Because immigration is a serious issue that impacts so many Latinos and Hispanic Americans, it is important to understand the very important (and sometimes exciting!) opportunities ?currently available to you.
Below are Four important immigration issues that our Latino clients are facing today.? ??They are (1) Obama?s deferred action for Latinos who entered as children (2) the DREAM Act (3) Local Enforcement of Federal Immigration Laws (4) Marriage to U.S. Citizens and ?(5) Unauthorized, Criminal Practice of Immigration Law by Notarios.
- Issue #1: Obama?s Deferred Action: the most exciting and recent immigration opportunity is ?deferred action? announced by President Obama. This is a presidential policy (not a law) that will allow Latinos who are 30 years old or younger and who entered the United States before the age of 16 to obtain a work permit and to avoid deportation. Due to the scope of this article, the other important requirements are not listed here. Please seek the counsel of an experienced immigration attorney so you do not commit any errors.
- Issue #2: the DREAM Act: as I mentioned briefly above, President Obama?s ?deferred action? is not a law and so does not technically give any official legal immigration status. However, Obama?s deferred action policy may put political pressure on both Democrats and Republicans to pass the DREAM Act. ??The DREAM Act is similar to deferred action, but different in two ways: (1) it would be an official legal immigration status and (2) unlike deferred action, the DREAM Act will likely provide a path to obtaining legal residency, i.e. a green card.? While the DREAM Act is not guaranteed, Congress will give more consideration to the DREAM act in light of current events.
- Issue #3: ?Arizona?-Like Immigration Laws: In June 2012, The U.S. Supreme Court ?prohibited most of Arizona?s state laws that (1) required all immigrants to obtain and carry state-registered immigration papers (2) made it a state crime for an illegal immigrant to find work and (3) allowing police to arrest illegal immigrants without a warrant.? The U.S. Supreme Court justified its decision stating that States are not allowed to enforce Federal Law.? Unfortunately, however, the U.S. Supreme Court did uphold the ?show me your papers? requirement, allowing local law enforcement to check the immigration status of anyone arrested.
- Issue #4: Marriage to U.S. Citizens: ?In order to obtain a green card by marriage to a U.S. Citizens, Latinos who entered the U.S. without inspection must leave the United States and apply through their home country. ?Many Latinos are afraid to do this because they are not sure whether their application will be approved by their home country?s consulate before they leave the United States. So it is very risky. This presents many problems to the family including: (1) a possible bar from returning to the U.S (2) separation from family members and (3) loss of income/job, because they must stop working to leave the country.? However, in early 2012, the USCIS proposed a rule that would allow the couple to apply inside the United States, wait for an approval inside the U.S., and only leave the U.S. once the application is approved.? Importantly, this rule is only proposed and not approved yet.? However, if approved, it will provide another exciting opportunity for undocumented Latinos who want to marry US citizens but are afraid to.
- Issue #5: Unauthorized Practice of Law by Notarios: the Latino community is often defrauded by ?Notarios?, individuals who are not licensed to practice law in the United States, but offer immigration services. ?NJ has ruled that the ?unauthorized practice of immigration law? is a serious crime, N.J.S.A. 2C:21-31b.? Notarios may impress you with very low prices and the promises of guaranteed results, but do not be fooled.? They are not lawyers and do not have the appropriate education and did not pass the bar. ?This is now very important, as notarios may be looking to sell deferred action services.
While the five issues noted above are the most exciting issues, please do not make the mistake of giving up because they do not apply to you.? There are many legal techniques not listed here, so please seek a free consultation from an experienced immigration attorney, before you reach any conclusions.? Good luck!
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