The US government is, once again, accepting applications for Deferred Action for Childhood Arrivals (DACA), a program that allows people who are in the country without valid legal status to defer possible deportation for up to 2 years. In addition, DACA gives its beneficiaries the possibility of being eligible to obtain a work permit.

Sean Lewis, founding partner of the study, points out that, in order for a person to qualify for DACA, they must meet a series of requirements that may seem simple at first glance, but require a thorough legal analysis. These are:

• Have been under 31 years of age on June 15, 2012,
• Having arrived in the U.S.A. before turning 16 years of age,
• Have resided in the U.S.A. from June 15, 2007 to today
• Have been physically present in the US on June 15, 2012,
• Not have had a legal status that would allow their stay in the United States in June 15, 2012
• Be in school, have graduated, or have a high school completion certificate (GED in the US)
• Not have been convicted of a felony or 3 or more misdemeanors
• Not be a threat to national or public security

Felony and Misdemeanors

The felony and misdemeanors referred to by DACA are called “significant misdemeanors” (also called Misdemeanor A in Tennessee) and “misdimeanors,” respectively, Lewis explains.

A Misdemeanor A includes, for example, drunk driving and causing harm to another person. They are crimes that have more severe consequences and punishments. Also included within this group of crimes are those related to drug possession and assaults, as well as crimes for which the offender spent 3 days in jail.

It is possible to be a beneficiary of DACA even with a Misdemeanor A. However, that depends on the reform of the person and if he attended his classes imposed by law. “In general we do not recommend that you apply to DACA if crimes of this type have been committed,” says Lewis.

On the other hand, misdemeanors themselves are about crimes such as driving without a license. 

According to the lawyer, crimes committed before the age of 18 do not count for DACA application, since these are not really criminal cases, but delinquency. “A juvenile record does not count as a conviction or misdemeanor,” adds Lewis about it.

On the other hand, it is important to indicate that the “expungment” does work when applying to the program. Expungment is a process by which a person can erase their criminal record. Although this usually has no effect on immigration applications, it does have an effect on DACA applications in favor of the applicant. “If they erased it, it’s not coming out.”

Legal Status on June 15, 2012

Lewis clarifies that the people who were in the United States On June 15, 2012, with a valid visa, cannot qualify for DACA, as this means that, at that time, they did have a valid legal status to remain in the country.

In that sense, he adds that the help of a lawyer is necessary to be able to review the legality of all the applicant’s documents, since he could have been in the country legally without knowing it, so he does not recommend applying for DACA without legal advice.

Can I apply for DACA if I was previously deported?

Yes, DACA differs the deportation that would apply to anyone without valid legal status in the US.

In that sense, a person who had previous deportations can apply for DACA

Can I travel as a DACA recipient?

DACA does grant the benefit of travel.

However, you cannot travel for vacation or leisure reasons. The reason for the trip must be urgent, such as a family medical emergency.

Travel for work reasons is also allowed. For example, a person may attend an international forum.

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The city of Baltimore has filed a lawsuit against the Trump administration because of the changes the State Department made in which immigrants who use state benefits could not qualify for adjustment of their immigration status.

Baltimore officials say that this Trump policy is causing several city residents to avoid applying for benefits, such as food stamps and Medicaid, for fear that it will make it difficult for relatives to obtain visas to visit the United States. Mayor Catherine Pugh said “Baltimore is a welcoming city, known for embracing the immigrant community and also benefiting from its many contributions.” “This Trump administration’s effort to create additional obstacles for those seeking to live in Baltimore is an affront to the ideals and principles on which this Nation was founded ”

The statement says the change to immigrants violates federal laws governing administrative agencies, including the guarantee of equal protection.

We will be tracking this news as there are updates.

If you want to know if you could qualify for a migratory benefit, contact our offices and we will handle immigration cases throughout the country and internationally.

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A few days ago, we commented about the instability DACA has represented for The Dreamers: One day there’s news about judges like John D. Bates, demanding answers from the administration in relation to the unjustified and abrupt cancellation of the program (or else would order to rehabilitate the program’s capacity to accept new applications) and on the other hand we hear states like Texas requesting to cancel the program, claiming it is unconstitutional.

In the middle of this mess we find the young people who were brought to the country by their parents, and who see America as their home Even though DACA does not provide the Dreamers with an immigration adjustment to become citizens, it does give them a work permit, an opportunity to study and live a somewhat normal life…if you want to include the constant uncertainty of whether you will wake up here or in an unknown land as “normal” It is a complicated situation for the estimated 689,800 people under the program and a clear solution is not in the forecast anytime soon.

This week, however, the Dreamers are celebrating the decision of Federal Judge Andrew Hanen, of not granting the State of Texas’s request of canceling DACA as they claim the program is unconstitutional. Let’s keep in mind that Hanen had a history with DACA, as he cancelled DAPA (Deferred Action for Parents of Americans and Lawful Permanent Residents) therefore, this decision was somewhat a surprise for all the young people under the program.

