In 2012 President Obama, using his executive power began a program that permits individuals who entered the United States before turning sixteen and who meet certain rules to file Deferred Action for Childhood Arrivals (DACA). If you are one of the thousand of people that have received Deferred Action for Childhood Arrivals (DACA), you may be able to travel outside the U.S. and return legally. The process is called “Advance Parole.” One of the advantage of DACA is that the recipient may seek permission to travel abroad temporarily for humanitarian, educational, or employment purposes.
Advance parole , an administrative practice originating from the general parole authority in INA § 212(d)(5),. It gives an individual who is in the United States advance authorization to re-enter the United States after temporary voyage abroad. If the U.S. Citizenship and Immigration Services (USCIS) grant s advance parole, it issues a Form I-512L, an advance parole authorization document. This paper allows a Customs and Border Protection (CBP) or other immigration inspector at a U.S. port-of-entry to parole an person into the United States.
Who Is Entitled to Request Advance Parole as a DACA Beneficiary?
In order to be granted advance parole, a DACA recipient generally must show that s/he is traveling abroad for humanitarian, employment, or educational purposes.
Simply wanting to take a vacation is not enough to qualify DACA recipients for an Advance Parole travel document. You will need to show not only that you have been approved for DACA, but that you have a reason for traveling, either for:
- Critical humanitarian purposes: includes obtaining medical assistance, attending a funeral service for a family member, visiting a sick relative, or other urgent family-related purposes.
- Educational reasons : includes study abroad programs and academic research, or
- Employment reasons , overseas assignments or client meetings, interviews, conferences, trainings in other countries, and travel needed to pursue a job with a foreign employer in the United States.
What proof must be submitted with the Advance Parole application?
DACA beneficiaries must provide as much proof as possible to justify the purpose of intended travel abroad. For a trip concerning a humanitarian purpose, appropriate evidence includes but is not limited to the following:
- A letter from a medical professional clarifying the reason for the need to travel abroad to obtain medical treatment;
- A letter from a hospital or treating medical professional describing the relative’s ill condition; and/or
- A death certificate for a deceased relative
For a trip involving an educational reason, evidence includes but is not limited to the following:
- A letter from an educational institution describing the purpose of travel abroad; or
- A document showing enrollment in a program or class and documents showing the applicant is required to travel for a program or class or will benefit from such travel.
For a trip involving an employment reasons, appropriate evidence includes but is not limited to the following:
- A letter from an employer detailing the need to travel abroad; and/or
- A document showing an employment need, such as a conference or training program, and showing the applicant’s participation.
What are the Risks of Traveling With Advance Parole as a DACA Recipient?
Understand that your DACA status is not enough by itself to permit you to leave the U.S. and be admitted back upon your return. You must first apply for and be granted an Advance Parole Document. If you leave without Advance Parole, you will probably be denied reentry and your DACA approval will be cancelled.
However, being approved for Advance Parole is not a guarantee that you will be admitted back to the U.S.. The Customs and Border Patrol (CBP) officer upon your return can deny your entry if he or she thinks you are “inadmissible,” usually for for health or security reasons.
Worse yet, if you have an outstanding order of removal or deportation on your record (perhaps because an immigration court ordered you deported, or you failed show up for a court hearing), leaving the U.S. could be viewed as self-deportation. You would not be allowed to return to the U.S. for numerous years (the exact span depends on the reason for which you were ordered deported). You should consult with an attorney if you are in this position. The attorney may be able to reopen the immigration proceedings and then have them administratively close the case based on your DACA grant.
How a DACA Recipient Applies for Advance Parole
To apply for Advance Parole, you will need to submit the following to USCIS:
- Form I-131, issued by USCIS (see below).
- Copy of a photo identity document, such as a driver’s license or passport identity page.
- Proof that you have been approved for DACA (Form I-797).
- Documents in support of your claimed basis for travel
- Information about your intended dates of travel and the duration of your trip or trips (which you should provide in Part 4 of Form I-131), and
- Application fee ($360 as of 2013; see the USCIS website for the latest).
Form I-131 is available from the USCIS website as a free download on the I-131, Application for Travel Document page of the USCIS website, as are the instructions.
Consulting with an experienced immigration attorney for an analysis of whether you should attempt to apply for Advance Parole and the risks of departure, and for assistance with preparing a convincing application, would be an exceptional idea.
