Chander Law Firm News

Notes from the DBA Minority Attorney Program CLE

Fri, 12 Apr 2013 14:58:00 -0500

DALLAS, TEXAS - On April 12, 2013, Vishal Chander, Managing Attorney of The Chander Law Firm, spoke at the Dallas Bar Association Minority Attorney Program CLE on the intersections of Immigration Law with other areas of law practice. Mr. Chander gave a general outline of immigration issues that arise in the context of criminal law, family law, and employment law.

Below is a link to the Power Point accompanying the presentation.

ALERT: Senators Unveil Bipartisan Framework for Comprehensive Immigration Reform

Mon, 28 Jan 2013 16:37:00 -0600

WASHINTON, D.C. – On January 28, 2013, a bipartisan group of senators announced a proposed plan for Comprehensive Immigration Reform legislation. Senators Charles Schumer (D-NY), John McCain (R-AZ), Dick Durbin (D-IL), Lindsay Graham (R-SC), Bob Menendez (D-NJ), Marco Rubio (R-FL), Michael Bennett (D-CO), and Jeff Flake (R-AZ) unveiled a four point plan committing resources to securing the border, modernizing and streamlining the current immigration system, and creating a tough but fair path to legalization for those currently in the United States.

The first legislative pillar is to create a path to citizenship for “unauthorized” immigrants already in the United States that is contingent on securing the border and combating visa overstays. The proposal includes providing increased technology to border officials including unmanned aerial vehicles (drones) and other surveillance and communication equipment. The proposal also suggests an entry-exit tracking system to ensure departure compliance and other efforts to combat visa overstays.

Pathway to “Probationary Legal Status”

Most importantly, the first pillar suggests a pathway to “probationary” legal status for those who came or remained in the United States without permission. The plan would require registration, passing of background checks, payment of taxes, learning English and civics, a history of work in the United States, and current employment.

Those with serious criminal backgrounds or who pose a threat to national security will be ineligible and subject to deportation. Probationary status holders will also be ineligible for federal public benefits.

Probationary Applicants go to the Back of the Line

While those granted probationary status may be eligible for lawful permanent resident status (green cards), they will have to wait for the current green card application backlog, which goes back to 1989 for some categories, to be cleared. The purpose is to ensure that those who violated American law do not get preferential treatment to those who have lawfully waited for their green cards.

Preference will be given to those who entered as minor children and did not knowingly choose to violate any immigration laws. Preference will also be given to agricultural workers.

STEM and Family Based Relief

The second prong of the plan is to focus on changing the immigration system to encourage innovation and economic growth as well as address current family based immigration backlogs. The proposal will include awarding green cards to those receiving PhDs and Master’s degrees in science, technology, engineering, or math from a United States university.

Mandatory Employment Verification

The third prong of the proposal includes heightened and mandatory employment verification requirements.

Expansion of H-2A and H-2B Like Programs

The fourth prong of the legislation would include new options for businesses to sponsor lower skilled workers to fill occupations American workers are unavailable or unwilling to fill.

Not Much New to Proposal

The proposal mirrors the immigration bills that have been previously brought before Congress. It combines elements of previous legalization proposals, the DREAM Act, the Special Agricultural Worker program, and other legislation meant to reduce the immigration backlog for employment based and family based green card applicants.

While the proposals are likely to obtain passage through the Senate, it is difficult to gauge whether the House of Representatives will allow legislation to move forward. Certain members of the Republican party have expressed the importance of passing immigration reform legislation in the courting of Latino voters and it is possible that this immigration proposal will receive enough support to be passed in the House.

Contact The Chander Law Firm if you have questions regarding Comprehensive Immigration Reform or any other issues.

Publicacion de The Chander Law Firm sobre los permisos espaciales en estancia ilegal

Wed, 09 Jan 2013 11:33:00 -0600

Nueva Regla Permite el Procesamiento de Dispensas de Inadmisibilidad sin separaciones largas entre familias

El 3 de Enero de 2013, USCIS publicó una nueva regla que permite a ciertos inmigrantes quienes son familiares inmediatos de ciudadanos de los Estados Unidos para solicitar permisos especiales de inadmisibilidad por estancia ilegal sin tener que salir de los Estados Unidos.

