August 18, 2011 DHS Deportation or Prosecutorial Discretion New Policy is NOT an Amnesty: you can NOT apply for a work permit or ANY status under this policy at this time.

In view of August 18, 2011, public announcement by the DHS, the American Immigration Lawyers Association issued the following warning:

WARNING!

Do NOT believe anyone who tells you they can sign you up for a work permit
(Employment Authorization Document or “EAD”) or get you legal status
based on the Secretary Napolitano’s August 18, 2011 announcement!
Anyone who says that is not to be trusted!

There is NO “safe” way to turn yourself in to immigration and there is NO
guarantee that your case will be considered “low priority.” ANY person who
comes into contact with immigration authorities may be arrested, detained
or even removed.

Only a QUALIFIED IMMIGRATION LAWYER can evaluate your case and tell
your about your rights.

Do NOT seek legal advice from a notario or immigration consultant.
For more information about avoiding immigration scams go to
www.StopNotarioFraud.org

What the new policy is NOT:

** The Obama Administration announcement is NOT an
amnesty, it is NOT about granting legal status, and is NOT
something that you can sign-up for!

The Obama Administration made very clear that the announcements do NOT
provide any way to “apply” for a work permit or “EAD” nor is there a new way to
apply to remain in the United States. The change announced is not about giving
people work permits or legal status. The announcement applies ONLY to cases
already in the system, ensuring that low priority cases do not continue to clog
up an already overburdened immigration court system.

***What the new policy IS:

The Obama Administration announced the creation of a high-level working group made
up of Department of Homeland Security and Department of Justice officials who are to
do the following:

** Review all cases already pending before the immigration courts. Those that are
considered “low priority” may be administratively closed. Those that are
considered a “high priority” will be prosecuted more aggressively.

** There are no rules or guarantees that a particular type of case will be considered
a “low” or “high” priority. Recent guidelines are helpful, but no one can tell you if
your case is a low priority--only immigration authorities will make that decision.

** In the future, immigration authorities will review the cases people before they are
placed in removal proceedings. Those that are “low priority” may not be referred
to the immigration court.

**Create department-wide guidance to help USCIS, CBP, and ICE agents and
officers make better, more consistent decisions about who to place in removal
proceedings.
** Issue guidance on providing discretion in compelling cases for persons who
already have a final order of removal.

In other words, the August 18, 2011 announcement was preliminary and nothing has been
implemented yet. Any details about how the review process will work, what cases will
be considered low priority or how to have a particular case considered have not been
decided.

The best course of action is to consult an immigration lawyer or accredited
representative, not to take action because a friend, neighbor or coworker
encourages you to act.

Even if a friend, neighbor or coworker encourages you to act, do NOT try to contact
immigration authorities or fall for a scam!

NOTE: At this time, there is NO application to fill out, NO form that can be filed, NO filing fee that can be paid and NO guidance from immigration authorities AT ALL as to how the review of cases
will happen.

Eventually, as the government decides how to proceed, that information
should be available from official government websites, such as USCIS.gov .

Read at http://www.aila.org/content/default.aspx?docid=36705

Warning: beware of DV Lottery (Green Card Lottery) scams, E-mail scams.

Have you or someone you know recently received an e-mail claiming you’ve won the Green Card lottery and asking you to send or wire money?

Don’t fall for it – the sender is trying to steal your money!

Fraudsters will frequently e-mail potential victims posing as State Department or other government officials with requests to wire or transfer money online as part of a “processing fee.” You should NEVER transfer money to anyone who e-mails you claiming that you have won the Diversity Visa (DV) lottery or been selected for a Green Card. 

These e-mails are designed to steal money from unsuspecting victims. The senders often use phony e-mail addresses and logos designed to make them look more like official government correspondence. One easy way to tell they are a fraud is that the e-mail address does not end with a “.gov”.

One particularly common fraud email comes from an address ending in @diplomats.com or @usa.com and asks potential victims to wire $819 per applicant/family member via Western Union to an individual (the name varies) at the following address in the United Kingdom: 24 Grosvenor Square, London W1A 1AE. If you receive this email, do NOT respond. Report it immediately to the Internet Crime Complaint Center and the Federal Trade Commission onlineor by calling 1-877-FTC-HELP (1-877-382-4357).

For more information on this type of fraud and how to avoid and report it, please see the Department of State’s fraud warning and the Federal Trade Commission’s consumer alert on the matter.

For more information about the Diversity Visa Program, seehttp://www.dvlottery.state.gov/ and review the Department of State’s Travel.State.Gov DV Instructions webpage.


Read at: http://blog.uscis.gov/2011/03/e-mail-scam-avoid-green-card-lottery.html

New results from DV 2012 Green Card Lottery to be released today July 15, 2011 at 12:00 M EST.

The results from the 2012 Diversity Visa Lottery will go online today at noon, 12:00 PM EDT. Please use your confirmation number from registration to check the results at:

http://www.dvlottery.state.gov​/

How to avoid most common mistakes many new immigrants make.

