Immigration Blog

Hanes & Bartels attorney Josh Deere is quoted on NBC National News:

Posted by on Oct 4, 2012 in Immigration | 0 comments

On the topic of scams that take advantage of immigrants, Josh is quoted as follows:

“It’s pervasive,” says Josh Deere, a Colorado immigration attorney with the firm Hanes Hrbacek & Bartels. “We talk to people almost every day who have at one point or another had contact with or hired these people who are unlicensed.”

 

You can access the article here:

http://usnews.nbcnews.com/_news/2012/08/14/13280541-undocumented-immigrants-are-warned-of-scammers-as-new-obama-policy-takes-effect?lite

Romney Announces that if Elected, He Will Not Revoke Defferred Action Status from DREAMers

Posted by on Oct 2, 2012 in Immigration | 0 comments

On August 15, 2012, the government starting taking cases for immigrants who came to the U.S. as children, and who meet certain criteria to qualify for a two-year protection from deportation, as well as possibly a work permit and a driver’s license (depending on the state). While commonly known as DREAM cases, the program is actually called Deferred Action for Childhood Arrivals (D.A.C.A.).

One of the most common questions we have received from our D.A.C.A. clients is what happens if Romney wins the presidential election? Will he revoke our D.A.C.A. status? I have to admit, it’s a great question … and hopefully now we have an answer. Here is the article from U.S.A. Today:

http://myimmigrationhome.wordpress.com/2012/08/06/what-is-deferred-action-and-is-it-the-dream-many-were-hoping-for/

As always, I always take everything a politician says with a grain of salt. But hopefully this is a step in the right direction.

Attorney Josh Deere Interviewed on Despierta Colorado About Deferred Action (D.A.C.A.)

Posted by on Oct 2, 2012 in Immigration | 0 comments

Hanes & Bartels attorney Josh Deere was interviewed on Denver-based Univision about Prosecutorial Discretion in immigration deportation cases:

 

Josh Deere

Immigration Attorney

Hanes & Bartels LLC

102 S. Tejon St., Suite 800

Colorado Springs, CO 80903

jmd@hhbcolorado.com

(719) 260-7900

Español: (719) 433-7571

www.colorado-immigration-law.com

 

DHS Announces Consideration of Same-Sex Couples in Prosecutorial Discretion Cases

Posted by on Oct 2, 2012 in Immigration | 0 comments

The Department of Homeland Security announced on September 26, 2012 that it would consider a same-sex couple relationship as evidence of an immigrant’s “ties and contributions to the community, including family relationships” when considering a deportation case for administrative closure. Here is the article from the New York Times:

http://www.nytimes.com/2012/09/29/us/homeland-security-puts-it-in-writing-on-immigration-policy-and-gay-couples.html?_r=0

To be clear, in a deportation case, the ICE attorney prosecuting the case has the “prosecutorial discretion” to decide whether to continue with deportation, or to close the case and not continue with deportation. In June 2011, the Department of Homeland Security issued a Memo stating that in making those determinations, the government’s attorneys should consider 19 factors, including the immigrant’s “ties and contributions to the community, including family relationships”. Normally in immigration cases, as in most other areas of federal law, partners in a same-sex — including those who are legally married — may not apply for immigration benefits based upon that relationship. This new policy, however, marks what could be the beginning of a significant shift in policy by including same-sex relationships as a positive factor for the immigrant in deportation.

Hanes & Bartels Immigration Law Commercial

Posted by on Oct 2, 2012 in Immigration | 0 comments

Hanes & Bartels’ immigration law group’s commercial on Univision focusing on Deferred Action (D.A.C.A.) for Dreamer youth.  The new commercial features Josh Deere, our new immigration attorney, Eric Pavri, as well as Tom Hurley and his two paralegals, Jennifer and Maria, who recently merged with our firm:

by Josh Deere

Immigration Attorney

Hanes & Bartels LLC

102 S. Tejon St., Suite 800

Colorado Springs, CO 80903

jmd@hhbcolorado.com

(719) 260-7900

Español: (719) 433-7571

www.colorado-immigration-law.com

Attorney Josh Deere Interviewed on Despierta Colorado About Prosecutorial Discretion in Deportation Cases

Posted by on Oct 2, 2012 in Immigration | 0 comments

Hanes & Bartels attorney Josh Deere was interviewed on Denver-based Univision about Prosecutorial Discretion in immigration deportation cases:

 

by Josh Deere

Immigration Attorney

Hanes & Bartels LLC

102 S. Tejon St., Suite 800

Colorado Springs, CO 80903

jmd@hhbcolorado.com

(719) 260-7900

Español: (719) 433-7571

www.colorado-immigration-law.com

Hanes & Bartels Immigration Commercial

Posted by on Oct 2, 2012 in Immigration | 0 comments

This link will take you to our firm’s commercial on Univision:

The commercial ran for several months until we changed it to include our new immigration attorney, Eric Pavri, as well as Tom Hurley and his two paralegals, Jennifer and Maria, who recently merged with our firm.