Con anterioridad, los inmigrantes que ingresaban al país ilegalmente y se contraían matrimonio con ciudadanos de los Estados Unidos o tienen hijos de los Estados Unidos de edad adulta debían salir de los Estados Unidos para solicitar su “green card”. Durante dicho proceso también debían solicitar un perdón de inadmisibilidad por “estancia ilegal”. La revisión de esta solicitud podía tomar desde meses hasta años. Las familias sufrían la separación de sus seres queridos sin la certidumbre de cuanto tiempo estarían lejos o si ese miembro de la familia que solicitaba su tarjeta de residencia (green card) iba a poder regresar.

La nueva regla beneficiará aquellos que hayan cruzado la frontera ilegalmente y ahora estén casados con un(a) ciudadano (a) estadounidense, o tengan hijos de edad adulta ciudadanos estadounidenses. Los solicitantes podrán además solicitar el permiso especial (waiver) antes de salir de los Estados Unidos y obtener una aprobación provisional del permiso especial (waiver).

Esta nueva regla se llama "Provisional Unlawful Presence Waiver" (Permiso Especial Provisional de Estancia Ilegal). Existen dos beneficios para esta regla. Primero, disminuirá el tiempo que la familia estará separada al solicitar una “green card” en el Consulado de los Estados Unidos. Segundo, los solicitantes no se enfrentarán a la incertidumbre de estar atrapados fuera de los Estados Unidos en caso de que se niegue el permiso especial.

El permiso especial (waiver) se solicita bajo la forma I-601A. USCIS aceptará solicitudes de los permisos especiales bajo la nueva regla a partir del 04 de marzo del 2013.

Contacte a The Chander Law Firm si tiene preguntas respecto al programa de Permiso Especial (waiver) de Estancia Ilegal.

Notas importantes respecto al I-601A

Debe ser "familiar inmediato".
Debe ser el beneficiario de una forma I-130 o I-360 aprobada.
Debe tener un caso pendiente en el National Visa Center y tener pagada su cuota de visa para inmigrante.
Debe poder demostrar que su separación provacará problemas o dificultades extremas para el ciudadano estadounidense (padre o cónyuge).
Debe estar disponible en los Estados Unidos para una cita de biométricos (toma de huellas dactilares).
Si su entrevista consular estaba agendada antes del 3 de enero de 2013, usted no califica para el programa de provisional waiver program.
Si se encuentra en proceso de deportación, no puede hacer solicitud a menos que el procedimiento sea administrativo cerrado o terminado.
Si usted no califica para tarjeta de residencia (green card) por cualquier otra razó distinta a la estancia ilegal, no puede llenar solicitud para este programa.

Guía Rápida de Inadmisibilidad: ¿Qué es la estancia ilegal?

Los ciudadanos extranjeros que solicitan la residencia legal en Estados Unidos se les niega la entrada si están sujetos a uno o más casos de inadmisibilidad. Las bases de inadmisibilidad hacen que un extranjero no sea elegible para ingresar a los Estados Unidos e incluyen cuestiones de salud, delitos, seguridad nacional, políticas extranjeras, estatus de migración, entre otros.

La estancia ilegal (unlawful presence) es una base de inadmisibilidad a la que están sujetos muchos extranjeros indocumentados, y puede resultar en una prohibición de ingresar a los Estados Unidos hasta por diez años.

La sección 212(a)(9)(B) del “Immigration and Nationality Act” define la estancia ilegal (unlawful presence) como “Un extranjero está ilegalmente en los Estados Unidos si dicho extranjero se encuentra en el país después de que su período autorizado de estancia ha expirado o si el extranjero a ingresado a los Estados Unidos sin haber sido admitido. Si el extranjero se encuentra presente por 180 días hasta un año, dicho extranjero tendrá prohibida la entrada a los Estados Unidos durante tres años. Si el extranjero está en los Estados Unidos por un año o más, se le prohibirá la entrada por un período de diez años.

Un extranjero puede solicitar su permiso especial (waiver) de estancia ilegal al comprobar que negarle la entrada provocaría dificultades extremas al ciudadano estadounidense padre o cónyuge.

