Questions and Answers About DACA
The Trump administration announced Tuesday, Sept. 5, it would end the Deferred Action for Childhood Arrivals program, or DACA, in six months if Congress doesn't find a more permanent solution.
Since it was enacted under President Barack Obama, about 800,000 immigrants who were children when they arrived in the U.S. illegally have received protections from the program. They include stay of deportation and the ability to legally work and go to school.
What Is DACA?
DACA is the acronym for Deferred Action for Childhood Arrivals, a program created in 2012 by the Obama administration allowing young people brought to this country illegally by their parents to get a temporary reprieve from deportation and to receive permission to work, study and obtain driver's licenses.
DACA applicants had to be younger than 31 years old when the program began. They also had to prove that they had lived in the United States continuously since June 15, 2007, and that they had arrived in the U.S. before the age of 16.
Why Was DACA Created?
Unable to find a legislative remedy to protect minors who were brought to this country through no fault of their own, the Obama administration created the DACA program through executive action in June 2012. Conservatives accused Obama of overstepping his authority, but they brought no legal challenge.
The DREAMers are a highly organized group of young people who argue that, after being raised and educated here in the U.S., they are Americans who only lack legal recognition.
Who Are The DREAMers?
There are about 800,000 DACA recipients, also known as DREAMers, according to U.S. Citizenship and Immigration Services. Most arrived from Mexico, El Salvador, Guatemala and Honduras. There are also several thousand from Asia, primarily South Korea and the Philippines.
Why Did Trump End DACA?
During the campaign, Donald Trump railed against illegal immigration and promised to reverse what he called President Obama's "unconstitutional" executive actions.
In June, 10 Republican attorneys general moved to force Trump's hand. In a letter to Attorney General Jeff Sessions, they threatened to launch a legal challenge against DACA by seeking to amend a lawsuit stalled in federal court. That lawsuit opposed another Obama executive action called DAPA.
Will The DREAMers Be Forced To Leave?
According to the Department of Homeland Security, DACA will be phased out, with an official end in six months.
U.S. Citizenship and Immigration Services (USCIS) will process all new applications received as of Sept. 5 and then stop accepting applications. DREAMers whose work permits expire before March 5, 2018, can apply for a two-year renewal.
Hotel Sues Man For $17K
September 06, 2017
A South Dakota hotel is suing a man for allegedly skipping out on his $17,000 bill during his two-week stay to attend a festival where he was selling photos with women who were body-painted to resemble wild animals.
Rapid City Hospitality LLC and the company's GrandStay Residential Suites say in the lawsuit filed last month that they haven't been able to contact Dan Stockdale to pay for the eight rooms in Rapid City he booked in August 2016.
Stockdale was in town for the annual Sturgis Buffalo Chip motorcycle rally, where he hoped to raise funds for his World Nature Coalition, which he says supports environmental and wildlife organizations.
Stockdale told the newspaper the hotel charged exorbitant rates and their rooms were infested with roaches and bedbugs — assertions the hotel denies.
Stockdale was a vendor at Sturgis Buffalo Chip, where he promoted a "spectacle of scantily clad, body-painted models and plethora of alluring animals," according to his advertisement on the event's website.
Immigration On Long Island
There are several steps to apply for a visa. The order of these steps and how you complete them may vary at the U.S. Embassy or Consulate where you apply. Please consult the instructions available on the U.S. Embassy or Consulate website where you will apply.
How to Apply
1. Complete the online visa application Form DS-160.
2. Print the application form confirmation page to bring to your interview.
3. You will upload your photo while completing the online Form DS-160.
4. Schedule an Interview.
Types Of Visas
Tourism & Visit
For visits such as tourism, seeing family and friends, or medical treatment.
Foreign travelers coming to the United States to conduct temporary business, for example business meetings and consultations, attending conventions and conferences, or negotiating contracts, need visitor visas unless they qualify for entry under the Visa Waivert Program.
Study & Exchange
The United States supports international education and welcomes foreign students and exchange visitors. Students and exchange visitors must be accepted by their schools or program sponsors before applying for visas.
To work in the United States temporarily as a lawful nonimmigrant, temporary workers must qualify for the available visa category based on the planned employment purpose. The steps in the process before applying for a visa vary. Review the employment groupings and categories.
A foreign citizen seeking to immigrate generally must be sponsored by a U.S. citizen or lawful permanent resident immediate relative(s), or prospective U.S. employer, and have an approved petition before applying for an immigrant visa.
What Crimes Are Eligible for Deportation?
All immigrants, including those with green cards, can be deported if they violate U.S. immigration laws. The most common reason for people to be placed into removal proceedings is because there is evidence that they have been convicted of a crime.
The full list of crimes and other grounds of deportability is in Section 237 of the I.N.A. It lists things like drug crimes, illegal firearms possession or sales, espionage, domestic violence, stalking, child abuse or neglect, human trafficking, terrorist activity, and more. In some cases, the crimes on this list might also be considered crimes of moral turpitude or aggravated felonies.
How to Get Citizenship After Marriage to a U.S. Citizen
If you marry a U.S, citizen, you won’t be eligible for U.S. citizenship right away. But you may become eligible for a U.S. green card, which can lead to U.S. citizenship.
However, there are certain requirements that must be met before you can apply for a green card and ultimately for U.S. citizenship after marriage to a U.S. citizen.
The Application Process
The U.S. citizen spouse must start the process for you, by submitting a visa petition on Form I-130 to United States Citizenship and Immigration Services (USCIS). The form must be accompanied by evidence of the marriage, namely a marriage certificate, as well as proof that the marriage is bona fide, not merely a sham to get you a green card.
If you, are immigrant and are living in the U.S. after a legal entry, and you didn’t arrive for the purpose of getting married (which would be visa fraud), then you should be able to adjust status.
If you are living in the U.S. after an illegal entry, however, see an immigration lawyer. You cannot adjust status unless you are among a rare few who fall under some old laws (Section 245(i)). But if you leave the U.S. for processing through a U.S. consulate, you risk being found inadmissible due to your unlawful stay, and being unable to return to the U.S. for either three or ten years. (Three years if your unlawful stay was at least 120 days; ten years if your unlawful stay was at least 365 days.)
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