Moderation starts.

Laurel(P) So, not much to talk about this week.

Laurel(P) I know many of you are hoping I will have the chat for two hours today, but actually I'm doing a Webinar in about an hour, so I really do need to keep this week's chat down to 30 min.

Laurel(P) Let me just say a few things about the President's announcement

Laurel(P) His Executive Action is much, much larger than almost anyone expected. Obama decided to 'go big or go home'. Many immigration attorneys dropped their jaws when they saw what the entire package was going to affect.

Laurel(P) Now, that's not to say he has solved all of our immigration problems. Not at all.

Laurel(P) The biggest aspect of his program is DAP, or Deferred Action for Parents. It allows parents of US citizens and parents of Permanent Residents to apply for Deferred Action, which is a quasi-status in which the government agrees that the person is not a priority for enforcement. The deal is that the person keeps the government informed about his/her whereabouts and submits to a background check so the government can be sure the person is not a priority for deportation. In exchange for submitting to these checks and identifying him/herself, the government gives the person an employment authorization document and a promise not to commence deporatation proceedings for a certain period of time, usually a few years.

Laurel(P) DAP will allow probably a few million to get an employment authorization document. But it's temporary and does not lead directly to a green card.

Laurel(P) The person has to have been present in the US since at least Jan 1, 2010, must have had a US citizen child or LPR child as of the date of the announcement (Nov 20, 2014), must prove that he/she has been paying taxes as required by law, and can't have any significant criminal history. Note that a single DUI may be considered significant criminal history, though we are waiting for a final rule on that. Applications for DAP will not be accepted until probably May of 2015.

Laurel(P) I'm going to go ahead and take questions as I go along, so feel free to post.

Ingrid(Q) Good Morning, I am hoping you know if people with prior deportations (2002) and re-entered the US will be able to benefit from the defered action (DAP)? I am a US Citizen and in the Military. I have not been able to adjust my father's status either through a Relative Petition or Parole in Place because of this deportation in 2002. He re entered in 2002 right after the deportation. He has no criminal history and appears to meet all the qualifications the have been set out thus far. I am really hoping for a miracle.

Laurel(A) We do not yet have the final details on the DAP program as they have not been published. But we do expect that people who were previously removed and returned and those who were unlawfully present more than a year and returned (these are the two prongs of "9C") will be eligible for DAP as long as they have been continously present since January 1, 2010, don't have any criminal history, and otherwise meet the requirements of the program. But please note that even though this group is expected to be eligible for DAP, they are not expected to be eligible for "Dacabally", i.e. they would not be able to get Advance Parole, depart, return and then adjust status. Even though you are in the military, that still won't resolve the 9C problem that is preventing your father from adjusting status.

Keto(Q) Does the Military/Reserve Parole In Place help spouses that have a lifetime ban for false claim INA 212 a 6 c ii? Also if you are reapplying after a lifetime ban is it necessary to file a "Permission to Reapply" if you were not deported but left voluntarily?

Laurel(A) No. Parole in Place resolves the "entered without inspection" bar to adjustment of status found in INA 245(a). It does not resolve anything else, such as grounds of inadmissibility. I'm not sure how to answer your "lifetime ban" question as immigration law has about a half dozen or so lifetime bans, all with different rules. "Permission to Reapply" is form I-212. You would use that if you were removed, if you departed "voluntarily" under an outstanding order for removal, if you overstayed a grant of Voluntary Departure and subsequently departed on your own, or if you were subject to 9C, but have been outside the US for more than 10 years.

level2(Q) Do you anticipate USCIS will hurry to get through all pending cases before May 2015 in order to make room for all of the incoming applications? Do you think this will decrease the number of boilerplate RFEs issued for waiver cases? Thanks!

Laurel(A) "All the pending cases" would encompass every time of application from asylum to an employment-based petition, to naturalization to waivers of inadmissibility. No, they will not clear out their entire case load by May of 2015. That would be impossible. Are you asking me if they will get through all their I-601As before May of 2015? Again, I'm not quite sure what you're asking. They are not going to have zero pending cases on April 30, 2014. And really, I-601As are processed super fast at the moment. I'm getting some approvals in 10 weeks. That's lightning speed! As for boilerplate RFEs, I don't know. It depends on why they're sending them. One theory I had the other day on why they send the boilerplate RFEs is to boost their denial rates. Many pro se applicants simply won't respond to the RFE, which gives the adjudicator an easy reason for denial. I don't know. Just a theory.

Blue(Q) from belensaldana : my husband is getting close to his ten year bar my question is when we reschedule his appointment in cdj will they ask for proof he of his stay in mexico if they do what can i get together as proof . Im not able to find alot of info about this online.