Anteriormente, las solicitudes para permisos especiales para inadmisibilidad debían ser hechas por el ciudadano extranjero desde fuera de los Estados Unidos. El resultado era que los solicitantes podrían estar separados de sus familias en Estados Unidos durante mucho tiempo. El nuevo programa de Permiso Especial para la Estancia Ilegal (Provisional Unlawful Presence Waiver) tiene como finalidad reducer la duración de dicha separación al permitir que los ciudadanos extranjeros soliciten dicho permiso antes de salir de los Estados Unidos para solicitar su tarjeta de residencia (green card).

Contact The Chander Law Firm para resolver sus dudas sobre estancia ilegal o cualquier otra asunto de inmigración.

Para obtener un permiso especial: ¿Qué son dificultades o problemas extremos? (Extreme Hardship)

Para solicitar exitosamente el permiso especial de estancia ilegal se debe comprobar que de ser negada la entrada al ciudadano extranjero, el ciudadano estadounidense o residente permanente sufriría dificultades o problemas extremos. Las dificultades o problemas extremos deben ser comprobadas de manera clara y convincente y pueden ser difíciles de establecer.

El gobierno debe tomar en cuenta cualquier solicitud de dificultad extrema con las siguientes premisas: 1) la presencia del pariente que califica dentro de los Estados Unidos; 2) Relaciones familiares que califican fuera de los Estados Unidos; 3) las condiciones del país a donde se reubicará; 4) el impacto financiero de la partida; y 5) condiciones especiales respecto a la salud, especialmente cuando se trata de la falta de cuidados especiales en el país de la reubicación. Las dificultades en base a las diferencias culturales, falta de empleo o problemas económicos, problemas emocionales o ligas a la comunidad no son suficientes en sí solas para constitiuir dificultades extremas. De cualquier manera, la acumulación de dichos factores puede dar a lugar a la determinación de dificultades extremas.

La solicitud por dificultades extremas incluye evidencia en documentos que indica la dificultad extrema, así como una explicación legal de porqué se debe considerar como dificultad. Su abogado le puede pedir que recolecte documentación respecto a cuestiones de salud, boletas de calificaciones de sus hijos, trabajo y finanzas y ligas a la comunidad. Su abogado le puede pedir que acuda a una evaluación psicológica para determinar el impacto de la separación. Así mismo su abogado también le puede pedir información respecto a las condiciones del país a su regreso, incluyendo artículos respecto a la salud y condiciones de seguridad pública.

No todas las familias tienen casos fuertes para demostrar problemas o dificultades extremas (extreme hardship). Debe discutir su vida familiar con toda honestidad con su abogado para que este le asesore si debe solicitar un permiso (waiver) sobre dificultad extrema.

Si tiene mas preguntas sobre dificultades extremas, contact The Chander Law Firm por teléfono o email hoy mismo.

Newsletter on the Provisional Unlawful Presence Waiver Program

Wed, 09 Jan 2013 11:25:00 -0600

New Rule Allows Waiver Processing Without Long Family Separation

On January 3, 2013, USCIS published a new rule which allows certain aliens who are immediate relatives of United States citizens to apply for waivers of inadmissibility for the unlawful presence bar without leaving the United States.

Previously, aliens who entered the country illegally and were married to United States citizens or had United States adult children had to depart the United States to apply for a green card. During the process they would also have to seek waiver of inadmissibility for "unlawful presence." Review of the waiver application could take months or years. Families would be separated from their loved ones with no certainty of how long or whether the family member applying for the green card would come back at all.

The new rule will benefit individuals who crossed the border illegally and who are now married to a United States citizen or have an adult United States citizen child. Applicants will now be able to apply for the waiver before leaving the United States and obtain a provisional approval of the waiver.

The new rule is called the "Provisional Unlawful Presence Waiver." There are two benefits to the rule. First, it will shorten the time family members will be separated when applying for a green card at the United States consulate. Second, applicants will not face the uncertainty of being trapped outside of the United States in the event the waiver is denied.

The waiver is submitted on Form I-601A. USCIS will begin accepting waiver applications under the new rule on March 4, 2013.

Contact The Chander Law Firm if you have questions regarding the Provisional Unlawful Presence Waiver program.

