The DHS announcement about prioritizing cases in Immigration Court is not an amnesty program.
Question: What cases are being prioritized by the DHS?
Answer: Only those cases that are already in the Immigration Court for aliens who are in removal proceedings are being prioritized. There are about 300,000 cases that clogged the Immigration Court and DHS is prioritizing cases to give high priority to aliens who have criminal records and to give lower priority for aliens who have no criminal records. If you are not in removal proceedings the announcement will not affect you.
Question: What is not true about getting EAD or work authorization?
Answer: The DHS Sec. Napolitano’s August 18, 2011, announcement is NOT an amnesty program. It is not about granting legal status and is not something you can apply for. You must consult with an experienced immigration attorney if you have questions. Be careful about scam or fraud if a “notario” or immigration consultant said that you can get something like legal status or EAD based on this announcement. At this time, there is no application form to be filled up, no filing fee to be paid, and no guidance from Immigration authorities at all on how the review of cases will happen.
Question: What is the DHS announcement all about?
Answer: The DHS announcement involved the creation of high level working group from the DHS and DOJ who are to do the following:
• Review all cases that are already pending with the Immigration Courts. Those that are considered “low priority” will be administratively closed. Those that are considered “high priority” will be prosecuted more aggressively.
• Issue guidelines on providing discretion in compelling cases for persons who already have a final order of removal.
Question: Are all cases that are considered low priority to be given EAD?
Answer: The announcement said that if a case is a low priority it will be administratively close and the alien will be able to apply for EAD. But as of today there are no guidelines or instructions on how to apply for an EAD.
Question: What is administrative closure?
Answer: Administrative closure means a case in Immigration court is no longer active but the alien is still in removal proceeding. It does not give an alien any legal status.
Note: This is not a legal advice.
Immigration news
• On July 28, 2011, we received an approval of adjustment of status for an alien who entered the US without valid documents.
• 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 is actually married.
Bankruptcy news
• If you are being sued by your creditors, most money judgment can be eliminated 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.
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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.
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