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June, 2012 | HaydenLaw

Archive for June, 2012

Supreme Court announces split decision on Arizona’s immigration law

Today the Supreme Court delivered a split decision on Arizona’s immigration law.  They upheld the most controversial “show me your papers” provision, but blocked implementation of other parts of the law.
For the full text of the Court’s decision see the attached PDF. supreme-court-decision-on-arizona-immigration-law


NEW DEFERRED ACTION UPDATE – POTENTIAL FRAUD WARNING – DON’T APPLY YET

The Administration is not yet accepting applications for the new deferred action program for young people without valid immigration status. Within sixty days – by the middle of August – we expect to receive guidance and information about how eligible individuals can request deferred action and work authorization.

If you are not in removal (deportation) proceedings, DO NOT apply for deferred action at this time. This new law may open the door for fraud and deception by so-called “Notarios.” Notarios have no legal background and cannot act as a qualified attorney. Anyone claiming they can submit an application or charging a fee for applying for deferred action should NOT be trusted until the application procedure has been announced by the federal government. An immigrant’s case can be delayed by notarios acting in bad faith, resulting in penalties and even deportation.

The deferred action offer will be available to those in deportation proceedings,  and those with final removal orders, as well as to those who apply who are not yet known to immigration. The latter is often referred to as filing “affirmatively”. Stay tuned for more updates.

To qualify, an individual must:

  • Be 15-30 years old, and have entered before age 16;
  • Have been present in the U.S. for 5 years as of June 15, 2012;
  • Have maintained continuous residence;
  • Have not been convicted of a felony, a significant misdemeanor or multiple minor misdemeanors;
  • Be currently in school, graduated or have a GED, or be an honorably discharged veteran.

For more information, visit www.uscis.gov and www.aila.org/dream. You can also visit www.ailalawyer.com to locate a qualified immigration attorney in your area or visit  http://www.aila.org/content/default.aspx?bc=1188|1220


Dream Act Lite?

The Department of Homeland Security announced a policy of “Deferred Action” for young people brought to this country as children.  For the details, see the Memo from Homeland Security Secretary Janet Napolitano:  Napolitano-memo-6-15-2012


H-1B Quotas Exhausted

FY 2013 H-1B Cap

On June 11, 2012, USCIS received a sufficient number of petitions to reach the statutory cap for FY 2013.  On June 7, 2012, USCIS also received more than 20,000 H-1B petitions on behalf of persons exempt from the cap under the advanced degree exemption.  USCIS will reject petitions subject to the cap for H-1B specialty occupation workers seeking an employment start date in FY 2013 that are received after June 11, 2012.

USCIS continues to accept petitions exempted from the cap and DOD cooperative research worker H-1B petitions and Chile/Singapore H-1B1 petitions requesting an employment start date in FY 2013.