Important Tips to Remember About the I-601A

You must be an "immediate relative".
You must be the beneficiary of an approved I-130 or I-360.
You must have a case pending the with National Visa Center and you must have paid the Immigrant Visa fee.
You must be able to demonstrate that your separation will cause extreme hardship to a United States citizen spouse or parent.
You must be available in the United States for a biometrics (fingerprinting) appointment.
If you were scheduled for a consular interview before January 3, 2013, you are not eligible for the provisional waiver program.
If you are in removal (deportation proceedings), you may not apply unless your proceedings are administrative closed or terminated.
If you are ineligible for a green card for any reason other than unlawful presence, you may not apply under the provisional waiver program.

A Quick Guide to Inadmissibility: What is Unlawful Presence?

Foreign nationals applying for lawful permanent resident status will be denied admission to the United States if they are subject to one or more grounds of inadmissibility. Grounds of inadmissibility make an alien ineligible to enter the United States and include health related, criminal, national security, foreign policy, immigration status, and other grounds.

"Unlawful presence" is a ground of inadmissibility that many undocumented aliens in the United States are subject to and can result in a 10 year bar to reentering the United States.

Section 212(a)(9)(B) of the Immigration and Nationality Act defines "unlawful presence". An alien is unlawfully present in the United States if the alien is present after the period of authorized stay has expired or if the alien has entered the United States without being admitted or paroled. If an alien is unlawfully present for 180 days up to 1 year, the alien will be prohibited from seeking reentry to the United States for 3 years. If the alien is unlawfully present for one year or more, the alien will be inadmissible for a period of 10 years.

An alien may apply for a waiver of the "unlawful presence" ground of inadmissibility by showing that extreme hardship would result to a United States citizen or lawful permanent resident spouse or parent from the refusal of admission.

Previously, applications for waivers of inadmissibility had to be made by an alien from outside the United States. The result was that applicants could be separated from their United States family for very long durations. The new Provisional Unlawful Presence Waiver seeks to reduce the duration of separation by allowing aliens to apply for the waiver or unlawful presence before exiting the United States to apply for the green card.

Contact The Chander Law Firm if you have questions regarding unlawful presence or any other immigration issue today.

Obtaining a Successful Waiver: What is Extreme Hardship?

A successful application for the unlawful presence waiver must establish that extreme hardship would result to a United States citizen or lawful permanent resident spouse or parent (qualifying relative) if the alien were refused admission. Extreme hardship must be demonstrated by clear and convincing evidence and can be difficult to establish.

The government must consider any claim of extreme hardship, including the following nonexclusive factors: 1) presence of the qualifying relative in the United States; 2) qualifying family member family ties outside the United States; 3) conditions in country of relocation; 4) financial impact of the departure; and 5) significant conditions of health, especially when tied to the unavailability of care in the country of relocation. Hardship based on cultural difference, reduced job opportunities or economic hardship, emotional hardship, or community ties alone do not constitute extreme hardship. However, the cumulative impact of these factors may result in a finding of extreme hardship.

An application for extreme hardship includes documentary evidence of the hardship and a legal brief explaining why there should be a finding of hardship. Your lawyer may ask you to collect documentation regarding health issues, children's academic performance, employment and finance, and ties to your community. Your lawyer may ask for you and your family member to be evaluated by a psychologist to assess the emotional impact of separation. Your lawyer may also ask you to obtain information regarding the conditions in the country of return, including articles on health and public safety.

Not all families have strong cases for demonstrating extreme hardship. You must honestly discuss your family life with your lawyer in order for your lawyer to assess whether you should pursue an extreme hardship waiver.

If you have more questions regarding extreme hardship, contact The Chander Law Firm by telephone or email today.

Highlights from from the Provisional Waiver Teleconference

Thu, 03 Jan 2013 16:21:00 -0600

On January 2, 2013, USCIS held a stakeholder teleconference regarding the Provisional Unlawful Presence Waiver process. The teleconference was presented by Mary Herrmann of the USCIS Public Engagement office and was attended by USCIS Director Alejandro Mayorkas and Ed Romakowski from the Department of State. Some of the highlights of the teleconference are below.