We have been advertising on Univision ( http://corporate.univision.com/media-kit/kvsn-univision/ ) for almost a year now. They are a great company with great people, and we hope to continue working with them.

by Josh Deere

Immigration Attorney

Hanes & Bartels LLC

102 S. Tejon St., Suite 800

Colorado Springs, CO 80903

jmd@hhbcolorado.com

(719) 260-7900

Español: (719) 433-7571

www.colorado-immigration-law.com

What is Deferred Action, and is it the DREAM many were hoping for?

Posted by on Aug 6, 2012 in Immigration | 0 comments

What is Deferred Action, and is it the DREAM many were hoping for?

On June 15, 2012, the U.S. government announced a new program to provide some relief for immigrants who came to the United States as children, and who are currently without documentation. Although many are calling it the “DREAM law,” it is not actually the DREAM Act that Congress has been fighting over for years, nor is it really even a law at all. Rather, the new program is an executive order from the Obama Administration, and its official name is Deferred Action for Childhood Arrivals (D.A.C.A.).

Immigrants who qualify for D.A.C.A. will not necessarily receive any kind of status, such as permanent residency or citizenship, but should find at least some relief knowing that they will not be deported during a two-year period, which can be renewed at the end of those two years. Those individuals who qualify may also be eligible to apply for a work permit, as well as a driver’s license in certain states.

To qualify, individuals must:

1. be under the age of 31 as of June 15, 2012
2. be 15 years old or older at the time of filing the request (this requirement has some exceptions if the individual is in deportation proceedings)
3. have come to the U.S. before reaching 16 years old
4. have continuous physical presence in the U.S. for five years preceding June 15, 2012
5. have either graduated from high school, obtained a GED, or are in school currently, or be a U.S. military veteran with an honorable discharge
6. not have any felony convictions, significant misdemeanor convictions, or have three or more total misdemeanor convictions

The USCIS (United States Citizens and Immigration Services) will begin taking D.A.C.A. cases on August 15, 2012. The filing forms will not be available until that day. After submission of the forms and supporting evidence, individuals will undergo fingerprinting and a background check. This should not concern immigrants, however, as ICE has stated that it has no intention of using information from the applicant’s forms, fingerprints, or background check to initiate deportation against any immigrants involved in the process.

Our firm has already been receiving many calls from individuals seeking to file under D.A.C.A. We are here to help you determine if you qualify for D.A.C.A., and to assist you with the complex immigration procedure. Please call us today at (719) 260-7900, or (719) 433-7571 for Spanish speakers.

Josh Deere
Immigration Attorney
Hanes & Bartels LLC
102 S. Tejon St., Suite 800
Colorado Springs, CO 80903
(719) 260-7900
Español: (719) 433-7571
www.colorado-immigration-law.com

What is Deferred Action, and is it the DREAM many were hoping for?

Posted by on Aug 6, 2012 in Immigration | 1 comment

What is Deferred Action, and is it the DREAM many were hoping for?

On June 15, 2012, the U.S. government announced a new program to provide some relief for immigrants who came to the United States as children, and who are currently without documentation. Although many are calling it the “DREAM law,” it is not actually the DREAM Act that Congress has been fighting over for years, nor is it really even a law at all. Rather, the new program is an executive order from the Obama Administration, and its official name is Deferred Action for Childhood Arrivals (D.A.C.A.).

Immigrants who qualify for D.A.C.A. will not necessarily receive any kind of status, such as permanent residency or citizenship, but should find at least some relief knowing that they will not be deported during a two-year period, which can be renewed at the end of those two years. Those individuals who qualify may also be eligible to apply for a work permit, as well as a driver’s license in certain states.

