Yesterday I was invited to speak to a class at The Evergreen State College about Executive Action (DACA and DAPA programs). I learned some things myself when I did.
First – its just prosecutorial discretion. Consider the policeman who pulls you over when you have been speeding. He does not HAVE to give you a ticket…. and the ICE deportation machine does NOT have to carry out a deportation just because it knows someone is here without documents.
So whats all the fuss? Why are the republicans in congress and republican governors so bent on taking it down? I suppose its this — Once in a protected status, the government already has a system to offer offer temporary work permission, which feels like, but is not, fully legal status. So it looks like, but is not – legalization (some would say amnesty). Those who oppose don’t like that this program looks like a law that really should be passed by Congress… (by them!) It looks like a law, and they don’t think that the president has the authority to announce a program that looks like a law. And so they filed a lawsuit (Texas v. U.S.) that has temporarily blocked the program. Read more →
We have helped many families in the past year apply for and receive WAIVERS (I-601A) from U.S. CIS, followed by successful brief trips abroad to obtain permanent status. Its hard work for everyone, clients, family members, and all of us here. Our success rate in these cases is 100%!
If you are married to a U.S. citizen and cannot move forward with your lives because you do not have documents, please contact us. You may have more options than you thought before.
Your immigration attorney may need copies of previously filed tax returns to present to the Immigration Court or to Immigration to prove your good moral character and willingness to follow the laws of the United States. It is important that every person who earns income, whether or not they have documents, files a tax return. That’s the law
What if I don’t have a Social Security Number?
You can file a tax return by using an individual tax identification number, or ITIN.
A person must file a tax return and do it correctly. What does that mean?
We see many clients who have been incorrectly advised when filing tax returns. For example, claiming extra dependents and getting extra tax refund money for people who don’t live with you might not be correct. If you did this, it might be necessary for you to correct your tax returns. Your attorney can help you find a tax accountant or other professional who can advise you how to do this the right way.
What if I do not have copies of my old tax returns?
To get records of previously filed tax returns, it is best to make your request in person at a local IRS office. The IRS office can provide you with tax return transcripts for the past 3 years. The IRS office can also provide you with tax account transcripts for every year that you have filed tax returns. Either document is sufficient to show proof of income tax filing.
Su abogado de Inmigracion tal vez le pida copias de sus declaraciones de impuestos de años anteriores para demostrar a la corte o a los servicios de Inmigracion su buena conducta moral en este país y que está dispuesto a cumplir con las reglas de Estados Unidos.
Es la ley que cada persona que tiene un ingreso lo reporte al gobierno, No importa su estatus migratorio.
Las Personas deben de hacer sus impuestos y lo deben hacer correctamente. Que significa esto?
En nuestra experiencia con clientes desafortunadamente hemos visto como han sido asesorados incorrectamente con la declaraciones de sus impuestos. El error mas común que cometen es agregar dependientes que no viven con ellos y recibir el dinero de rembolso por estos dependientes. Esto pudiera estar incorrecto. Si usted ha hecho esto, deberá ser necesario que haga una corrección a sus declaraciones de impuestos. Su abogado puede ayudar a encontrar alguna persona especializada en impuestos como un contador u otra persona profesional que pueda darle asesoría para hacerlo correctamente.
Y si no tiene copias de sus impuestos?
Para pedir los records de sus impuestos puede ir a la oficina local del IRS. La oficina del IRS en Oylmpia se enceuntra en 319 7th ave Sur este Olympia, WA 98501. La oficina del IRS le puede dar los records de sus 3 ultimos anos de transcripción de impuestos. Tambien puede obtener una cuenta de transcripción de sus impuestos de todos los anos que usted ha declarado sus impuestos. Cualquiera de estos dos documentos son suficientes para demostrar que usted ha declarado impuestos.
Last month the CIS program for expanded DACA (for individuals who were over 31 in 2012) and for DAPA (parents of citizens) was put on hold by a lawsuit filed by several states. Its confusing! The Obama administration filed a response, and it appears that the program will move forward eventually.
For now, everyone should know that the original DACA program is not affected. Initial applications and renewals are being processed by USCIS.
For more information on these programs, please check out the information on the USCIS pages for DACA.