Director Mayorkas provided an introduction to the Provisional Unlawful Presence Waiver program. He described the April 2, 2012 proposed rule and commentary period initially intended to reduce the time United States citizens were separated from immediate relatives during consular processing due to review of waiver applications. He announced publication of the final rule on January 3, 2013 and implementation of the rule effective March 4, 2013.

Director Mayorkas emphasized the following criteria for eligibility in the program:

you must be 17 years or older
you must be an "immediate relative"
you must be the beneficiary of an approved I-130 or I-360
you must have an immigrant visa case pending with the Department of State and you must have paid the Immigrant Visa processing fee
you must be able to demonstrate that your separation will cause extreme hardship to a United States citizen spouse or parent
you must be available for a biometrics (fingerprinting) appointment in the United States
your immigrant visa interview must not be in process or scheduled prior to publication of the final rule (January 3, 2013)

Director Mayorkas emphasized the goal of the program is to facilitate the immigration process and reduce periods of separation. He added that the new rule does not change the standard for determination of eligibility or extreme hardship.

Director Mayorkas emphasized that those who are already scheduled for an immigrant visa interview before publication of the rule are not eligible for the program. This would exclude any person whose Immigrant Visa Package has been sent to the consulate and previously been scheduled for an interview before January 3, 2013.

Director Mayorkas also emphasized that he program is open only to those that can show extreme hardship to a United States citizen spouse or parent. This means that waiver applications based on extreme hardship to a lawful permanent resident spouse or parent are not eligible under new rule.

Those approved under the Provisional Unlawful Presence Waiver program would still have to depart the United States to attend an immigrant interview abroad.

March 4, 2013 is the first date a person can file for waiver under the program. USCIS will reject any package received before that date.

Director Mayorkas stated that a considerable number of comments were received - around 4,000. The comments resulted in significant changes. First, many comments focused on expanding the categories to include lawful permanent residents. USCIS will consider expanding the process to other categories after assessing the impact of the provisional waiver process. Next, a person may file multiple applications under the provisional waiver process provided the requirements of the rule are met in the event an application is withdrawn or denied. Third, comments were considered regarding eligibility under the program if the person is in removal proceedings and proceeding are administratively closed and the person is not removed at the time of filing.

During the question and answer session, USCIS made the following clarifications:

Individuals in proceedings may apply for the provisional waiver program only if their cases are administratively closed or terminated
In the event that the provisional waiver is denied, USCIS will issue NTAs according to their NTA policy (available here)
Individuals who are subject to any grounds of inadmissibility other than unlawful presence are not eligible for the program
ICE continues to retain discretion as to whether to administratively close or terminate cases
Consular officers may continue to look for other ineligibilities despite the fact that a person has a provisional waiver.
There is no estimated approval timeline. A timeline may be set after analyzing the volume of cases

The decision to preclude individuals from filing while in removal proceedings was for operational feasibility for the process to go smoothly.

The fee for the application will be a total of $670 ($585 for Form I-601A + $85 for biometrics).

Changes will be made to NVC processing in light of the new program. The Immigrant Visa Fee form will contain information regarding the provisional waiver program, as will the Department of State website. The NVC will need to be notified of intent to apply for the I-601A waiver.

In the question portion of the teleconference, USCIS reiterated that if the Department of State has initiated process to have an appointment before the date of rule publication, there is no in country filing.

The remaining questions and answers reiterated what was already stated.

If you have any questions regarding the Provisional Unlawful Presence Waiver process, contact The Chander Law Firm.

NEWS: USCIS Issues Final Rule for In Country Provisional Unlawful Presence Waiver Applicants

Thu, 03 Jan 2013 14:26:00 -0600

On January 3, 2013, United States Citizenship and Immigration Services (USCIS) published a final rule in the Federal Register allowing certain immediate relatives of United States citizens who are physically present in the United States to apply for and obtain provisional waivers of inadmissibility for the immigration violation of unlawful presence. The Department of Homeland Security anticipates the changes will reduce the length of time United States citizens are separated from their immediate relatives who must consular process outside of the United States. The new rule will rule will be effective March 4, 2013.

