The Preliminary Injunction of Expanded DACA by Texas Judge

Mother’s and children from Central America not a threat to national security.

Another win for the Law Offices of Brian D. Lerner

212(c) granted for client with a petty theft conviction and a possession for sale conviction from the 90s  Client had been an LPR for over 40 years, is married to a USC and has 3 USC children.  She was put into proceedings after applying for Naturalization.

Arizona Daily Star: 200 Individuals Freed From Immigration Custody in Arizona

As reported by the Arizona Daily Star, ICE officials have stated that more than 200 individuals have been released from immigration custody in Arizona in the last month following the announcement on DHS’s new enforcement priorities, and that as of December 27, 2014, ICE has released 618 individuals nationwide, including detainees who appear to qualify for DACA or DAPA.

LA Times: For Many Immigrants, Driver’s Licenses Will Be “An Incredible Relief”

The Los Angeles Times reports that beginning today, the California Department of Motor Vehicles will allow undocumented immigrants to apply for driver’s licenses and expects approximately 1.5 million applications to be filed within the first three years of the program. The article highlights the case of one immigrant who says that the ability to obtain a driver’s license will be an incredible relief, as she no longer has to make the calculation, “is this trip worth the risk.”

The AAO sustained the appeal and withdrew the director’s decision,

The AAO sustained the appeal and withdrew the director’s decision, finding that the petitioner established by a preponderance of the evidence that the beneficiary’s duties as a chief operating officer were managerial. Specifically, the AAO noted that the beneficiary would be primarily engaged as a manager based on his supervision of subordinate managers and supervisors, and thus qualified for an L-1A visa.

DREAMERS and Immigration Reform. What is needed?

Immigration Reform is here and Dreamers can get a work permit and get to be here legally if they qualify. Brian Lerner states that Dreamers has been able to apply for DACA or Deferred Action for the last 2-3 years. However, with the new immigration reform for Dreamers, we now have an expanded DACA and more people will qualify for Dreamers.

 

Brian D. Lerner, Immigration Attorney states that the following list is the general requirements of the immigration reform for Dreamers:

The program will be open to individuals who:

 

  1. Came to the United States before reaching your 16th birthday;
  2. Have continuously resided in the United States since January 1, 2010, up to the present time;
  3. Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
  4. Had no lawful status on June 15, 2012;
  5. Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
  6. Have not been convicted of a felony, significant misdemeanor,or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

Brian Lerner, immigration attorney states that the difference between this immigration reform for Dreamers and the last Immigration Reform for Dreamers is that it first takes out the upper age requirement. Basically, one could not be older than 31 years old at the time that the first immigration reform Dreamers was made. Now, they can be as old as they are. However, the applicant, in accordance with Brian D. Lerner, must have not been older than 16 years old when he or she entered the United States.

See Brian D. Lerner speak about the immigration reform news 2014 about the new DACA

Additionally, another element with the new immigration reform is that instead of having to be physically present from all the way back in 2007, they can now show that they have been physically present since 2010. Otherwise, the immigration reform for Dreamers is basically the same. One item of concern is that you have to look at the last item regarding the criminal history of the applicant. Now, with the new immigration reform for Dreamers, there is also a rather comprehensive memo from the director of Department of Homeland Security which makes clear that someone may be under priority 1, priority 2 or priority 3 or no priority at all for immigration enforcement. Thus, there is the interplay between the immigration reform for Dreamers requirement that somebody not have been convicted of a felony or significant misdemeanor or 3 or more other misdemeanors and how that interacts with the enforcement memo. Brian Lerner also states that the definition of what is a ‘significant’ misdemeanor and/or felony seems to have been clarified somewhat by the new priority memo. Assumably, if somebody qualifies for the immigration reform for Dreamers, they will not be deported – even if under a certain priority category for enforcement.  Brian Lerner states we will have to see how this plays out and hope that the immigration officials will follow properly the executive order as well as the new policy memorandum on enforcement priorities.


As  usual, with immigration reform for Dreamers, there are questions and ambiguities and issues that need to be resolved. However, in the end, it is a good expansion of the immigration reform for Dreamers and is constitutional under the law.

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