President Obama is angry. Following a year of trying to convince Congress to pass an immigration reform law, President Obama vented his fury today in a scorching White House speech, saying it's time for him to act alone on the issue.
"The failure of House Republicans to pass a darn bill is bad for our security, it's bad for our economy and it's bad for our future," he said. "If Congress won't do their job, at least we can do ours."
Obama explained that he would begin with refocusing immigration enforcement on the Mexican border following an avalanche of children illegally crossing the Mexican border from Central America.
"I take executive action [order] only when we have a serious problem, a serious issue, and Congress chooses to do nothing," Obama said. "And in this situation, the failure of House Republicans to pass a darn bill is bad for our security, it's bad for our economy and it's bad for our future."
The president's declaration comes two years after he circumvented Congress to modify administration policy for young people who have lived in the U.S. since before the age of 16, among other requirements.
The president's 2012 Deferred Action for Childhood Arrivals executive order directed immigration officials to desist deportation of young people who had lived in the U.S. continuously since 2007 and had no criminal record.
Republicans claim is was Obama’s unilateral action in creating DACA that has led to the present humanitarian crisis on America's Mexican border. Unaccompanied minors have been slipping through our border ever since DACA went into effect.
June 6, 2014 - Washington D.C.
On this day, the U.S. Citizenship and Immigration Services (USCIS) informed the public of its’ new renewal system for the many thousands of youths who were granted Deferred Action for Childhood Arrivals (DACA). Renewal of DACA assures that DACA holders will continue to be safe from deportation for an additional two-year period. Similarly, they will continue with work authorization and to be qualified to get a Social Security card, and, in most states, be permitted to apply for a driver's license.
The renewal instruction arrived just in time, as . DACA beneficiaries are requested to apply for renewal, four or five months before their expiration date. Those who were granted DACA in September and October of 2012 – must act immediately. Despite the fact that DACA beneficiaries who apply for renewal will have to go though another fingerprint check most discover that the renewal process is generally clear and that most DACA beneficiaries should be able to apply for the renewal on their own.
USCIS has made clear that people who have been granted DACA will qualify to renew barring criminal activity, traveled without authorization, or abandoned their U.S. residence. Nobody granted DACA will age-out of the DACA program. And those enlisted in school at the time of their initial application will not be rejected if they had to stop studying for other obligations.
To apply for renewal, DACA beneficiaries will need to use a redesigned and somewhat shorter form of the DACA application, pay a filing fee of $465 (unless waived), and submit to a background check. Regardless of the paperwork, DACA beneficiaries will discover the renewal process simpler than the original application process. Where in the original application, they had to provide substantial documentation, those filing for renewal will be obliged to submit proof with their application, unless he or she received DACA from Immigration and Customs Enforcement (ICE), as opposed to USCIS, and those with new facts including removal/deportation or criminal history that were not previously submitted, will be required to submit documentation alongside their requisition.
DACA applicants must be careful to renew timely otherwise, they may face work sanction and problems renewing their driver's license. To avoid any serious problem, DACA beneficiaries are asked to seek renewal around four prior months their termination dates. This should to give USCIS sufficient time to process the request. Also, as per USCIS, the individuals who apply far enough ahead of time of their termination date may be given an automatic renewal if there are processing delays.
Notwithstanding the excitement round DACA renewal, the 1.15 million potential DACA applicants who have not yet filed for their original DACA process, should not erroneously presume that the initial application period has expired. In reality, the re has been receiving some 10,000 new applications every month.
Of course it’s great that President Obama has helped many thousands who arrived in the U.S.at a young age, but it is just not enough. These children need permanent security, not the ability to live legally in the U.S. for two years at a time. Only with the passage of a comprehensive immigration reform will this country finally begin it reconstruction and return to its rightful place as the apex of democracy in action.
When an immigration case has run its’ course and the alien has not violated the terms of the bond, ICE cancels the immigration bond. Once this is done, ICE notifies the Debt Management Center of the cancelled bond. After the cancellation is processed, which can take a long while; the obligor receives a Form I-391 Notice - Immigration Bond Cancelled. The instructions requires the obligor is file for a refund of the principal and any accrued interest.