Under current law, United States citizens may sponsor foreign spouses and parents for lawful permanent resident status (green cards) in the category of "immediate relative." If the immediate relative resides in the United States but entered the United States was not admitted or inspected by an immigration officer, the immediate relative must travel to a United States consulate in a foreign country to apply for their green card. Many will trigger an unlawful presence bar of inadmissibility when leaving the United States, which prohibits reentry to the United States for a period of three or ten years. Previously, applicants who trigger the unlawful presence bar would need to submit an application for waiver of the unlawful presence bar at the consulate outside of the United States. Because the waiver of inadmissibility application could take between months to years to adjudicate, United States citizens were often separated from their immediate family members for long durations.

The new rule sets out to reduce the duration of time families are separated by allowing immediate relatives to apply for waiver of the unlawful presence bar before leaving the United States for consular processing. The result of the rule is that immediate relative applicants for green cards at United States consulates abroad would have to remain outside the United States and away from their families in the United States for a shorter period of time.

The new rule will directly impact many "illegal aliens" who are married to United States citizens, but have been unwilling to apply for permanent resident status because of fears of being trapped outside the United States and separated from their families.

The new rule has many limitations. The new rule covers only "immediate relatives." Foreign nationals in other family based categories are not eligible and must seek waivers outside the United States. The new rule covers only waivers for "unlawful presence" and no other bars of inadmissibility. An applicant for waiver of inadmissibility for unlawful presence under the new rule must successfully show extreme hardship would result to a United States citizen spouse or parent from the separation. The new rule does not include lawful permanent resident spouses or parents.

Persons interested in the provisional waiver program may contact The Chander Law Firm for more information.

Provisional Unlawful Presence Waivers of Inadmissibility for Certain Immediate Relatives, 78 Fed. Reg. 536 (Jan 3. 2013). pdf

Provisional Unlawful Presence Waivers of Inadmissibility for Certain Immediate Relatives, 78 Fed. Reg. 536 (Jan 3. 2013). html

UPDATE: Texas Driver’s Licenses and Correcting Your Records on SAVE

Wed, 14 Nov 2012 14:23:00 -0600

The State of Texas has issued revised guidance on the process for foreign nationals to obtain driver’s licenses. The Texas Department of Public Safety (DPS) requires verification documentation demonstrating the applicant meets lawful presence requirements. DPS is then verifying documentation with USCIS’ Systematic Alien Verification for Entitlements (SAVE) program. Even if applicants provide valid proof of lawful immigration status, DPS will deny issuance of driver’s licenses if the status is not reflected in the SAVE system.

A Texas driver’s license applicant who is not a United States citizen, national, lawful permanent resident, refugee, or asylee must provide documentation establishing lawful presence in the United States. Any documentation provided must have the same name and date of birth, or include evidence of a lawful name change. The driver’s license will be issued only through the period of lawful presence authorized. DPS has provided a guide containing the proper documentation that should be presented for various immigration statuses.

Even if an applicant provides the requested documentation, DPS may still deny an application for driver’s license if the information is not verified through the USCIS SAVE system.

DPS customer service representatives are supposed to explain the verification process to applicants. A DPS agent will first check documentation to receive real time verification through the SAVE system. If the documentation is not immediately verified, a second level check will occur, taking three to five business days. Third level check involves manual submission of documentation by DPS to USCIS, which could take an indefinite amount of time.

This process may cause difficulties for those with pending applications for extension or change of status, whose period of lawful authorization will not be reflected in any documentation. This may also cause problems for individuals where there is an error in the SAVE system.

Correcting SAVE Records

USCIS has provided guidance for individuals who have determined there is an error regarding their records in the SAVE system. USCIS recommends the following:

1. Contact USCIS: Schedule an appointment for an in-person interview at a local USCIS office at the InfoPass Web site, infopass.uscis.gov, or by calling the National Customer Service Center, 1-800-375-5283. Scheduling an appointment is the fastest way to correct your records. You should bring documentation supporting your immigration status and any information provided by the benefit-granting agency concerning why your immigration status makes you ineligible to receive the benefit.

