortgages for most).  Even worse, while

Asylum options for DREAMers

While DACA has provided some DREAMers with a work permit and deferral on deportation , the strict eligibility requirements left out many of them.  For instance, many of them who arrived after the cutoff date or are older than 31 or do not have a high school diploma or have a criminal history .  Since there is a high probability that Comprehensive Immigration Reform is not going become law any time soon (even if it does, it will not be comprehensive and millions will be ineligible ), DREAMers now have another option: asylum in the United States .  The recent decision in the case of DREAM 9 individuals (Lizbeth Mateo, Claudia Amaro, Ceferino Santiago, Lulu Martinez, Marco Saavedra, Luis Leon, Maria Peniche, Adriana Gil Diaz, and Mario Felix) that they were allowed to seek political asylum means that the United States Government is now encouraging immigrants to seek this route if no other options are open to them to immigrate legally to the USA . How to exploit the asylum law loopho