F1 / 08 JUL 05 / 08 JUL 05 / 08 JUL 05 / 08 JUN 93 / 15JULY97
F2A / 15 FEB 10 / 15 FEB 10 / 15 FEB 10 / 01 FEB 10 / 15 FEB 10
F2B / 01 MAY 04 / 01 MAY 04 / 01 MAY 04 / 01 JAN 92 / 22 DEC 01
F3 / 15 APR 02 / 15 APR 02 / 15 APR 02 / 22 JAN93 / 22 JUL92
F4 / 22 JAN 01 / 08 JAN 01 / 22 JAN 01 / 08 JAN 96 / 01 FEB 89
Employment / All / CHINA- / INDIA / MEXICO / PHILIPPINES
1st / C / C / C / C / C
2nd / 01 JAN 09 / U / U / 01 JAN 09 / 01 JAN 09
3rd / 22 JUL 06 / 22 SEP 05 / 22 SEP02 / 22 JUL 06 / 08 JUN 06
Other Workers / 22 JUL 06 / 15 JUN 03 / 22 SEP 02 / 22 JUL 06 / 08 JUN 06
4th / C / C / C / C / C
Religious Work / C / C / C / C / C
UP COMING FORUM
CARIBBEAN IMMIGRANTS SERVICES
CALL (718) 276 8767 OR 7187237465
AND
VARIOUS CARIBBEAN ORGANIZATIONS
PRESENTS
IMMIGRATION UPDATE AND FEE REDUCTION FORUM
AT
CALL FOR LOCATION
ON
CALL FOR DATE
GET A FREE EVALUATION THE DREAM ACT AMNESTY(PRESIDENT OBAMA DEFERED ACTION) AND CITIZENSHIP APPLICATION / GREEN CARD
BRING YOUR TAX RETURN, PAY STUB, TWO PASSPORT PICTURES, GREENCARD, ARREST RECORD (IF ARRESTED)
WINSTON TUCKER, ESQ. AND IRWINE CLARE DIRECTORS
CARIBBEANIMMIGRANTS SERVICES
IMMIGRATION NEWS LETTER JULY 2012
WINSTON TUCKER, ESQ. AND IRWINE CLARE DIRECTORS
CALL (718)276-8767 OR (718)723-7465
EXERCISING PROSECUTORIAL DISCRETION IS NOT AMNESTY
Department of issued a memorandum that provides U.S. Immigration and Customs Enforcement (ICE) personnel guidance on the exercise of prosecutorial discretion to ensure that the agency's immigration enforcement resources are focused on the agency's enforcement priorities.
One of ICE's central responsibilities is to enforce immigration laws in coordination with U.S. Customs and Border Protection (CBP) and U.S. Citizenship and Immigration Services (USCIS). ICE, however, has limited resources to remove those illegally in the United States.
The agency must regularly exercise "prosecutorial discretion” to prioritize its efforts. In basic terms, prosecutorial discretion is the authority of an agency charged with enforcing a law to decide to what degree to enforce the law against a particular individual. ICE, like any other law enforcement agency, has prosecutorial discretion and may exercise” it in the ordinary course of enforcement. When ICE favorably exercises prosecutorial discretion, it essentially decides not to assert the fullscope of the enforcement authority available to the agency in a given case.
When weighing whether an exercise of prosecutorial discretion may be warranted for a given alien, ICE officers, agents, and attorneys should consider all relevant factors, including, but not limited to: length of presence in the United States, If the alien came to the United States as a young child, education in the United States, criminal history, family relationships, whether the person has a U.S. citizen or permanent resident spouse, child, or parent; whether the person is the primary caretaker of a person with a mental or physical disability, minor, or seriously ill relative etc.
DEFERED ACTION Prosecution for those who Came as Children
Department Of Homeland Security (DHS) memorandum, dated 6/15/2012, outlined how in the exercise of prosecutorial discretion, the Department of Homeland Security (DHS) should enforce the Nation's immigration laws against certain young people who were brought to this country as children and know only this country as home.