If a cash bond is breached, ICE notifies the obligor through a Form I-323 (Notice - Immigration Bond Breached). As per the bond agreement, ICE is permitted to remain with the principal amount from breached bonds. Nevertheless, the obligor is permitted to receive a payment of accrued interest.
If you have acted as an obligor and placed a cash bond and would like to have the cancelled bond amount refunded to you by the U.S. Immigration and Customs Enforcement, follow these instructions:
1. If you are in possession of the original immigration bond receipt (Form I-305) and your copy of the immigration bond contract (Form I-352), mail Form I-305 and Form I-352 to the address listed below.
2. If you no longer have the original receipt (Form I-305), complete Form I-395 (Affidavit in Lieu of Lost Receipt of United States Immigration and Naturalization Service for Collateral Accepted as Security) and mail a notarized original to the address listed below. Include a copy of the bond contract (Form I-352) if available.
Forward bond documents or questions to:
Debt Management Center
Attention: Bond Unit
P.O. Box 5000
Williston, VT 05495-5000
Telephone: (802) 288-7600
Facsimile: (802) 288-1226
When TelexFree filed Chapter 11 bankruptcy last week, many thousands of investors and employees became very worried. They realized that their money may be lost forever, but very few know what steps they must take in order to protect themselves, and hopefully, recoup some or all of the money owed to them.
In most cases creditors should file a proof of claim when the debtor (here Telexfree) files a bankruptcy case. This is especially true where there are assets in the bankruptcy estate.
A proof of claim is a written declaration that notifies the bankruptcy court, the debtor, the trustee, and other interested parties that a creditor desires to assert its right to receive a distribution (pay out) from the bankruptcy estate.
Bankruptcy Courts commonly set a date by which time a creditor’s proof of claim must be filed. This date is called the “bar date” because failure to file a proof of claim on time may “bar” a creditor’s right to receive a distribution.
If for any reason the bankruptcy court does not set a official date for the filing of proofs of claim, the Federal Rules of Bankruptcy Procedure requires that in Chapter 11 cases, a creditor must file its proof of claim by the date on which the debtor must file its disclosure statement.
In Chapter 11 cases where the debtor has assets (as it appears that TelexFREE has), it is best to file your proof of claim as soon as possible after the bankruptcy case is filed. If the court sets a bar date, all creditors will receive a notice from the court. However this will only happen if the debtor lists you as a creditor. If they fail to list you and the Bar date passes, you will be out of luck, so file the proof of claim.
The creditor must set forth its correct name and address, as well as the amount of the debt as of the date on which the bankruptcy case was filed. The creditor also must designate whether the claim is secured or unsecured, show a calculation of interest and other fees and charges that are due, and attach copies of the documents that evidence the claim.
Besides filing out the proof of claim, it is good practice to attach an itemized calculation of the claim ,a list of exhibits, followed by copies of the promissory note, all amendments, agreement signed by the debtor.
Additionally, if it is uncertain whether some share of the claim may be entitled to priority status, the creditor should specify on the proof of claim that it reserves its right to amend the proof of claim to seek priority status.
In the TelexFree case, some creditors invested in the company while others, besides investing worked on company promotions and may have a claim for commissions. These claims are priority claims to be paid out first, before the general creditors.
Numerous creditors simply mail a proof of claim to the claims agent and/or court, enclosing an extra copy of the proof of claim, along with a pre-addressed, postage-paid envelope so that the claims agent can return a copy of the date-stamped proof of claim to the creditor. To avoid any confusion regarding the filing, a creditor should send their proof of claim by certified mail with return receipt requested.
The filing of a proof of claim is a fundamental step that must be commenced in a timely and attentive manner. By following the instructions above, a creditor can feel comfortable that he or she has done everything possible to make sure that they will receive a fair distribution of the money collected by the court.
WHERE TO FILE THE PROOF OF CLAIM
United States Bankruptcy Court, District of Nevada
Foley Federal Building
300 Las Vegas Boulevard South
Las Vegas, NV 89101
T: (702) 527-7000
http://www.nvb.uscourts.gov
Case Numbers: 14-12524, 14-12525, 14-12524
Any questions about this case call the U.S. Trustee:
United States Trustee
300 Las Vegas Boulevard
Suite 4300
Las Vegas, NV 89101
WHERE TO GET A FILLABLE PROOF OF CLAIM FORM TO FILE WITH THE BANKRUPTCY COURT?