This subject will continue to make headlines indefinitely, hence Sean Lewis’ constant recommendation to the Dreamers to seek another path to their immigration status as soon as possible.
Visit AILA.org for a list of immigration attorneys in your area who may assist you in finding all the options you may have if you are under the Deferred Action for Childhood Arrivals (DACA)

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VAWA stands for Violence Against Women Act, however it is not exclusive for women; if you are a man or male child who is suffering abuse from a family member, you may be a beneficiary.

In the United States of America, violence is unacceptable and it is every citizen’s (and resident’s) obligation to comply with the law. Before the constitution it is not allowed for any individual to abuse, in any way, of any of his/her family members and VAWA is focused in protecting those who are still not permanent residents but have been victims of violence from a relative who is a citizen or resident.

4 things you need to know about VAWA:

YOU DO NOT NEED AUTHORIZATION FROM THE ABUSER TO APPLY FOR VAWA
If your resident or citizen spouse physically, verbally or mentally abuses you or your children -even if they are not his/her children- YOU MAY QUALIFY FOR VAWA
If your resident or citizen children mistreat you, YOU MAY QUALIFY FOR VAWA
If your resident or citizen parents are abusive against you, YOU MAY QUALIFY FOR VAWA
*If you have divorced the abusive person, you have up to two years afrter divorce to apply for VAWA.
*If the abusive spouse (or family member) died, you have up to two years after the death of that person to apply for VAWA.

There is a VAWA hotline you may call if you need further information Call 1-800-799-7233

At the law offices of the immigration lawyer in Memphis, Sean Lewis, we know VAWA may help you obtain permanent residency if you´ve been a victim of domestic violence by a citizen or resident and we´re here to provide you with information as well as help you apply for this benefit. Call us, (615)226-4236

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First, DO NOT OPEN THE DOOR. They might try to trick you into opening the door, but you have the right to stay quiet. Unless they have a warrant, they cannot enter your home. If they say that they have a warrant, still do not let them in. Ask them to slip the warrant under the door. Look for your full name, address, and for official signature from a court. If it is from the court, it is the law to let them in. If not, do not answer any questions. We understand it may be scary..

Here’s what you can say if they do not have an official warrant:

“I do not wish to speak with you.”
Based on the 5th Amendment, you do not have to answer questions.
“I do not give you permission to enter my house.”
Based on the 4th Amendment, you do not have to let them in unless they have a court warrant.

How to plan if ICE comes:

Have a family plan. Think about, “What is going to happen to my kids? Who will take care of them if ICE comes?”
Have a safe guardian to take care of them, if worst comes to worst. Most importantly, remember their number in case you are incarcerated. Make sure they know what the situation could come to and the possibility of them having to watch and care for them through disabilities, allergies, or medications.
Ask and see if you are eligible for a bond.
What is a bond?
A bond is an agreement to get out of jail through paying money or fees.
Know your A# if you are incarcerated, because this could help your family or lawyer find out whether you qualify for a bond.
Ask yourself, “Where am I going to get the money? What do I do if I don’t have enough?”
Can a family member help? If not, please plan ahead. Think about saving and keeping money aside in case.
Who can I call if I don’t know what to do?
If you get a bond, call Gonzales Bond at 1-800-628-8888! Or check out their page here.
If you cannot get a bond, call us! 615-226-4236! Or make sure your lawyer is ensured by AILA.

Important recommendations:

Do not drive without drivers license! If driving without a license, it is the law to pull over when detained by an officer. It is not the same as when they come to your door, you do have to show identification.
For this matter, consider visiting ann AILA.org certified attorney to let you know about your options to legalize your status!

Print out this card in case ICE comes!

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Weeks have passed since the biggest raid in a decade took place at a meat packing plant in GRAINGER COUNTY, Tennessee. This situation stormed into the lives of hundreds, especially the families of undocumented immigrants. Many of those who are still arrested are now facing deportation and the sense of fear has overtaken the whole town; it has been reported that hundreds of kids did not attend school after the raid and teachers are concerned for the children’s well being as they try to comfort their classmates.

Expressions of support of those who feel that the community has been torn apart have quickly emerged, however, time is of the essence and, if efforts are not focused correctly, these families will be separated as deportation proceedings are on the works.

“MARCHES, BANNERS AND SIGNATURE COLLECTIONS ARE COMPLETELY INEFFICIENT”

From his office in Tennessee, immigration lawyer, Sean Lewis, can’t hide his discomfort as he scrolls thru his computer screen reading a note about organizations gathering signatures to “tell ICE” to release the detainees. “Marches, banners and signature collections are completely inefficient,” says Lewis, “what they need is court bond hearings or motions to reopen prior removal orders”.

Years ago public outcry might have gotten ICE to listen and exercise discretion to release people who violate the immigration laws. Those days are long gone, and no-one can just “tell” ICE who is a deportation priority, not to deport people. Nowadays nobody is listening except the judges in court.

