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Showing posts from February, 2014

Steps to follow from fake SSN to genuine EAD

Transitioning from an ITIN to a valid Social Security number is a straightforward process (particularly if you did not use the ITIN to work illegally in the United States), but moving from a fraudulent or stolen SS# to a genuine number is a lot less smooth.  Technically, Social Security numbers are for life and never really changed , so it is not really a good excuse to present to an employer when you are approved for DACA .  This happens because there really is no process for undocumented aliens who were working without authorization using a fake number to then change their number without changing jobs (and that too is a huge challenge because their credit histories and employment histories are tied to a number that belongs to someone else ).  The most complicated cases are those in which an alien assumed the identity of an American or legal resident and now has a valid number. Looks like we now have some clarity from the Department of Justice (Civil Rights Division - Office

Health insurance for DACA approved DREAMers

If you are a DACA approved DREAMer who has a job your best option is to seek health insurance through your employer.  Since despite having DACA approval, these DREAMers are still illegally in the country, they are not eligible for ObamaCare .  At this time, all states except California do not allow this group of DREAMers to take advantage of any government health insurance programs that cover low income citizens and legal residents.  The simple reasoning is that government funded programs should be reserved exclusively for US citizens and to a smaller extent to legal residents.  Thankfully, the State of California is cementing its reputation as a friendly state for undocumented aliens by extending provisions like in state tuition, right to practice law , and low cost, subsidized health insurance coverage under Medi-Cal.  Obviously, it seems that a loophole exists for you to exploit right now but always consult with an attorney if you should apply because as awesome as it might sound t

How does USCIS process criminal DREAMers?

For fastest processing of any immigration petition, the best situation to be in is one with zero criminal past .  It does not matter if you were convicted or falsely accused or happened to be in the wrong place at the wrong time, unfortunately, arrests and detentions are ALWAYS visible to the United States Government agencies (even if they are expunged from your public record).  In other words, if you are not a native born citizen, DO NOT break the law, ever.  Or at least, till you take the oath of a naturalized citizen . Now, the DACA program is very lenient on DREAMers with criminal past (as many as three non-significant misdemeanors are allowed; crimes committed before you were 18 are often overlooked as long as they are not national security concerns) but as soon as you start to admit that you indeed have broken the law, the application is treated a lot differently.  Needless to add that if you have committed a felony or a significant misdemeanor, the application is rejected rig

How does USCIS treat homeschooled DREAMers?

US citizens and legal aliens can typically homeschool their children without any questions, but most sane people are very skeptical of the rapidly exploding homeschooling movement.  It is widely known that many parents who assume the role of teachers aren't really educated themselves and rarely educated in the skills needed to teach children.  They often teach their children nonsense and fail to teach them the basics to survive in the real world.  In fact, many parents are committing outright fraud on taxpayers by demanding vouchers that they can blow on vacations and parties.  It is no surprise then that the USCIS is very skeptical of homeschooling of DREAMers.  First of all, it is very likely that parents who failed to enroll their children in the American school system are using homeschooling as a coverup; it definitely does not help that illegal immigrants have a reputation for fraud and lies .  Secondly, it is likely that the alien might have secured vouchers and that woul

Foreign visa for DACA approved DREAMers with advanced parole

Visiting your native country with advanced parole is a pretty routine affair and dozens of DACA approved DREAMers have been able to leave and reenter the United States without any problem.  However, many of you are being asked to take business trips to other countries (some of you are also taking personal trips to foreign countries because your family is there) and some of them require you to first obtain a visa.  So the question I get asked a lot is if you can get a visa to another country using just your AP documents . Visas to other countries in the USA are typically issued only to legal residents:  It is important to understand that most countries insist that you apply for a visa from your native country unless you can prove that you live legally in the United States.  Some countries are slightly more liberal in the sense that if you entered the United States legally and still have valid legal status, they may accept and approve your application, but denials are quite common as