You can get a sample of a Proof of Claim by going to http://www.wiwb.uscourts.gov/fillable_forms/ProofofClaim_B10.pdf ..
YOU DO NOT NEED TO HIRE A LAWYER TO DO FILE YOUR CLAIM.
ADDITIONAL RECOMMENDATION TO PROVE TELLEXFREE DEFRAUDED YOU.
Also I recommend everyone to file a Complaint for Fraud with the Bankruptcy Court:
Office of the United States Trustee
Special Investigations Unit
300 Las Vegas Blvd. South,
Suite 4300
Las Vegas, Nevada 89101
Upon receipt, your complaint will be reviewed promptly. If the information furnished establishes a reasonable belief that a criminal violation has occurred, the matter will be referred to the United States Attorney. If the United States Attorney deems the matter to hold prosecutorial merit, it will be referred to the appropriate law enforcement agency for investigation. A clearly written statement containing copies of any available documentation will expedite this process.
Submit the following information:
- The bankruptcy case name and file number, together with copies of any pertinent court filings.
- A chronological summary of the matter.
- A narrative of what occurred.
- Names, addresses and telephone numbers (to the extent available) of the subjects and witnesses known to you.
This past Monday, Multinational company, TelexFree, filed for bankruptcy protection in a federal court in Nevada. The next day FBI and Homeland Security agents raided the company’s offices in Marlborough, Massachusetts.
On Thursday, the Securities and Exchange Commission disclosed it has filed charges against the Marlborough-based telecommunications and multi-level marketing firm TelexFREE.
The commission's pronouncement came two days after the Massachusetts Secretary of State's office filed its own complaint against the company , which is confronting charges of being a billion-dollar, international pyramid scheme, and federal investigators raided its Cedar Hill Street offices.
So far the SEC has identified roughly $39 million in assets in public records – just a minor piece of a large pie that estimates $300 million the company is alleged to have brought in since November 2012. During the agents’ search of the offices, a deputy sheriff stopped chief financial officer Joseph H. Craft as he sought to leave. He was carrying a bag and a computer. He told the deputy he was merely a consultant, helping TelexFree plan its bankruptcy case. When the Telex CEO was apprehended he had a bag with over $37,000,000 in cashiers checks. There must be more money to be located.
If the SEC's case against TelexFREE is fruitful in court, the commission could ultimately set up a method with which to repay investors who have lost money in the Ponzi scheme. But at this point, the commission has no procedure by which defrauded customers are able to file claims.
However, since TlexFREE filed for bankruptcy protection, the Bankruptcy Code does contain a specific manner for creditors of TelexFREE (the debtor) to file a claim for their share of the money located.
The Chapter 11 Bankruptcy Process
A Chapter 11 case begins with the filing of a petition in bankruptcy court. After filing the Debtor Continues running the Business Operations.
In most Chapter 11 cases, a trustee is not appointed. In its place, the debtor continues to manage its business in the ordinary course as the “debtor in possession” (or “DIP”). In some cases, the bankruptcy court will appoint a trustee to take over operations from the debtor if it discoveries sufficient cause. Sufficient cause for appointing a trustee includes fraud, dishonesty, incompetence, and gross mismanagement of the debtor’s affairs.
In the case of TelexFREE, there is little doubt that a Trustee will be appointed to run the day to day operation of the debtor, TelexFREE.
While some debtor ordinarily continues in business after it files Chapter 11, it loses control over major decisions. The bankruptcy court takes over. Including other things, the bankruptcy court must approve:
1. any sale of assets, such as property or real property (except for items such as inventory sold by a retail debtor in the ordinary course of business)
2. entering into or breaking a lease of real or personal property
3. mortgage or other secured financing arrangements that allow the debtor to borrow money after the case is filed
4. shutting down or expanding business operations
5. entering into or modifying union, vendor, licensing, and other contracts and agreements, and
6. the retention of, and payment of fees and expenses to, attorneys and other professionals.
Ordinarily, the debtor has the exclusive right for four months after it files Chapter 11 to propose a reorganization plan. Upon a showing of good cause, the court can extend the debtor’s “exclusivity period” to file a Chapter 11 plan to up 18 months after the petition date. The court also can shorten the exclusivity period depending on the circumstances.
