The June 17, 2011 memo of ICE Director Morton will make many aliens in removal proceedings qualify for prosecutorial discretion. This means that if a removal proceeding has been initiated on an alien, the ICE attorney can reissue or serve a Notice to Appear to allow respondent to accrue the necessary continuous residence or physical presence of the lawful permanent resident and non-lawful permanent resident. Once the NTA has been reissued and served at a later date, the alien will now qualify for cancellation of removal based on 7 years continuous residence for permanent resident and 10 years continuous residence for non-permanent resident. The ICE attorney can also authorize a “deferred action” to allow the alien to wait for the time the priority date becomes current in order to apply for adjustment of status.
If the alien has no valid entry document the ICE attorney can authorize a “parole-in-place” in order for the alien to adjust status.
Question: What are examples of a case for prosecutorial discretion?
Answer: Example 1: Maria is in removal proceedings because her authorized stay expired. She came to the US to take care of her mother who suffered from stroke. She is the only relative that is taking care of her. She has no available relief from removal. What can the ICE memo do in her case?
The ICE memo authorizes a grant of “deferred action” on her case because she is the sole caregiver for her disabled mother. In a deferred action she can ask for issuance of work authorization document based on her need to work to support herself.
Example 2: Lisa came to the US without a valid entry document and was sent to removal proceedings. Lisa married a US citizen but could not adjust status because she has no legal entry documents. The ICE memo authorizes “parole-in-place” so that she can adjust status despite her lack of valid entry documents.
Immigration news
On June 28, 2011, we received an approval in Immigration Court for an adjustment of status. The applicant was previously denied on the I-130 petition. We filed a second I-130 petition that was approved based on good faith marriage.
On March 1, 2011, we received an approval of adjustment of status by an Immigration Judge for an alien who was originally denied adjustment of status based on petition by employer.
On January 25, 2011, we received an approval of a self-petition by a battered spouse. Her entry with a different name was forgiven.
On December 23, 2010, we received an approval from the Immigration Court for a waiver of misrepresentation for an alien who entered as single but actually married.
On January 5, 2010, we received an approval in Immigration Court of an adjustment of status based on good faith marriage despite an age difference of 18 years.
Abused spouse of US citizen or permanent residents can self petition even if there is a problem with the entry documents such as C or D visa or entry without inspection or assumed name.
Bankruptcy news
Collection actions continue and you can be sued if you are in debt settlement.
In a debt settlement, not all creditors agree to reduce debt and you may eventually end up in bankruptcy.
Chapter 7 will eliminate all unsecured debts. If you are near retirement age, you must eliminate most of your debts.
Bankruptcy will stop foreclosure actions. If your trustee sale date is 10 days before, you can still file for bankruptcy.
If your salary is being garnished, you have a court case about debts or you are being harassed by creditors, bankruptcy can stop garnishment, court cases, harassing creditors and eliminate the debt.
* * *
Crispin Caday Lozano is an active member of the State Bar of California and he specializes in immigration law. His offices are located at 17057 Bellflower Blvd. Suite 205, Bellflower, CA 90706 and 1290 B Street, Suite 205, Hayward, California 94541 and at 777 N. First St., Suite 333, San Jose, CA 95112. You can contact him at telephone (562) 461-1355 and (510) 538-7188.
(Advertising Supplement)
| < Prev | Next > |
|---|
