DISCLAIMER: THE INFORMATION IN THIS BLOG IS PROVIDED FOR GENERAL INFORMATION ONLY. THE OFFICE OF NORKA M. SCHELL, LLC AND/OR ITS MEMBERS AND/OR EMPLOYEES MAKE NO WARRANTY REGARDING THE ACCURACY OF THIS INFORMATION. WHILE SOME OF THE INFORMATION IS ABOUT LEGAL ISSUES, IT IS NOT LEGAL ADVICE.
August 3, 2012
IMMIGRATION AND POLICY: DHS Outlines Deferred Action for Childhood Arrival...
IMMIGRATION AND POLICY: DHS Outlines Deferred Action for Childhood Arrival...: Posted by Norka M. Schell, Esq. Law Offices of Norka M. Schell, LLC The Department of Homeland Security t oday provided additional info...
DHS Outlines Deferred Action for Childhood Arrival Process
Posted by Norka M. Schell, Esq.
Law Offices of Norka M. Schell, LLC
The Department of Homeland Security today provided additional information on the deferred action for childhood arrivals process in preparation for the August 15 implementation date.
On June Secretary of Homeland Security Janet Napolitano announced that certain young people who came to the United States as children and meet other key guidelines may be eligible, on a case-by-case basis, to receive deferred action. U.S. Citizenship and Immigration Services (USCIS) is finalizing a process by which potentially eligible individuals may request consideration of deferred action for childhood arrivals.
USCIS expected to make all forms, instructions, and additional information relevant to the deferred action for childhood arrivals process available on August 15 2012. USCIS will then immediately begin accepting requests for consideration of deferred action for childhood arrivals.
The information shared during today's call includes the following highlights:
1. Requestors - those in removal proceedings, those with final orders, and those who have never been in removal proceedings - will be able to affirmatively request consideration of deferred action for childhood arrivals with USCIS.
2. Requestors will use a form developed for this purpose
3. Requestors will mail their deferred action request together with an application for an employment authorization document and all applicable fees to the USCIS lockbox.
4. All requestors must provide biometrics and undergo background checks.
5. All four USCIS Service Center will review requests.
It is important to note that this process is not yet in effect and individuals who believes they meet the guidelines of this new process should not request consideration of deferred action before August 15, 2012.
Be aware of scam and unauthorized practitioners of immigration law.
For more information, contact (212)564-1589.
Law Offices of Norka M. Schell, LLC
The Department of Homeland Security today provided additional information on the deferred action for childhood arrivals process in preparation for the August 15 implementation date.
On June Secretary of Homeland Security Janet Napolitano announced that certain young people who came to the United States as children and meet other key guidelines may be eligible, on a case-by-case basis, to receive deferred action. U.S. Citizenship and Immigration Services (USCIS) is finalizing a process by which potentially eligible individuals may request consideration of deferred action for childhood arrivals.
USCIS expected to make all forms, instructions, and additional information relevant to the deferred action for childhood arrivals process available on August 15 2012. USCIS will then immediately begin accepting requests for consideration of deferred action for childhood arrivals.
The information shared during today's call includes the following highlights:
1. Requestors - those in removal proceedings, those with final orders, and those who have never been in removal proceedings - will be able to affirmatively request consideration of deferred action for childhood arrivals with USCIS.
2. Requestors will use a form developed for this purpose
3. Requestors will mail their deferred action request together with an application for an employment authorization document and all applicable fees to the USCIS lockbox.
4. All requestors must provide biometrics and undergo background checks.
5. All four USCIS Service Center will review requests.
It is important to note that this process is not yet in effect and individuals who believes they meet the guidelines of this new process should not request consideration of deferred action before August 15, 2012.
Be aware of scam and unauthorized practitioners of immigration law.
For more information, contact (212)564-1589.
IMMIGRATION AND POLICY: ADMINISTRATIVE CLOSURE & TERMINATION OF PROCEEDING...
IMMIGRATION AND POLICY: ADMINISTRATIVE CLOSURE & TERMINATION OF PROCEEDING...: Author: Norka M. Schell, Esq. Law Offices of Norka M. Schell, LLC THE DIFFERENCE BETWEEN ...
ADMINISTRATIVE CLOSURE & TERMINATION OF PROCEEDINGS
Author: Norka M. Schell, Esq.
Law Offices of Norka M. Schell, LLC
THE DIFFERENCE BETWEEN
ADMINISTRATIVE CLOSURE AND TERMINATION OF PROCEEDINGS
If you are in immigration proceedings or know someone who is in proceedings, you may have heard the terms "administrative closure" and "termination of proceedings." What are these terms and what are the differences between them?
Administrative closure is a procedural mechanism used to temporarily remove a case from the immigration court's calender. The Board of Immigration Appeals (Board) "urged" Department of Homeland Security (DHS) to administratively close cases where there is a pending visa petition that is prima facie approvable. In evaluating a request for administrative closure, Immigration Judges have the authority to administratively close a case which is before him or her over a party's objection where it is "otherwise appropriate under the circumstance." A person whose case has been administratively closed remains in removal proceedings, and either party ( the respondent or the DHS ) can request that the case be placed back on the court's calender at any time. A party, whose case has been administratively close, does not waive any rights obtained when the case was closed.
By contrast, termination of proceedings means that the case has ended and the respondent is no longer in removal proceedings. A party in proceedings may request the court for dismissal of his case and only the court, upon motion, may then terminate the proceedings. The reason for termination include that the Notice to Appear was "improvidently issued." Upon termination, the individual will revert to the same status he or she was in prior commencement of proceedings. If the government wants to place the individual back into proceedings after a case is terminated, it must file a new Notice to Appear with the court.
Whether a request for an administrative closure or a motion to terminate proceedings might be filed in a particular case, it is a legal question.
Law Offices of Norka M. Schell, LLC
THE DIFFERENCE BETWEEN
ADMINISTRATIVE CLOSURE AND TERMINATION OF PROCEEDINGS
If you are in immigration proceedings or know someone who is in proceedings, you may have heard the terms "administrative closure" and "termination of proceedings." What are these terms and what are the differences between them?
Administrative closure is a procedural mechanism used to temporarily remove a case from the immigration court's calender. The Board of Immigration Appeals (Board) "urged" Department of Homeland Security (DHS) to administratively close cases where there is a pending visa petition that is prima facie approvable. In evaluating a request for administrative closure, Immigration Judges have the authority to administratively close a case which is before him or her over a party's objection where it is "otherwise appropriate under the circumstance." A person whose case has been administratively closed remains in removal proceedings, and either party ( the respondent or the DHS ) can request that the case be placed back on the court's calender at any time. A party, whose case has been administratively close, does not waive any rights obtained when the case was closed.
By contrast, termination of proceedings means that the case has ended and the respondent is no longer in removal proceedings. A party in proceedings may request the court for dismissal of his case and only the court, upon motion, may then terminate the proceedings. The reason for termination include that the Notice to Appear was "improvidently issued." Upon termination, the individual will revert to the same status he or she was in prior commencement of proceedings. If the government wants to place the individual back into proceedings after a case is terminated, it must file a new Notice to Appear with the court.
Whether a request for an administrative closure or a motion to terminate proceedings might be filed in a particular case, it is a legal question.
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