The following criteria should be satisfied before an individual is considered for an exercise of prosecutorial discretion pursuant to this memorandum:
Applicant came to the United States under the age of sixteen; has continuously resided in the United States for a least five years preceding the date of this memorandum and is present in the United States on the date ofthis memorandum; 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; and is not above the age of thirty.
ICE should exercise prosecutorial discretion, on an individual basis, for individuals who meet the above criteria by deferring action for a period of two years, subject to renewal, in order to prevent low priority individuals from being removed from the United States.
As part of this exercise of prosecutorial discretion, the above criteria are to be considered whether or not an individual is already in removal proceedings or subject to a final order of removal. No individual should receive deferred action under this memorandum unless they first pass a background check and requests for relief pursuant to this memorandum are to be decided on a case by case basis. DHS cannot provide any assurance that relief will be granted in all cases.
The government will inform the public how to apply, within 60 days or by August 13, 2012. Until then, you can begin gathering the documents that you will need to apply for deferred action: Documents, such as a birth certificate or passport, showing age on June 15, 2012; Financial records, medical records, school records, employment records, and military records that demonstrate an individual came to the U.S. before the age of 16, AND resided in the U.S. for at least five years preceding June 15, 2012 and was physically present in the U.S. as of June 15, 2012;
School records, including diplomas, GED certificates, report cards, school transcripts and other evidence of enrollment, or documentation as an honorably discharged veteran of the U.S. Armed Forces or Coast Guard.
EMPLOYMENT AUTHORIZATION
Employment authorization is a requirement of all non citizens to work in the United States because of that, many employees who are unfamiliar with the requirements of the law are encountering immigration issues related to employment for the first time are bewildered by the fact that U.S. immigration laws do not provide for them to work in the U.S.A.
The INS regulations establish those classes of aliens who are authorized to work incident to their immigration Visa, those aliens who are permitted to work for a specific employer and those aliens who may be eligible for employment authorization. The various classes of aliens who have employment authorization in the United States do not all require the same procedures in order to obtain the authorization, nor do they receive the same kinds of documents to establish permission to work.Employers are charged with verifying the employment eligibility of any worker hired after November 6, 1986.
Employment authorization documents are issued by the USCIS to those classes of non-permanent resident aliens eligible for employment authorization under certain conditions. I-765 for employment authorization document must be filed if authorization to work is not incident to visa status such as:
Aliens admitted to the United States as refugees and political asylees. Those who are paroled into the United States as refugees or who are granted status as asylees are employment authorized for the period of time they hold that status. In general, those aliens holding asylee and “refugee parole” status are provided EADs valid for periods of one year.
Alien entering the United States with nonimmigrant fiancé visa or the child of such alien are employment authorized for the validity period of that status, but such individuals must have an EAD.
Aliens who are in deportation or removal proceedings or have been granted withholding of deportation or removal are employment authorized for the time allotted under that status, as are aliens who have been granted extended voluntary departure. They must obtain EAD as evidence as such authorization.
Aliens granted Temporary Protected Status, aliens granted voluntary departure based upon the Family Unity Program as well as aliens qualifying for and applying for adjustment of status are also authorized for employment, with the requirement that they apply for and obtain an EAD issued by the USCIS.
Foreign students in the United States with F-1 nonimmigrant visa may accept employment only under certain conditions except optional practical training. Employment based on severe economic hardship, and internships with recognized international organizations is allowed after first obtaining INS approval evidenced by an EAD.
CURRENT VISA BULLETIN (AVAILABILITY) STATUTORY NUMBERS
This bulletin summarizes the availability of immigrant numbers during January. Allocations were made, to the extent possible, in chronological order of reported priority dates, for demand received by December 8th. The cut-off date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits. Only applicants who have a priority date earlier than the cut-off date may be allotted a number. If it becomes necessary during the monthly allocation process to retrogress a cut-off date.
Annual minimum family-sponsored preference limit is 226,000. The worldwide level for annual employment-based preference immigrants is at least 140,000.Per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620.