It is the immigration lawyer’s opinion that if people really want to help —and not just stirrup emotions— What they should be doing is informing the families and detainees about the concrete legal actions they are to take so that they can avoid deportation and begin a process that may hopefully result in legalizing their status in the country.

ICE is not marching so that undocumented immigrants leave the country. They are acting, running raids and using the established means to see that happen.
Should you wish to help the families of those facing immigration detention, visit https://www.aila.org/ for a list of immigration lawyers that may represent them.

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“The H-2B program allows U.S. employers or U.S. agents who meet specific regulatory requirements to bring foreign nationals to the United States to fill temporary nonagricultural jobs. A U.S. employer, or U.S. agent as described in the regulations, must file Form I-129, Petition for Nonimmigrant Worker, on a prospective worker’s behalf.” -USCIS

Who Qualifies?

Petitioner must show that:

• Not are not enough workers in the U.S for job
• Wages and conditions will be the same as the U.S workers
• Services are temporary
  • One time
  • Seasonal
  • Peak-load

* INCREASE IN VISAS NOW!

“There is a statutory numerical limit, or “cap,” on the total number of foreign nationals who may be issued an H-2B visa or otherwise granted H-2B status during a fiscal year (FY). Currently, Congress has set the H-2B cap at 66,000 per fiscal year, with 33,000 for workers who begin employment in the first half of the fiscal year (October 1 – March 31) and 33,000 for workers who begin employment in the second half of the fiscal year (April 1 – September 30). “

THE H-2B CAP HAS BEEN RAISED! APPLY NOW!

What’s the process? See more here. 

1. Submit temporary labor certification application
2. Submit Form I-129
3. Outside workers apply for visa

What countries allow this visa?

Some countries include…

How long can I stay?

Typically the temporary labor certification decides how long you can stay. It may be extended by 1 year. However, if it exceeds 3 years, individual must leave U.S for 3 months before seeking re-admission.

What about my family?

Thankfully we can help with that too!

“Any H-2B worker’s spouse and unmarried children under 21 years of age may seek admission in H-4 nonimmigrant classification. Family members are not eligible for employment in the United States while in H-4 status.”

 

Still confused on what you should do? Call us at 615-226-4236 or 615-ABO-GADO!

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What is a H-2A Temporary Agricultural Worker?
A H-2A is a program that allows certain U.S employers to bring over migrate works in order to fill agricultural jobs, temporarily.

Who qualifies?
According to USCIS..
The petitioner must…

-Offer a job that is of a temporary or seasonal nature.
-Demonstrate that there are not enough U.S. workers who are able, willing, qualified, and available to do the temporary work.
-Show that employing H-2A workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.
-Generally, submit a single valid temporary labor certification from the U.S. Department of Labor with the H-2A petition. (A limited exception to this requirement exists in certain “emergent circumstances.” See e.g., 8 CFR 214.2(h)(5)(x) for specific details.)

What’s the process?
1. Petitioner must submit a temporary labor application to the Department of Labor. See more here.
2. Petitioner submits form I-129 to USCIS
3. Workers can then apply for visa/admission

Is my country eligible?
Some countries eligible for visa include:
Country not on list? See more here.
Argentina
Australia
Brazil
Canada
Chile
Colombia
Costa Rica
Dominican Republic
Ecuador
El Salvador
France
Germany
Greece
Guatemala
Honduras
Ireland
Israel
Italy
Jamaica
Japan
Mexico
Nicaragua
New Zealand
Norway
Panama
Papua New Guinea
Peru
Portugal
Romania
Spain

How long can I stay?
Maximum period is 3 years.. Program can be extended in 1 year periods.

A person who has held H-2A nonimmigrant status for a total of 3 years must depart and remain outside the United States for an uninterrupted period of 3 months before seeking readmission as an H-2A nonimmigrant. Additionally, previous time spent in other H or L classifications counts toward total H-2A time. -USCIS

Will there be records for working?
Yes, yes and yes.

Employers certified under H-2A must keep accurate and adequate records with respect to the workers’ earnings as well as the hours each worker actually works. In addition the employer must retain a record of time “offered” to the worker but which the worker “refused” to work. Records must also include the time the worker began and ended each day, the rate of pay, the earnings per pay period, the worker’s home address, and the amount of and reasons for any and all deductions taken from the worker’s wages. These records must be kept for three years after the date of the H-2A certification. -Elaws

Can I bring my kids?
Yes, if they are under the age of 21, they may seek admission.

What’s the cost?
Cost varies according to case. Consult with Sean Lewis for exact fees.

Need more information about Sean Lewis? Click here.
Want to learn more about immigration visas? Click here.

Websites:
https://www.uscis.gov/working-united-states/temporary-workers/h-2a-temporary-agricultural-workers
https://webapps.dol.gov/elaws/elg/taw.htm#BasicPro

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