A Chapter 11 plan allows a debtor to reorganize, or in other words, restructure, its financial affairs. A Chapter 11 plan is, in effect, a contract between the debtor and its creditors as to how it will operate and pay its obligations in the future.
Approval of a proposed plan is referred to as “confirmation.
What TelexFree Creditors (investors) must do To Protect their Interest and regain some or all of their investment.
Any creditor or indenture trustee may file a proof of claim within the time prescribed by the court.
File the Proof of Claim ASAP - also note, "Please file proof(s) of claim, if any, via US Mail or other hand delivery system. Facsimile and other electronic delivery methods are not acceptable. You must file an originally executed proof of claim. If you would like a copy of your claim returned to you as proof of receipt, please enclose an additional copy and a self-addressed postage-paid envelope."
WHERE TO FILE THE PROOF OF CLAIM
United States Bankruptcy Court, District of Nevada
Foley Federal Building
300 Las Vegas Boulevard South
Las Vegas, NV 89101
T: (702) 527-7000
http://www.nvb.uscourts.gov
Case Numbers: 14-12524, 14-12525, 14-12524
Any questions about this case call the U.S. Trustee:
United States Trustee
300 Las Vegas Boulevard
Suite 4300
Las Vegas, NV 89101
WHERE TO GET A FILLABLE PROOF OF CLAIM FORM TO FILE WITH THE BANKRUPTCY COURT?
You can get a sample of a Proof of Claim by going to http://www.wiwb.uscourts.gov/fillable_forms/ProofofClaim_B10.pdf..
YOU DO NOT NEED TO HIRE A LAWYER TO DO FILE YOUR CLAIM.
ADDITIONAL RECOMMENDATION TO PROVE TELLEXFREE DEFRAUDED YOU.
Also I recommend everyone to file a Complaint for Fraud with the Bankruptcy Court:
Office of the United States Trustee
Special Investigations Unit
300 Las Vegas Blvd. South,
Suite 4300
Las Vegas, Nevada 89101
Upon receipt, your complaint will be reviewed promptly. If the information furnished establishes a reasonable belief that a criminal violation has occurred, the matter will be referred to the United States Attorney. If the United States Attorney deems the matter to hold prosecutorial merit, it will be referred to the appropriate law enforcement agency for investigation. A clearly written statement containing copies of any available documentation will expedite this process.
Submit the following information:
- The bankruptcy case name and file number, together with copies of any pertinent court filings.
- A chronological summary of the matter.
- A narrative of what occurred.
- Names, addresses and telephone numbers (to the extent available) of the subjects and witnesses known to you.
A LAST WORD
Most investors in Bernie Madoff's classic Ponzi scheme originally expected they had lost it all. But a new distribution announced Tuesday by court-appointed trustee Irving Picard brings the complete amount already returned to investors to over $5 billion. In total, Picard and his team have recouped about $9.3 billion.
So , don’t just give up. File your Proof of Claim as soon as you can and write a complaint to the U.S. Trustee as I explained about. If you do these two things, I am sure everyone will receive some money back. Best of Luck!
see also :http://news.jornal.us/article-681065.-Will-the-US-Bankruptcy-Laws-Protect-TelexFREE-.html
The multinational company, TelexFREE, recently shut down in Brazil is being investigated by the Secretary of the State in Massachusetts, triggered by TelexFree’s filing for federal bankruptcy protection. Securities regulators in Massachusetts accused TelexFree of a $90 million fraud in Massachusetts, and $1 billion around the world.
According to Brazil's Ministry of Justice and the Federal Public Ministry, Telexfree’s Brazilian operations has been labeled as one of the largest financial frauds in the history of Brazil. The company is currently under investigation by Brazilian authorities, where the Court to froze the company's and its owners' assets and has suspended of its operations in Brazil.
Security regulators have now accused the company, which purports to sell Internet telephone services, of enticing investors from immigrant communities, who in some cases have invested their life savings, into the scheme.
Federal agents from the FBI and Homeland Security acting on a search warrant raided the TelexFree office on Tuesday.
It appears that the filing for federal bankruptcy protection that sparked federal authorities to action.
