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USCIS Issues Policy Memos on VAWA EAD Eligibility and U Visa Derivative

 CIS has just released interim guidance on age-out protection for U derivatives. Per the guidance: U-3 derivatives will be approved for the full four-year eligibility period, allowing the U-3 to remain in status past his or her 21st birthday CIS will promulgate regulations to "provide protection" for U derivatives who age-out while the 918-A is pending. In the meantime, aging-out derivatives will be considered for deferred action, which allows for work authorization U derivatives whose status expired upon turning age 21 may now file for an extension of status to receive enough time in U status to allow them to apply for adjustment  The interim guidance does not address derivatives who age-out abroad while the application for derivative status is pending. The guidance is effective immediately.

DHS Guidance on Hurricane Sandy

Click here for the original letter.
To the extent that Tropical Storm/Hurricane Sandy (Sandy) impacts law enforcement operations and/or the storm triggers the need for an officially ordered evacuation or an emergency government response, U.S. Immigration and Customs Enforcement's (ICE) and U.S. Customs and Border Protection's (CBP) highest priorities are to promote life-saving and life-sustaining activities, the safe evacuation of people who are leaving the impacted area, the maintenance of public order, the prevention of the loss of property to the extent possible, and the speedy recovery of the impacted region. As such, to the extent that Sandy impacts law enforcement operations and/or the storm triggers the need for an officially ordered evacuation or an emergency government response, there will be no immigration enforcement initiatives associated with evacuations or sheltering related to Sandy, including the use of checkpoints for immigration purposes in impacted areas during an evacuation. If a state or local law enforcement agency determines that individuals in their custody should be transferred or released due to Sandy, the state or local law enforcement agency should not decline to do so solely on the basis of an immigration detainer issued by ICE or CBP.

Comments on the Department of Health and Human Services' DACA/Lawfully Present Amendment

On October 23, 2012, CLINIC and the United States Conference of Catholic Bishops submitted comments to the Department of Health and Human Services in response to the Department’s amendment of the definition of the term “lawfully present.”  The amendment will prevent those granted deferred action under the Deferred Action for Childhood Arrivals (DACA) program from accessing affordable health insurance coverage options.  Excluding DACA recipients from this program is inequitable and undercuts the spirit of the Administration’s DACA policy.

Juvenile Records: State by State

Deferred Action for Childhood Arrivals (DACA) Information and Resources   A criminal record may disqualify you for DACA. Start with the resources on this chart to get a copy of yours. Know your criminal history before applying.

Support for Integration Grant Funding

CLINIC and other organizations that help permanent residents naturalize and that promote the integration of newcomers sent the attached letter to Representative Nancy Pelosi, urging her to support appropriations funding for the U.S. Citizenship and Integration Grants Program.  Since the program began in October 2009, USCIS’s Program has helped more than 38,000 permanent residents in 30 states and the District of Columbia prepare for citizenship. Twenty-six percent of the 2012 grantees are CLINIC affiliates. 

Letter from ICE and CBP about Hurricane Isaac

Click here for the original letter in English, Spanish or Vietnamese. In the event that Hurricane/Tropical Storm Isaac (Isaac) triggers the need for an officially ordered
evacuation or an emergency government response, U.S. Immigration and Customs Enforcement's (ICE) and U.S. Customs and Border Protection's (CBP) highest priorities are to promote life-saving and lifesustaining activities, the safe evacuation of people who are leaving the impacted area, the maintenance of public order, the prevention of the loss of property to the extent possible, and the speedy recovery of the region As such, there will be no immigration enforcement initiatives associated with evacuations or shelteringrelated to Isaac, including the use of checkpoints for immigration enforcement purposes in impacted areas during an evacuation. If a state or local law enforcement agency determines that individuals in their custody should be transferred or released due to Isaac, the state or local law enforcement agency should not decline to do so solely on the basis of an immigration detainer issued by ICE or CBP. If a state or local law enforcement agency does decide to release an individual subject to an ICE or CBP detainer based on Isaac, the agency should, wherever possible, contact the local ICE or CBP office prior to any such release to ensure that the release does not pose a danger to the community.

Introduction to Family-Based Immigration

E-learning Course:  Introduction to Family-Based Immigration October 16 – November 27, 2012 Click here for a more detailed course outline including the dates and times of the seven webinars.  $270 per person for CLINIC affiliate agencies

Immigrating Through Marriage: Fiancé(e)s and Conditional Residents

September 24, 2012
Immigrating Through Marriage: Fiancé(e)s and Conditional Residents  2:00 p.m. - 3:30 p.m. Eastern Daylight Time  11:00 a.m. - 12:30 p.m. Pacific Daylight Time
Cost: $50; $25 for CLINIC Affiliates paying annual dues

August 14th USCIS Update on DACA (Deferred Action for Childhood Arrivals)

On August 14, 2012, USCIS issued the DACA "Deferred Action for Childhood Arrivals" application form, posted a new FAQ, and held a stakeholder call that provided additional information on DACA program. The FAQ and stakeholder call, led by USCIS Director Alejandro Mayorkas, reviewed basic eligibility requirements for DACA as well as the education requirements, disclosure provisions and filing procedure. This update will discuss the information released on August 14th and review details of the program previously reported in CLINIC's August 6th article on DACA. The DACA application form, Form I-821D, is available here and the FAQ is posted hereAdditional resources on DACA may be found on the CLINIC website and include: DACA Workshop Toolkit (working document) Updated Materials  on CLINIC's DACA website including previous CLINIC webinars August 23rd Webinar on Capacity Building for DACA and DACA Updates (register here)

Grounds of Inadmissibility

E-learning Course:
Grounds of Inadmissibility
September 26-November 7, 2012 Click here for a more detailed course outline including the dates and times of the seven webinars. 

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