Laurel(A) They may ask for proof, yes. As for what to get, that's the kind of thing that is particular to your case and I would advise a client in the context of an attorney-client relationship.

Blue(Q) From dme1219: Boyfriend EWI in Nov 2003, got caught at the border, was fingerprinted and asked his name, and then was sent back across the border. He successfully EWI a month later. Will his second EWI after being sent back to MX be grounds for not being eligible for the DAPA?

Laurel(A) As I stated above, 9C will most likely not prevent DAP eligibility, though we don't have the final rules yet. But it would affect any ability to resolve status under Dacabally. So, even if he is granted DAP, he would not be able to adjust status after leaving and coming back on Advance Parole. You'll see a whole lot of other immigrants doing that. Your boyfriend won't be able to do that.

TC(Q) Hi Laurel! Do you have any idea when the final ruling will come out as to what is considered significant criminal history?

Laurel(A) It will come out some time in the next six months. I don't know for sure, but I expect that "significant criminal history" will include (a) criminal history that makes you inadmissible, such as two shoplifting convictions, (b) any violent offense, such as assault, (c) any weapons offense, (d) any domestic violence offense even there's an argument that there was no physical violence, (e) stalking, and (f) a single drinking and driving conviction.

nrod(Q) what about if they have a deportation order and never left? or if they were deported and came back?

Laurel(A) Should still be able to qualify for DAP as long as they meet the other requirements of the program, e.g. continuous presence since Jan 1, 2010. So, the removal could not have happened after that date. But once again - and I can't say this often enough because I know people will presume that if DAP is granted they are home free - even though they may be able to get DAP, they will still not be able to adjust status after leaving and coming back on Advance Parole. Eligibility for DAP is different from eligibility to adjust status. They are different programs, each with their own rules.

Blue(Q) From Need_help : I am a us citizen, my wife came in us 15 years ago with a fake passport, got caught on airport, after 3-4 years of hearings , the immigration judge ruled her case to be frivolous. we went through appeals but nothing worked. We also have 2 kids that are us citizens born here. My question is: will she be eligible for the new immigration executive act that Obama approved. Her criminal record is clean.

Laurel(A) If the immigration judge used the word "frivolous", then I presume you are talking about an asylum application. Unfortunately, the law for asylum application states that if an immigration judge rules it to be frivolous - and he has to use that particular word - then it's a bar to all future benefits. The punishment is very broad. I expect the President's Executive Action will not be available to her as she has the very broad bar to "all future benefits".

Blue(Q) From Carrieknopf: Hi Laurel! At my husband's consular interview he was informed he just needed the lone I-212. We sent it to Minnesota (where he was deported) and they received it September 10th. It was sent to the Nebraska Service Center and given an LIN number. I was a little confused at first because I assumed the case would be adjudicated in Minnesota. I have two questions: 1. Do you think, time wise, that it is better that the Nebraska Service Center will be handling the case? and 2. I was told by people on this forum that after 90 days I could ask my congressman to inquire about our case. Is this a good idea to do now that I'm nearing that 90 days? USCIS is saying the average processing time for I-212 is 4.9 months, but I know that lone I-212s are sort of an oddity. Thanks for your help, in advance!

Laurel(A) You did right sending it to the local USCIS office having jurisdiction over the place that ordered removal, but it is better that they forwarded it to Nebraska. The Nebraska Service Center is better at handling waiver cases. Not sure why people are telling you to have your Congressman inquire after 90 days. That's a waste of everyone's time as it would be well within normal processing times at that point. You start doing Congressional inquiries after just 90 days and you're going to piss off the person who holds your future in his hands. You may get an expedited decision, but it could be an expedited denial. Wait until it's at least 30 days outside normal processing time.

Blue(Q) From Mixedstatus: How would Dacabelly work with a denied 601A waiver and DAP? I don't understand how that would help us once we showed up to the consulant appt (with advanced parole to leave). Wouldn't we need an approved waiver?

Laurel(A) Advance Parole allows you to leave and come back. So, no consular interview. You would get Advance Parole, go visit some relatives, and then just fly back and show your Advance Parole document at the airport. The consulate is not involved. You then apply to adjust status. There are lots of eligibility rules for this, so this procedure will not be available to everyone. But it will probably be available to a milliion or more.

Laurel(P) Ok, it is 11:30. There are a dozen questions waiting for me, but I have a webinar in half an hour and I need to do final preparations for that and join my co-presenters by phone in 15 minutes. I will see you all next week. I'm sure you'll still have questions at that time.

Laurel(P) Happy Thanksgiving, everyone!