TelexFree filed a Chapter 11 bankruptcy with the same goals as other companies that file for bankruptcy; to reorganizing its' business in order that it may generate sufficient money to pay its creditors, over a period of time, a reduced amount of debt. A Chapter 11 debtor generally remains in possession and control of his property throughout the bankruptcy. In the end the debtor expects to obtain a discharge from all debt in excess of an amount it can manage. This is normally obtained by the confirmation of a plan of reorganization that explains which creditors will get paid, how much they will get paid, and when payments will happen.
This goal will be a practical impossibility for TelexFREE to obtain, if the allegations of the Securities regulators in Massachusetts are established in a court of law. The reason is that no fraudulent debts can be discharged.
The Bankruptcy Code makes some debts “non-dischargeable” if the Category of claims arises from a debtor’s bad acts – namely a debtor’s liability for: (1) debts arising from fraud by the debtor as a fiduciary, embezzlement, or larceny; (2) debts obtained through false pretenses, false representations, or actual fraud; (3) consumer obligations – credit card debts and luxury goods – owed to a single creditor over a certain threshold; and (4) willful and malicious injury caused by debtor to another’s property.
In order for these debts to be declared “non-dischargeable” a creditor must file a complaint to obtain a bankruptcy judge’s determination that a particular debt is nondischargeable. This must be done within the first few months after the filing of the bankruptcy, otherwise, if the creditor fails to timely take action to protect its interests, a discharge awarded to the debtor will also discharge the potentially nondischargeable debt. The likeliness of such a happening in the TelexFREE case is highly unlikely as there has been enormous publicity throughout the world of the alleged misconduct of the debtor.
Over the next few months there will be much litigation on the issue of fraud and non-dischageability of any debt that falls into the categories mentioned above.
Last year, on June 15, 2012, the Secretary of Homeland Security publicized that some individuals, who arrived in the United States as children and can qualify under specific rules, may apply for President Obama’s version of the “Dream Act” for a two-year period for work authorization and deferred action. Deferred action is a discretionary decision by the government to defer deportation action of an individual as an act of prosecutorial discretion. The granting of deferred action does not grant an individual with lawful status. The official name for this program is Deferred Action for Childhood Arrivals (DACA). Individuals who fail receive a renewal before the expiration of their original DACA period will be out of status and lose work authorization.
The following is the official Homeland Security Statement:*
To help prepare the public for the anticipated process to request a renewal of DACA from USCIS, we have created an outline found below. This outline is subject to change until USCIS announces the details of the final process in late May 2014.
Outline to request renewal of DACA from USCIS:
- File the revised version of Form I-821D, Consideration of Deferred Action for Childhood Arrivals, together with Form I-765, Application for Employment Authorization and I-765WS, Worksheet, as in the initial filing. The forthcoming version of Form I-821D will be dual-use for both initial and renewal filers and will contain modified questions pertaining to each situation. The draft form is currently going through the Federal Register public comment process and is not yet available for use.
- Do not file the current version of Form I-821D to renew. USCIS will not accept renewal filings until the new version of the form is published. However, if you received DACA from ICE instead of USCIS, please read the ICE-Granted DACA Renewal Guidance.
- Submit your DACA renewal request package approximately 120 days (or 4 months) before your current period of DACA expires. This is also the date that your Employment Authorization Document (EAD) expires. While USCIS will continue to accept filings after this date, it will not accept requests made earlier than 150 days (or 5 months) before that expiration date. The expiration date is printed on the front of the EAD, Form I-766 . Complete renewal requests include signed Forms I-821D, I-765, and I-765WS with fee and evidence, if applicable.
- If you file your renewal request package approximately 120 days before the expiration date of your current period of DACA, USCIS anticipates making a decision on your deferred action request and adjudicating your employment authorization application well before your current period of DACA and employment authorization expires. If you have filed at least 120 days before your deferred action and EAD expire and USCIS is unexpectedly delayed in processing your renewal request, USCIS may provide deferred action and employment authorization for a short period of time until your renewal is adjudicated.
- You only need to submit new documents pertaining to removal proceedings or criminal history that you have not already submitted to USCIS. You do not need to re-submit documents you already submitted with your previous DACA request that was approved. However, you should keep copies of all documents that support how you meet the DACA guidelines so you can provide them if they are requested by USCIS.