To qualify, individuals must:

1. be under the age of 31 as of June 15, 2012
2. be 15 years old or older at the time of filing the request (this requirement has some exceptions if the individual is in deportation proceedings)
3. have come to the U.S. before reaching 16 years old
4. have continuous physical presence in the U.S. for five years preceding June 15, 2012
5. have either graduated from high school, obtained a GED, or are in school currently, or be a U.S. military veteran with an honorable discharge
6. not have any felony convictions, significant misdemeanor convictions, or have three or more total misdemeanor convictions

The USCIS (United States Citizens and Immigration Services) will begin taking D.A.C.A. cases on August 15, 2012. The filing forms will not be available until that day. After submission of the forms and supporting evidence, individuals will undergo fingerprinting and a background check. This should not concern immigrants, however, as ICE has stated that it has no intention of using information from the applicant’s forms, fingerprints, or background check to initiate deportation against any immigrants involved in the process.

Our firm has already been receiving many calls from individuals seeking to file under D.A.C.A. We are here to help you determine if you qualify for D.A.C.A., and to assist you with the complex immigration procedure. Please call us today at (719) 260-7900, or (719) 433-7571 for Spanish speakers.

Josh Deere
Hanes & Bartels LLC
102 S. Tejon St., Suite 800
Colorado Springs, CO 80903
(719) 260-7900
Español: (719) 433-7571
www.colorado-immigration-law.com

Immigration Law and the Battle for a Work Permit

Posted by on Jun 26, 2012 in Immigration | 1 comment

by Josh Deere, Immigration Attorney
Hanes & Bartels LLC

One of the most common questions presented to immigration attorneys is “how can I just get a work permit?” In other words, can I just apply for a work permit even if I do not qualify for a visa, green card, or other category of relief?

If only it were that easy.

The client’s question is a valid and understandable one. Most immigrants in this country, legal or illegal, want to work, and they want to do it legally. They are simply seeking a way to support themselves and their families.

The current reality of immigration law, however, is that there is no method to request “just a work permit” from the U.S. government. Rather, permission to work is generally tied to some type of visa, permanent resident application, or some other form of application to adjust one’s immigration status.

Not every type of visa or green card application, however, allows the applicant to request a work permit. For example, a person entering the United States on a tourist visa, cultural exchange visa, or most student visas, is not allowed to work while in the country. There are other types of visas (fiancé visas or visas for spouses of permanent residents, for example) that do not automatically allow the recipient to work, but may provide grounds for the recipient to later apply for a work permit after receiving the visa. Other visas, of course, are based upon employment and, therefore, the visa itself grants the right to work to the recipient. Each employment-based visa has its own specific requirements related to the position of the visa recipient, the type of employer petitioning for the visa recipient, the duration of the visa, etc. The trick to navigating through which visa category is appropriate for each applicant is to be able to determine what category matches up with the applicant’s personal situation, including the employment position offered, the applicant’s skills and background, and the applicant’s long-term immigration goals.

It is important to recognize the difference between a visa and a green card (permanent residence), or even citizenship. A visa is simply permission for someone to enter the United States, and to stay for a specific period of time. In most cases, a visa applicant lives outside the United States and seeks to enter the country legally. There are many different types of visas, and as stated above, only some of those allow the visa recipient to work.

Permanent residency, or a green card, is a higher degree of status than a visa in that it allows the recipient to stay in the United States indefinitely as long as the green card is properly renewed every ten years. There are many different ways to obtain a green card, including a petition through family members or one’s employer. However, once the green card has been received, the recipient has permission to work when and where he or she pleases. The same is true for citizenship.

There are a few other immigration situations in which an individual may succeed in obtaining a work permit. For example, if an undocumented immigrant successfully defends a deportation case and wins by cancellation of removal, he or she may be eligible to apply for a work permit. An individual seeking asylum status may also apply for a work permit while waiting for the petition to be approved. Like the other methods explained above, however, each of these avenues for requesting a work permit is tied directly to some other form of relief or a request for adjustment of status.

The United States has been debating the idea of a more expansive temporary worker program for years, and several such programs have been proposed in Congress. Because it is such a hotly debated political topic, however, there is little reason to believe that any such reforms are coming in the near future.

In summary, work permits are available in the United States, but generally only when the applicant qualifies under a specific immigration category, such as a seasonal worker program or other employment-based categories, a pending asylum or permanent resident application, or someone who has prevailed in a deportation case. Once an individual has successfully adjusted his or her status to permanent residency or citizenship, he or she no longer needs a work permit. Work permits are not, however, available independent of an individual’s immigration status, which makes it all the more important to determine whether the individual qualifies for adjustment under any applicable immigration category.

by Josh Deere
Immigration Attorney
Hanes & Bartels LLC
102 S. Tejon St., Suite 800
Colorado Springs, CO
(719) 260-7900
jmd@hhbcolorado.com