To avoid the most common mistakes when dealing with immigration matters follow these easy steps:

• If you hire a lawyer, hire a licensed attorney and not an unauthorized “notario” or other unqualified “immigration consultant”. You should be aware that there are many people who pretend being lawyers or attorneys. They can charge you even more than a licensed lawyer would, saying that you got a bargain doing business with them. These people are committing fraud and unauthorized practice of law. A “notario” or “immigration consultant” is not a lawyer. A “notario” can only notarize documents, but cannot give you legal advice or help to complete any immigration forms or applications. The main reason for this is that notaries are not educated and not qualified as lawyers (with exception of those notaries who are also attorneys), and therefore are not authorized to provide legal advice or legal help. Oftentimes, they can hurt your situation beyond any help. Please be aware.
• Mail everything to USCIS by Certified Mail with Return Receipt, or by FedEx or other private carriers where you can ensure that you have the guaranteed delivery. Don’t try to save money, but make sure that your application is delivered and was accepted by USCIS.
• All foreigners living in USA (even permanent residents) must notify the USCIS / DHS of their address changes within 10 days. It’s advisable to do that either online at https://egov.uscis.gov or by Certified Mail by mailing the form AR-11 to an appropriate address. Please make sure you keep all the receipts and confirmations of the address change online.
• Keep a copy of everything you mail to the USCIS. If you have a lawyer, they should keep a copy of everything submitted. Many lawyers give you copies of the applications and petitions submitted, and copies of the most pertinent documents mailed to USCIS.
• Take the time to organize your immigration papers and put them in a safe place (e.g. safe deposit box or a relative’s house) where you will be able to find them in a few years if needed. If USCIS says that you never sent them something, you will be able to prove that you did. Also, any future lawyers you might hire will want to see what was filed and done with your case in the past. Your notices from the USCIS will have code numbers on them which are very handy in checking the status of your case.
• You are required by law to carry your green card or non-immigrant visa and I-94 card with you. Make copies of these important documents and keep them at a safe place. Memorize or write down you A number (Alien Registration Number) and your SSN (Social Security Number). Keep the copies of the “green card” in a safe place in case you lose the card, it’ll make it easier to renew it.
• Do not carry your Social Security Card with you. It’s not required by law. Memorize the number, and keep the card in the safe place. You might need to replace the card if you marry and change your name, or become a lawful permanent resident, or US citizen in the future.
• Keep Proof of all payments made to USCIS. Be sure to keep your money order stub, or copies of the checks or other proof of payment with your other immigration documents.
• Write Your Name and Alien Registration Number (A#) on Everything You Send to USCIS (letters, forms, applications).
• If you live and work in the United States, you shall pay your taxes, even if you are currently out of status or illegally in the country or don't have a social security number. You can apply for a taxpayer identification number (TIN) for yourself and your spouse and children, if they don’t have SSN, so you can file your tax returns and list them as your dependents. In the future if you find a way to apply for a green card or adjust your status the government will ask to see your tax returns.
• Never drink and drive; don’t do or deal in drugs; don’t get arrested; don’t commit crimes. These simple rules apply to every foreign national in the USA, even those who are permanent residents (“green card holders”) because even a permanent resident can be deported and lose his or her status (green card).
• Finally, remember, when you sponsor someone for permanent residency in the USA and sign the Affidavit of Support, form I-864, this is a legal and enforceable contract, and your obligations of support can continue even after divorce.

Read full article at http://www.law-visa-usa.com/common_mistakes.html

DHS published its 2010 Annual Report of Immigration Enforcement.

In June 2011, the Department of Homeland Security released its 2010 Annual Report of Immigration Enforcement Actions recently. Dep’t of Homeland Security, Immigration Enforcement Actions: 2010 Annual Report (June 2011). (http://www.dhs.gov/xlibrary/assets/statistics/publications/enforcement-ar-2010.pdf )

The federal government removed 387,242 people in 2010, a two percent drop from 2009.

The report identifies 'dangerous drugs', 'immigration', and 'criminal traffic offenses' as the leading types of crimes for which removed individuals had been convicted.

This does not necessarily mean that these individuals were removed as a result of these convictions. DHS defines anyone who has been convicted of a crime as a "criminal alien" whether or not that conviction led to removal. (Dep’t of Homeland Security, Immigration Enforcement Actions: 2010 Annual Report at 1 n.3).

DHS reported that ICE detained 363,064 aliens during 2010. The leading countries of origin of those removed were Mexico (73 percent), Guatemala
(8 percent), Honduras (6 percent), and El Salvador
(5 percent).

In 2010, 476,405 aliens were allowed to return to their
home countries without an order of removal. Eighty-one percent of returns in 2010 involved Mexican or Canadian aliens.

See the report at http://www.dhs.gov/xlibrary/assets/statistics/publications/enforcement-ar-2010.pdf