Breaking Immigration News
"El Show Sin Fronteras"
Spanish Video Above Translated In English Below
Our hosts for the day were Karla Arévalo and Attorney Kate Lincoln-Goldfinch, who joined us with the intention of providing you with all the information you need to reunite with your family, either by bringing them to the United States or by going to visit them in your home country. At Lincoln-Goldfinch Law we also take bankruptcy cases, so if you find yourself with credit card debt or loans you can consult with us completely free of charge. We will help you reactivate your finances and achieve financial freedom with the guidance of a bankruptcy attorney. Today's program focused on the latest good updates about immigration brought to us by attorney Kate.
The first change Attorney Kate talked about came from a decision in the First Circuit Court of Appeals regarding the current Administration's deportation priorities. This Court reviewed an order from the Federal Court of Appeals and ordered that President Biden will have autonomy in deciding deportation priorities, who will be arrested, detained, and deported. This means that fewer people will be at risk of being detained. During former President Obama's administration, the cases that were prioritized were cases of people with serious criminal records and recent entries, so not all undocumented people who were caught were necessarily brought before Immigration Court and placed in Deportation Proceedings.
During the last administration, the laws changed, becoming more rigorous and mandating that all undocumented immigrants who were arrested were to be placed in Deportation Proceedings, regardless of how long they had been in the country or that they did not have a serious criminal record. This situation changed with the new Biden administration, which established deportation priorities similar to those established by the Obama administration, and now with this new ruling, it has complete autonomy to decide on this matter.
These new decisions mean a positive change for the current situation concerning the immigrant community. Now any undocumented person who is arrested for driving without a license or driving under the influence, or who is arrested in a raid, will have a "hold" by Immigration and Customs Enforcement (ICE). However, if it is found that the person is not part of the group prioritized by the Biden administration, they will not be brought before Immigration. However, Attorney Kate advises to be cautious and always have a plan in case you are arrested, as these policies can change at a moment's notice.
What Can Lincoln-Goldfinch Law Do For You If You Are Detained?
When a person is arrested, they are taken to one of the ICE offices where the appropriate Immigration Officer makes a decision regarding the detainee's immigration status. While this is happening, we talk to the arrested person's family members so that we can better assess the person's options for staying in the country. We will need to know the immigration and criminal history of the detainee, so it is important to have a trusted contact who knows all of this information. Attorney Kate advises not to sign any document in case of being deported if you do not have the opportunity to review the documents with an attorney, all detained persons have the right to defend themselves, fight their case or ask for a bond.
We have very good news for DACA! Although it is something that has not happened yet, Attorney Kate informed us about a type of National Budget bill that has been introduced and has fewer requirements to be passed in Congress, so it has a better chance of passing. The Senate has included in this budget a section that is intended to give permanent status to "Dreamers".
According to what is stipulated in this proposal, the "Dreamers" would have to pay a $1500 USD fee, pass a medical exam, and a background check. It is important to remember regarding the medical exam that as of October 1st it will be necessary to receive all required vaccinations, including the COVID-19 vaccine. Another requirement is to have entered the U.S. before the age of 18, which is a change from the current DACA program that stipulates the age of entry as less than 16 years old. The entry date must have been before January 2021, a positive change that will benefit and include many more immigrants. It is also necessary to have served in the armed forces or studied for 2 years.
The next step would be Permanent Residency, and in order to obtain the "Green Card" it will be necessary to prove that the "Dreamer" has been working, or is in a training program for a profession or a professional internship.
Attorney Kate advises those who do not have DACA but meet the requirements to start collecting all the evidence. For example, academic transcripts to prove that they have completed at least 2 years of schooling in the United States, or tax or rent payments to prove presence before January 2021. She also advises applying as soon as possible when the new law is approved since during the last 5 years there have been sudden and constant changes in the Immigration Law.
Immigration Updates For Afghan Citizens
Our firm Lincoln-Goldfinch Law now offers legal advice for "Humanitarian Parole" applications for Afghan nationals. It is not necessary to have served in the armed forces or have a family member in the United States to apply for a Humanitarian Parole, anyone who is at risk can apply because they are in an emergency situation.
When this type of permit is approved, it gives the Afghan citizen permission to enter the United States, but it is important to understand that it will not necessarily help them leave Afghanistan faster, which is currently a complicated situation. In the case of an Afghan national living in Pakistan, for example, they have the option of applying for this "Parole" in order to come to the United States and most of them will qualify for an Asylum case when they arrive. Here at Lincoln-Goldfinch Law, we will help you find the best option for you and your particular case.
In case you know someone who is in this situation and needs help or if you have additional questions about these immigration updates, please do not hesitate to contact us at (855) 502-0555. To stay up to date with our latest news and updates you can follow us on our social media networks Facebook, TikTok, Instagram and YouTube.