Hi. I wanted to come and tell you today about the new executive action by the Obama administration. It’s a big deal. You might have heard the President speak on November 20th about Executive Action. What does that mean? Well, the President decided to allow the Department of Homeland Security to Defer Action for millions of people who either have come here as very young people – under 16 – or who have U.S. citizen children. It could be over five million people that might be affected.
So – the deferred action – what is that? It is a reprieve from deportation so that people who are covered under the deferred action would have an ability to stay here and have a work permit while they are staying here.
Who is eligible for the new Deferred Action?
Anybody who has been in the United States since January 1st, 2010, and can prove that they have been physically present from that time until now. That person must also have had a U.S. citizen child on or before November 20th, 2014. And, the person cant be excludable because of criminal actions, such as domestic violence, DUI or many other crimes. You can consult the Department of Homeland Security website – Citizenship and Immigration Services – www.uscis.gov for more information. In fact, all of the rules about these action are on the CIS website. That is where you should look.
Who is eligible for the student or DACA program?
What the president announced was that the DACA program – first announced in June of 2012 – will be expanded. There is no longer any age limit. To be eligible for that program, a person still must have come before they turned 16 years old, and they had to be here by January 1st, 2010, until the present, and be able to prove physical presence during that time. Since this program is aimed at students, there is also a requirement that the person have graduated high school here, have a high school diploma, or have a GED. Or, you could be in school and could be working on these things. Or you could be working on a GED program, or you could be in the middle of high school.
Many many people will be covered by that, since if a person came before they were sixteen and are now, they are 52 years old, and they have proof that they finished high school, they would potentially qualify.
Of course, there are the criminal bar disqualifiers. A person cannot have had certain crimes (DUI, domestic violence), and they cannot be a deportation priority. All of these things are explained in the memos on the CIS website.
So how can you prepare for this executive action and when is it coming? Well we know for sure that some of the executive action is effective now. The changes in deportation priorities are taking effect right now.
The expanded DACA program for students will be ready, according to the guidance on the website, 90 days from when it was announced, so that means by the end of February. By the end of February, a person who was older than 31 at the time of the last DACA should be able to apply for the new one.
And the next one for parents – it might be called DAPA, deferred action for parents – that one will not be ready until the middle or probably the end of May. If the guidance from the last DACA in 2010 is any help for us, we can be pretty sure that there will be a form available on the website for each of these programs just as the program is going into effect. So watch the www.uscis.gov website for updates and details.
How can you prepare?
You can save money. We know that the fee for the program is going to be $465.00, which is the fee for a work permit. That’s number one. Number two: get proof of who you are. Get a good copy of your birth certificate. Get a copy of the birth certificate of any U.S. citizen children you may have, and remember : these should be official documents not the birth certificates given at a hospital that have the baby foot prints on them.
You need to document your physical presence. This is a serious requirement. The law says, not actually a law, but the guidance says you have to be able to prove you have been here since January 1, 2010. So, ideally you should have one document for each month of each year for the past 5 years.
If you have had any encounters with the police, or with immigration enforcement officers, or the immigration court, that could make youineligible for the program. You need to find out exactly what happened. If you were in court, you need to have your court documents. If you were arrested, you need to get the police documents. Almost any time you have talked to a police officer is a significant event. Please get documentation about that, and see an immigration lawyer before you decide to apply.
One of the most important things I want to say today is DON’T apply if you are not eligible. Find out more. The information is on the USCIS website. Before you decide to apply, take care in who you ask to help you. Be ware of people who say that they can get you that work permit really fast, or that you can apply now. Now, in December is too early. Be sure that you follow the rules. We think that this program is going to be a great thing and it will help millions of people. So, prepare yourself carefully, and apply when the time is open.
Olympia immigration attorney Lisa Seifert will speak in Port Angeles this friday at the Clallam County Bar Association’s monthly meeting. Port Angeles is a significant location for immigration news in the U.S. due to the location of a new post in 2012, at an $11 million cost. In 2013, the U.S. District Court found significant racial profiling practices and ordered the border patrol to undergo additional training and to be subject to additional monitoring to ensure profiling does not continue.
This past week President Obama took a small step to improve the situation for family members of some temporary visa holders. Spouses of H-1b visa holders can now request work permission. This administrative fix is proposed by the administration. It does not require a legislative change.
In response? Republicans in Congress are starting to look more seriously at eliminating the 3 and 10 year bars. THIS would be a welcome change.