Renewal Time for Granted DACA Applicants

Deferred Action for Childhood Arrivals (DACA) Renewals Are Beginning.

The U.S. Citizenship and Immigration Services (USCIS) has announced that for those nearing the end of the period of their previous deferred action, it is time to resubmit documentation for consideration for the program, including the Application for Employment Authorization and the required filing fee (totaling $465).

If a previously filed deferred action expires before the renewal, the applicant will begin to accrue unlawful presence and will not have a work permit during the period between the expiration of the previous permit and the time the new permit arrives. 

Thus it is encouraged to reapply early. Each case is reviewed on a case-by-case basis by the government officer. If you have a criminal history or issues with your migration history, please contact an attorney. 

The basic requirements to be granted a renewal of your DACA are:

• Was under the age of 31 as of June 15, 2012;

• Came to the United States before reaching his or her 16^th birthday and established residence at that time;

• Has continuously resided in the United States since June 15, 2007, up to the present time;

• Did not depart the United States on or after August 15, 2012 without advance parole.

• Was present in the United States on June 15, 2012, and at the time of making his or her request;

• Entered without inspection before June 15, 2012, or his or her lawful immigration status expired as of June 15, 2012;

• Has graduated or obtained a certificate of completion from a high school, has obtained a general educational development certificate,  is an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; or was in school at the time he or she requested DACA from ICE and: 1) has successfully completed an education, literacy, or career training program (including vocational training) and obtained employment,  2) is currently enrolled in high school, postsecondary school or a new/different education, literacy or career training program, or 3) has made substantial, measurable progress toward completing an education, literacy, or career training program and,

• Has not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety. 

GOOD NEWS For Mexican TN NAFTA Applicants

With the beginning of 2014 North American Free Trade Agreement talks in Mexico, good news has emerged for Mexican Citizens wishing use to the "TN Visa" to work in the United States:

Mexican TN visa applicants will no longer be required to obtain approval from the United States Citizenship and Immigration Services ("USCIS") prior to applying for a TN visa at a US Consulate pursuant to a final rule issued by the Department of State ("DOS") amending its regulation to the North American Free Trade Agreement (NAFTA).

The TN NAFTA Visa allows citizens of Mexico and Canada to receive non-immigrant visas to work and live temporary in the US for a few years. However the TN Visa rules have been more stringent for Mexican citizens, one example being the necessity for Mexicans to obtain approval from USCIS before applying for the Visa.

The new rule issued by the State Department eases the requirements for Mexican citizens in their effort to work in the US, but is still not as simple as the Canadian requirements. Canadians can simply provide the required paperwork at the border for approval before entry.

Although this is a step up from previous rules, there is still some way to go before Canadian and Mexican citizens are treated equally by the US Immigration Laws.

Government Losing Almost Half of Deportation Cases

According to a new report from the AP:

Nearly half of immigrants facing deportation are now winning their cases before an immigration judge, their highest success rate in more than 20 years, according to a new analysis of court data published Thursday.

This is welcomed news to many families that are being torn apart due to this procedure. 

Document Translations and Immigration (USCIS and NVC)

One of the most expensive parts of any immigration application or petition is the translations of documents required by the United States Citizenship and Immigration Services (USCIS) and the National Visa Center (NVC). In the past this meant the requirement of having documents translated by a certified translator, easily costing an immigrant hundreds to thousands of dollars in translation costs.

Thankfully, USCIS has eased this requirement, allowing immigrants to submit documents translated by any person that has a proper understanding of both languages and attaches a Certificate of Translation to the original foreign language document. The English translation can even be done by a friend that is fluent in English and the language being translated. However, that person must include a full and complete translation of all the information and characters on the foreign language document. Once completed they should complete a Certification Letter that identifies the translator (name and address), attests to their fluency in the two languages and identifies the document. Please remember that it is best for the Certificate or Certification of Translation be attached to each separate foreign language document.

Please note that for USCIS, under the authority of US Department of Homeland Security, these Translation Certificates work on almost all documents. Moreover, USCIS does not regularly require original or "certified copies" of documents anymore. Instead, legible photocopies of documents are acceptable for the filing and approval of petitions and applications. To be safe, it is best to send color copies. In some instances it is necessary to send copies of the front and back of the document (such as the USCIS Form I-551 Permanent Residency Card a.k.a. "Green Card" or Form I-94 "Arrival-Departure Record.")

However, The NVC, under the auspices of the US State Department, in many cases will not accept Translation Certificates from just any individual and may require official translations of some documents. The NVC is the Government Organization that in many instances collects the Immigrants documents in preparation for their interview at the US Consul or Embassy abroad. Moreover, the NVC usually requires the documents submitted be originals or certified copies. The NVC is much more restrictive in its document requirements.


The following is a sample of the Translation Certification or Certification by Translator that includes the information required by USCIS, as well as additional document specific information:

Certification of Translation

(______ to English)

I, ____________________ swear and affirm that I am fluent in the English and _______ languages and that the translation of the document below is a true and accurate representation of the words, terms and context of this document in English.

Name of Document:

Date of Document:

Author/Publication’s Name:  

I sign and endorse this translation under penalty of perjury, this ___ day of _____ 2014, in _____________________.

_______________________________

Name of Translator:_____________

Address:_______________________

_______________________________

Record Number of Immigrants Expelled/No Reform in Sight

The Economist magazine published an article regarding the record number of immigrant deportations that have happened by the current presidential administration. Despite talk of immigration reform, immigrant families are still being torn apart in the millions:

America is expelling illegal immigrants at nine times the rate of 20 years ago (see article); nearly 2m so far under Barack Obama, easily outpacing any previous president. Border patrol agents no longer just patrol the border; they scour the country for illegals to eject. The deportation machine costs more than all other areas of federal criminal law-enforcement combined.

Along with this bad news are reports coming from the Senate casting doubt on whether immigration reform will even be a possibility this year:

Speaker John A. Boehner on Thursday cast strong doubt that he could pass an overhaul of the nation’s immigration laws this year, leaving it to President Obama to win the trust of his balking Republicans.

The comments came two days after Senator Mitch McConnell of Kentucky, the Senate Republican leader, cited “irresolvable conflict” between the House and the Senate and said, “I don’t see how you get to an outcome this year with the two bodies in such a different place.”

Unfortunately it seems like a resolution to the immigration reform bill is nowhere in site. Immigrants will have to continue looking for the limited options available under current government programs. 

UPDATED FORM N-400 RELEASED

The US Citizenship and Immigration Services (USCIS) has released the updated N-400 Application for Naturalization. Previously the application available on the website was already expired. However, USCIS allows the previous forms that expired up until 2009 to be used, until May 5, 2014. They will only accept the update Form N-400 from that date on.

The updated form N-400 looks noticeably different but the information requested on the form is mostly the same.

The filing fees are still the same:

Filing Fee
$595 (Add $85 biometric fee for a total of $680, where applicable. See form instructions for payment details.) No fee is required for military applicants filing under Section 328 and 329 of the INA. Applicants 75 years of age or older are not charged a biometric fee.

Please find the Form N-400 HERE

Please find the Instructions for Form N-400 HERE

For A guide to the Naturalization Process go HERE