DACA Renewal Procedure TBD

By Kim Tremblay, Associate Attorney

A year and a half has already passed since USCIS accepted and approved the first applications for Deferred Action for Childhood Arrivals (“DACA”) in August 2012.  As DACA is granted for two years, many early DACA grantees are starting to think about renewing their status in the fall.  USCIS has not yet put into place the procedure to renew DACA. 

However, guidance has been issued for renewal of DACA applications filed with ICE between June 15 and August 15, 2012.  Most DACA applicants are not covered by these guidelines, but those who are should apply for renewal following USCIS’s  instructions 120 days before their DACA status expires.

More relevant to most DACA applicants, in December, USCIS posted drafts of the new I-821D application form and instructions online to solicit comments from the public.  Although it contains a section on renewal, the information is somewhat incomplete.  USCIS states on its website that final guidelines should be released in the next few months.  Hopefully, the agency will post something in April at the latest, to enable those with DACA expiring in August to apply for renewal 120 days before their status expires.     

What can DACA grantees do to prepare in the meantime?  First, they should periodically check the USCIS website for renewal information.  They should put money aside for the $465 filing fee, start gathering the supporting documents needed for renewal of the I-765 Employment Authorization Document, and be prepared to possibly document physical presence since being granted DACA.  They should also obtain paperwork regarding any new educational achievements or arrests, and consult an attorney if they have been arrested since obtaining DACA to confirm continued eligibility.  In addition, DACA applicants should contact their attorneys about six months before their status is set to expire.  This preparatory list is tentative, not exhaustive, and does not represent all the documents needed for renewal, but should provide applicants with a bit of guidance on how to start getting ready. 

Finally, individuals who think they qualify for DACA and have not applied can still do so and should consult and immigration attorney or accredited representative. 

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The Citizenship and Immigration Services Announces Enhanced E-Verify and Form I-9 Customer Support

Contributed by Melanie Corrin, Senior Attorney

On February 24, 2014 the United States Citizenship & Immigration Service announced a new customer service

option for individuals with questions about E-Verify, Form I-9, and Self Check.  Customers calling in will hear a new series of messages when calling the toll-free customer service number.

The new, enhanced options will give callers the option to use their voice or touch tone phone to navigate

to automated answers or a customer service representative.  The service includes “Intelligent call routing”
so that customers can be sent to the next available agent.

Live assistance is available Monday through Friday from 8:00 am EST to 5:00 pm local time, except on federal holidays.  Please contact the Joseph Law Firm, P.C. if you have questions about E-Verify, Employer Compliance, or any other immigration concerns. 

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Report Confirms Employer Fines for Lack of I-9 Compliance Have Skyrocketed

Contributed by Aaron Hall, Senior Attorney

 

Immigration and Customs Enforcement (ICE) enforces compliance with I-9 completion and retention requirements with administrative inspections of employers’ I-9 forms, initiated either from complaints received by the ICE tip line or from internal initiatives.  During the inspections, ICE looks for substantive and technical violations and will issue one of three dispositions:

(1) Compliance: No technical or substantive violations in paperwork and no unauthorized workers are identified, or technical paperwork violations are corrected in a timely manner (adjusted compliance).

(2) Warning: Violations are identified, but there is the expectation of future compliance by the employer.

(3) Fine: The employer has not acted in good faith and has substantive paperwork violations (usually, more than 50 percent of I-9 forms include substantive errors), which warrant a fine.

If ICE decides to impose a fine, it will receive a Notice of Intent to Fine.  The employer can attempt to negotiate a lower fine or may request a fine reduction with an administrative law judge.

According to a recent report from the Office of the Inspector General, between 2009 and 2012, almost a third of all inspections originating from the Denver ICE Office resulted in fines.  Nationally, $31.2 million in fines were issued by ICE between 2009 and 2012.  The $31.2 million total dwarfs the total of $1.5 million for fiscal years 2003 through 2008.  This is due to ICE’s 2009 implementation of a new strategy focusing on employers. 

ICE’s focus on enforcement through heavy employer fines is expected to continue.  If you have received a notice that ICE will be conducting an inspection or a Notice of Intent to Fine, contact our office as early in the process as possible to try to reduce any fines you may receive.  If you have not received any notice of an ICE audit but think that your I-9s may not be properly completed or retained and would like advice on how to minimize liability and ensure future compliance, contact us for a consultation.

Related Links:

Office of Inspector General Report

Joseph Law Firm Page on Compliance and I-9 Audits

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All You Need is Love?

Contributed by Kim Tremblay, Associate Attorney

As Valentine’s Day is approaches, if you are involved in a dual nationality romance, you might be longing for your foreign partners and wishing that he or she was in the United States.  Others with partners already in the United States may be fantasizing about finally getting their partner lawful status.  In popular culture and in the minds of many, marrying a United States citizen is an automatic ticket to United States citizenship.  In both my professional experience as an immigration attorney and personal experience as a Canadian immigrant married to a U.S. citizen, I can assure you that this is untrue.  In reality, when the process goes well, it can feel invasive, requires payment of many filing fees, has several steps, and involves lots of paperwork and waiting.  When the process does not go smoothly, it can lead to heartbreak and the inability for the partners to live together in the United States.  However, the aforementioned hassles will melt into the distant past once you are able to gaze lovingly into your lawful permanent resident spouse’s eyes. 

What must a dual nationality couple do to live happily ever after in the United States?  The answer to that question is quite complex and depends on a host of factors, including, but not limited to, the foreign partner’s immigration history, location, and  health; both partners’ criminal histories; the United States partner’s financial situation and immigration status; and whether the couple is already married or has met.  Depending on these factors, the best route may be a fiancé visa and subsequent adjustment of status in the United States, consular processing of an immigrant visa, or adjustment of status in the United States.

Before choosing any of these options, you must not be missing that crazy little thing called love.  Indeed, to obtain immigration benefits based on a marriage, a couple must show that they intended to establish a life together when they married.  Getting married solely to obtain a green card and without such intent constitutes marriage fraud.  Not only can the foreign applicant be deported and barred permanently from coming to the United States in the future, both parties can be fined up to $250,000 and face up to five years of imprisonment.  They say money can’t buy you love.  It can’t buy you a marriage-based green card either!

 

Given the multitude of factors at play, the risk of costly errors, and the different strategies available, a prenuptial consultation with an immigration attorney is always a good start.  An immigration attorney will be able to recommend the best course of action and expertly guide you through the process.  Happy Valentine’s Day!

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