2. Submit a Freedom of Information Act (FOIA) request in writing. If you know the information that needs to be corrected in your record, you may submit a request to correct your records to the Freedom of Information Act/Privacy Act (FOIA/PA) Office at the following address:

Privacy Act Amendment
U.S. Citizenship and Immigration Services
National Records Center
FOIA/PA Office
P.O. Box 648010
Lee’s Summit, MO 64064-8010

We recommend that you include the following information in your submission, if available:

The benefit you were denied
Copies of your immigration document
Information that is inaccurate
Reason it is inaccurate
Proposed change(s) to the record
A-File number and/or the full name
Date and place of birth
Notarized signature of the applicant
A return address
Other information that may assist in locating the record

If you do not know the information you need to correct, you may submit a written request to obtain your records by submitting Form G-639, FOIA/PA Request. This form is available at your nearest USCIS office or can be obtained online at www.uscis.gov/files/form/g-639.pdf. ; You should use the address specified above, but mark the envelope “Privacy Act Request” rather than “Privacy Act Amendment.”

3. Contact Customs and Border Protection (CBP): Correct your Form I-94, Arrival-Departure Record, issued when you entered the United States. If the error in your immigration document occurred upon entering the United States, you must visit a local CBP Deferred Inspection Site or a Port of Entry or Admission to have it corrected. For a list of Deferred Inspection Sites or Ports, please visit the CBP website (www.cbp.gov) and click on the “Ports” link at the bottom of the page. (Please note if USCIS issued your Form I-94, you should contact USCIS to correct that particular record.)

4. Visit USCIS Web site: For information about how to renew or replace your immigration document visit the USCIS website at www.uscis.gov .

5. If you are a student or exchange visitor in the United States, refer to the Immigration and Customs Enforcement (ICE) Student and Exchange Visitor Program (SEVP) Web site for more information www.ice.gov/SEVIS .

USCIS, How to Correct Your Records (SAVE) (10/01/2012).

USCIS, Información para no ciudadanos que solicitan un beneficio público.

SAVE - Information for Applicants: Verification of Immigration Status and How to Correct your Record with USCIS (English and Multilingual Versions).

DACA : The Chander Law Firm Begins Accepting Deferred Action Cases

Wed, 07 Nov 2012 13:31:00 -0600

DALLAS, TEXAS - Following the confirmed reelection of President Barack Obama, The Chander Law Firm announced that it will begin accepting clients seeking representation in Deferred Action for Childhood Arrivals (DACA) cases. The Chander Law Firm previously refused acceptance of DACA cases in part due to the uncertainty created by the United States Presidential elections. Former Presidential candidate Mitt Romney expressly stated that he would not continue the program if he were elected and would not grant any further DACA benefits after the date of his inauguration. The DACA program presented a liability to potential applicants and their families in the event Mitt Romney was elected President.

Deferred Action for Childhood Arrivals or DACA is an administrative program created by President Barack Obama allowing certain individuals who came to the United States as children reprieve from adverse immigration action, like deportation, for a period of two years. The program is meant as a stopgap measure until immigration reform legislation can be enacted.

Applicants for DACA must meet several key guidelines:

Were under the age of 31 as of June 15, 2012;
Came to the United States before reaching your 16th birthday;
Have continuously resided in the United States since June 15, 2007, up to the present time;
Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
Entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012;
Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
Have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

Applicants must also be at least 15 years or older to request deferred action, unless currently in removal proceedings or have a final removal or voluntary departure order. Those approved for DACA would be granted reprieve from negative immigration action for a period of two years and would receive employment authorization.

The Chander Law Firm will be organizing seminars throughout the state of Texas to educate young people about the benefits of seeking DACA. Seminars may be organized in the Dallas/Ft. Worth metropolitan area, Amarillo and Texas Panhandle, and Corpus Christi and South Texas. Groups interested organizing a seminar may contact the firm directly.

Press Release: Woman Sues Grand Prairie and Arlington After Being Wrongfully Imprisoned on Felony Arrest Warrant with a $50,000 Bond

Thu, 27 Sep 2012 17:05:00 -0500

FORT WORTH, TEXAS -- On September 7, 2012, Ms. Shelia Moore filed a civil rights lawsuit in the United States District Court in Fort Worth, Texas alleging Constitutional violations by police officers from the cities of Grand Prairie, Texas and Arlington, Texas. Ms. Moore’s claim arises out her wrongful arrest and imprisonment after Grand Prairie officials issued an arrest warrant against her for felony robbery. Bail for the arrest warrant was set at $50,000. Ms. Moore seeks compensatory and punitive damages for the wrongful conduct.

