Idiart Law Group, LLC

Yesterday the federal government announced that it may use prosecutorial discretion in deciding not to pursue removal of persons in “low priority” cases, most likely those without criminal backgrounds who have served in the military or grown up in the U.S. school system. Apparently, it will conduct a case-by-case review of the cases already in the court system in order to prioritize removals. Here is the link to the White House blog announcing the change.  And here is the link to the ICE memo providing the guidelines for implementation back in June.

If you believe that you may qualify for cancellation of removal under these new guidelines, please contact us so we can talk about your specific situation.

We have several clients who come to us with problems trying to get government agencies and employers to accept documented proof of identity. An interesting case was decided recently by the Oregon Court of Appeals that provided one woman tight passage through the bureaucratic brickwall.

The court effectively allowed a woman to get a birth certificate for her son several years after the birth when her only proof of being in Oregon was her testimony and the testimony of her cousin. She was living in a migrant camp in North Plains for five months and delivered the baby there, but could provide no other evidence beyond their testimonies. The Oregon Court of Appeals found that this was enough to meet the burden of proof. The court held that a person can prove a child was born in Oregon through an independent court process outside of the usual administrative process of getting a birth certificate under ORS 432.140.  Perhaps the Supreme Court will interpret the law differently, but the court’s reasoning has interesting implications in fighting against stringent administrative procedures.

Read the court Opinion here

Read the recent Oregonian article here

The immigration issue will be a hot debate come 2012 election year.

http://www.cnn.com/2011/POLITICS/05/10/obama.immigration/index.html?hpt=T2

One of the frustrating parts of the U.S. immigration system is the time spent waiting for the government to process applications.* To reduce that wait time, the U.S. Department of State has steadily increased its use of electronic procedures to communicate with visa applicants and process immigrant and non-immigrant visa forms and documentation. Most recently, the Department of State introduced the use of the DS-260, the Electronic Application for Immigrant Visa and Alien Registration. The DS-260 is designed to be completed and signed electronically and will eventually replace the paper-based application process.  We at Idiart Law Group are up to speed with the new system and can help you through the process.

Currently, the DS-260 is required when processing at a limited number of U.S. embassies and consulates. All immigrant visa applicants processing through Ciudad Juarez (CDJ) and Mexico City, regardless of when the NVC began requesting fees and/or documents, must now complete the DS-260. Following completion of the online form, applicants in CDJ and Mexico City are being instructed to go to http://mexico.usvisa-info.com and follow the instructions to log in and schedule an appointment at any of the Applicant Service Centers (ASCs) in Mexico for biometrics. At the same website, applicants must select a DHL courier location where they would like to receive their visa. If the visa application is approved, the consulate will put the visa in the applicant’s passport and send the completed visa packet and passport to the applicant by DHL.

It is important to know that if a year passes since the applicant, petitioner, or representative has contacted the NVC, all previously submitted fees and documents will expire and will need to be resubmitted. In this situation, the termination process begins. Ultimately, if timely notification does not happen, the petitioner may need to file a new petition with USCIS, and there will be no retention of the original priority date.

If you have questions about the immigrant visa process, please call Idiart Law Group at 541-772-6969 begin_of_the_skype_highlighting 541-772-6969 end_of_the_skype_highlighting.

*Adapted from a report by Kristina Karpinski, Catholic Legal Immigration Network, Inc.