NOTE: If you received DACA from USCIS, do not file the current version (edition date 6/25/13) of Form I-821D to renew. USCIS will not accept renewal filings until the new version of the form is published in late May 2014. However, if you are among those few individuals who received deferred action for childhood arrivals from Immigration and Customs Enforcement (ICE) between June 15, 2012 and August 15, 2012, please read the ICE-Granted DACA Renewal Guidance.
Source: Consideration of Deferred Action for Childhood Arrivals Process
The Executive Office for Immigration Review (EOIR), has made available an immigration courts’ 800 Phone Number, which allows anyone to obtain information about their case though its automated system 24 hours a day, 7 days a week. This system has bee named by EOIR as the Immigration Court Information System.
Step 1 – Find a document has your 8 or nine digit A# on it. It is the number that begins with the letter A, Such as A123 456 789.
Step 2 - Dial 1(800) 898-71080
Step 3 - Press 1 to hear the instructions in English; Press 2 to hear the instructions in Spanish;
Step 4 - The system will ask you to input you’re a#. The number should have 9 digits, but if it only contains 8 digits, just as a 0 to the beginning of the string;
Step 5 – You will be asked to press 1 if your a# was inputted correctly or 2 is you would like to input the number again;
Step 6 - Once you number is inputted correctly, the system will spell out your name;
Step 7 - You will be asked to press 1 to confirm or 2 to input you’re a# again.
Step 8 – Once your name has been confirmed, you will be given there choices (1) the next hearing date (2) Decision Information, (4) Case Appeal information (5) Filing information
A lawyer cannot rely just on this 800 system. We have had clients that come to our immigration office for a consultation, but are unsure if they had an immigration hearing. ((When we investigate further, it is revealed that the individual was stopped at the border and fingerprints taken by the CBC (Customs and Border Patrol))). In these cases we submit the individuals fingerprint to the FBI to discover if there is or is not a record. If there is an arrest record, then the correct A# is stated in the FBI report. At which point we are to obtain the full record though the Freedom of Information Act.
You can follow this link:
Find out More on How the Immigration Court Works.
While Congress languishes on agreement to comprehensive immigration reform, a pro-immigration movement is sweeping the individual states. According to NCSL report for 2013, 184 laws were enacted and 253 resolutions adopted, for a total of 437. This number is significant as it is a 64 percent increase from the resolutions enacted in 2012 and an 18% increase in laws ratified.
In 2013 there was expansion in in-state tuition for undocumented immigrants in Colorado, Minnesota, New Jersey and Oregon. This brings a total of 15 states that now offer in-state tuition. California sanctioned the state Supreme Court to admit applicants who are not documented to the practice of law. As well permitting driver’s licenses for undocumented immigrants, and the prohibition for notaries public from the practice of law by calling themselves immigration consultants.
Driver’s licenses and IDs persistent as a principal issue for states, with a total of 35 laws passed in 21 states. California, Colorado, Connecticut, Georgia, Illinois, Maine, Maryland, Nevada, Oregon and Vermont accorded driver’s licenses to undocumented immigrants.
Ann Morse, author of the NCSL report opined that “We seem to go through these waves of different kinds of legislation,” The emphasis on driver’s licenses “reflects the changing attitude in America about young immigrants who are here without making the choice to be here.”
In New York, politicians and community leaders are occupied in a concerted effort to ease the immigrants’ difficult condition by permitting the undocumented to legally apply for a driver’s license.
“A driver’s license will provide undocumented immigrants much more employment flexibility,” stated state Sen. José Peralta who, accompanied by Sen. Adriano Espaillat and with the backing of Make the Road New York and other community groups, introduced legislation last October to allow undocumented New Yorkers the right to driver’s licenses.
The federal government seems to be cruising towards a comprehensive immigration reform, sooner than late. Two women in what appears to be diametrically opposed political position are coming together to the rescue. Esther Olavarria, a Democrat, who as a child immigrated from Cuba, functioned as Senator Edward M. Kennedy’s principal immigration lawyer and now holds a position in the White House. Rebecca Tallent, a Republican from Arizona and was Senator John McCain’s chief of staff and worked on immigration reform in 2006, has recently taken the position as policy advisor to Speaker of the House, John A. Boehner..
Well it seems that we are in for a wild political ride as the battle over immigration reform as it takes center stage sometime in 2014.
Source: NCSL Report
