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August 11, 2012

IMMIGRATION AND POLICY: DEFERRED ACTION FOR CHILDHOOD ARRIVALS

IMMIGRATION AND POLICY: DEFERRED ACTION FOR CHILDHOOD ARRIVALS: By Attorney Norka M. Schell On August 3, 2012, the Department of Homeland Security (DHS) announced that USCIS will begin accepting request...

DEFERRED ACTION FOR CHILDHOOD ARRIVALS

By Attorney Norka M. Schell

On August 3, 2012, the Department of Homeland Security (DHS) announced that USCIS will begin accepting request for Deferred Action for Childhood Arrival on August 15, 2012, when USCIS expects to post the application form and instructions on its website. Requests for relief are to be decided on a case-by-case basis, and applicants must pass a background check before they can receive deferred action.

I advise the Childhood Arrivals to proceed with caution because the deferred action is a discretionary decision where DHS will determine on a case-by-case of not to pursue enforcement against a person for a specific period. A grant of a deferred action status will not confer lawful immigration status, alter an individual's existing immigration status, or provide a path to citizenship. It only means that time in deferred action status will be considered a period of stay authorized the Secretary of DHS. DHS can renew or terminate a grant of deferred action at any time.

If you need assistance regarding Deferred Action, you should contact my office at (212)564-1589.

LAW OFFICES OF NORKA M SCHELL, LLC: PROSECUTORIAL DISCRETION NOTICE

IMMIGRATION AND POLICY: PROSECUTORIAL DISCRETION NOTICE: Posted by Attorney Norka M. Schell EOIR HAS POSTED THE FOLLOWING NOTICE ON ITS WEBSITE In 2011, the Department of Homeland Security (DH...

PROSECUTORIAL DISCRETION NOTICE

Posted by Attorney Norka M. Schell

EOIR HAS POSTED THE FOLLOWING NOTICE ON ITS WEBSITE

In 2011, the Department of Homeland Security (DHS) announced a new process to ensure that its resources are focused on its highest enforcement priorities. This process is referred to as "prosecutorial discretion," or "PD." Under the PD, DHS reviews pending cases to see whether they meet certain criteria for cases that are considered a low enforcement priority. If a case meets the criteria, DHS  may request "administrative closure" of the case.

"Administrative closure" is an order by the court that removes the case from the court's calendar of hearings. Administrative closure does not mean that your case is completed or that the court has granted any application for relief that you may have filed with the court. If the court orders your case administratively closed, it simply means you will have no further hearings unless you or DHS specifically ask the court to schedule a hearing.

DHS is currently reviewing cases already filed with and pending before the Immigration Court to see whether any cases should be administratively closed. If DHS agrees that your case meets the PD criteria, then DHS may file a motion asking the court to administratively close your case. Immigration judges are prepared to adjudicate these motion on a case-by-case basis as they are filed.

If you need further guidance regarding PD, you should contact my office at (212)564-1589 or website www.lawschell.com. If you have questions, you may also contact the Office of Chief Counsel. Contact information is also available at http://www.ice.gov/contact/opla/.

HOUSE PASSES STUDENT VISA REFORM ACT

IMMIGRATION AND POLICY: HOUSE PASSES STUDENT VISA REFORM ACT: Posted by: ATTORNEY NORKA M. SCHELL Tel. (212)564-1589 On August1, 2012, the House of Representatives passed H.R. 3120, the Student Vis...

HOUSE PASSES STUDENT VISA REFORM ACT


Posted by: ATTORNEY NORKA M. SCHELL
Tel. (212)564-1589

On August1, 2012, the House of Representatives passed H.R. 3120, the Student Visa Reform Act.
The bill amends INA Section 214(m) so that only schools accredited by an accrediting agency recognized by the Secretary of Education would be eligible to sponsor students for non immigrant visas.docs.house.gov/billsthisweek/.../BILLS-112hr3120-SUS.pdf