Imagine returning to your place of work after your lunch break only to be wrongfully arrested by three police officers in front of your coworkers. This was the scenario facing Ms. Shelia Moore, a 40 year old African American woman, on April 26, 2012. Arlington Police Department Officer Rodermund began following Ms. Moore’s car as she returned to her place of employment from lunch. When Ms. Moore arrived at her place of employment, Officer Rodermund arrested Ms. Moore in front of her coworkers. The officer told Ms. Moore that an arrest warrant had been issued by Grand Prairie officials alleging Ms. Moore committed robbery, a second degree felony punishable by up to 20 years imprisonment. Ms. Moore insisted that there was a mistake and that she had committed no crimes. Ms. Moore had no prior criminal history. Ms. Moore was of the opinion that Officer Rodermund enjoyed purposefully embarrassing Ms. Moore further by parading her in front of colleagues watching the ordeal.

Ms. Moore was taken to the City of Arlington jail. At the jail, an abusive police officer threatened Ms. Moore with solitary confinement when Ms. Moore persisted that she was innocent. Ms. Moore was then subject to a strip search. Although many officers seemed to express doubt that Ms. Moore had committed any crime, Ms. Moore was imprisoned overnight.

The next morning, Officers Hinson and Paulson of the Grand Prairie Police Department transferred Ms. Moore into the custody of the Grand Prairie Police Department. Ms. Moore was briefly questioned by Officer Hinson. She was then released without charges.

Ms. Moore’s arrest was predicated on the issuance of an arrest warrant by the Grand Prairie Police Department. The warrant alleged that Ms. Moore was chief suspect in the September 28, 2011 robbery of a Grand Prairie woman. After comparing the affidavit for the arrest warrant, police reports, and statements of officers, Ms. Moore is of the opinion that police officers intentionally and maliciously sought her arrest despite the lack of probable cause. Ms. Moore believes that officers pursued her arrest in a rush to judgment based on unreliable statements of criminal witnesses. Inconsistencies lead Ms. Moore to believe that officers made misrepresentations and contrived evidence in order to obtain the warrant. Ms. Moore also believes that officers failed to conduct an adequate investigation because they intended to pin the crime on her. Officers could have simply confirmed her home address or better reviewed video footage of the actual suspect to determine Ms. Moore was not involved in the crime.

Ms. Moore expects to be successful in her claim against the cities and officers. The incident has significantly traumatized Ms. Moore and affected her employment stability. She intends to seek damages sufficient to compensate her for her losses and punitive damages to prevent similar incidents from happening in the future.

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News: DHS Will Begin Accepting Applications for Deferred Action on August 15, 2012

Fri, 03 Aug 2012 14:54:00 -0500

During a conference call today, the Department of Homeland Security (DHS) announced additional information regarding a deferred action program for certain undocumented immigrants who came to the United States as children and meet other criteria.

DHS has also set out other details including:

Requestors in removal proceedings and with final orders removal will be permitted to request deferred action
A form will be created for the specific purpose of requesting deferred action
Biometrics and background checks will be required of requestors
Fee waivers will not be permitted for employment applications or biometric collection, however, fee exemptions will be available in limited circumstances.
Four USCIS Service Centers will receive the applications.

DHS announced the program has not been initiated and requests should not be filed before August 15, 2012.

The deferred action program announced on June 15, 2012 provides temporary administrative immigration relief for young undocumented people who were brought to the United States before the age of sixteen, have resided in the United States for at least five year before the date of the announcement, have graduated from high school, received a GED, or honorably served in the armed forces, have note been convicted of a serious crime, and are not above the age of thirty. Deferred action is a form of prosecutorial discretion that does not provide immigration status, but does allow an otherwise deportable alien permission to live and work in the United States for a temporary duration. This news brings long awaited relief to a group known as DREAMers, young undocumented people who might have qualified for the proposed DREAM Act legislation.