Tried to file for legalization in 1987-88 and
now in a deportation case.
If
you tried to apply for legalization under the amnesty
program in 1987-88 and the INS refused to accept your
application, and you never applied for late amnesty
under the CSS or LULAC settlements, and you are now in
a deportation case, you may be able to challenge the
INS's refusal to accept your amnesty application back
in 1987-88. Such a challenge can be made only if the
Immigration Judge orders you deported or grants you
voluntary departure, and you appeal to the Board of
Immigration Appeals (BIA). If the BIA rejects your
appeal you have the right to appeal to a federal Court
of Appeals. When you appeal to a federal Court of
Appeals, at that time you can raise the fact that you
tried to apply for amnesty in 1987-88 but the INS
refused to accept your application because
(1)
you had briefly traveled outside the US between
November 1986 and the time you tried to apply for
amnesty, or
(2)
between 1982 and 1988 you briefly traveled outside the
U.S. and returned using a non-immigrant visa.
DHS announces deferred action for DREAMers.
June 15, 2012. At the direction of
President Obama, Secretary of Homeland Security Janet
Napolitano announced that the Administration would defer
arresting or removing certain students and veterans who
came to the United States as children. The Secretary
further directed CIS to issue such persons deferred
action— temporary permission to remain lawfully in the
United States—and to authorize their employment.
 Under the new policy, an individual who —
• came to the United States under
the age of sixteen;
• has continuously resided in the United States for a
least five years preceding June 15, 2012 and is present in
the United States on that date;
• is currently in school, has graduated from high school,
has obtained a general education development certificate,
or is an honorably discharged veteran of the Coast Guard
or Armed Forces of the United States;
• has not been convicted of a felony offense, a
significant misdemeanor offense, multiple misdemeanor
offenses, or otherwise poses a threat to national security
or public safety;
• is not above the age of thirty
U.S.
Supreme Court strikes down key provisions of Arizona's
S.B. 1070
June 25, 2012. The United States Supreme
Court issued its decision today in Arizona
v. United States, the Justice Department's challenge to
Arizona's S.B. 1070. Among other things, S.B. 1070
imposes criminal penalties on undocumented work,
criminalizes failure to register with federal
immigration authorities, requires local police to
investigate the immigration of status of persons
encountered in their daily duties, and to detain those
suspected of being undocumented for federal agents.
The Supreme Court's
opinion is available here.
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