Category: Dream Act

How Will the Fifth Circuit Rule on DACA and DAPA?

It has been more that five months since the President gave this speech. The programs have been blocked by litigation, instead of allowing full implementation. Last Friday, the Fifth Circuit heard oral arguments regarding the injunctions. I do believe that  the Fifth Circuit will overrule the injunctions for the following reasons:

1. The injunction is very broad. This point was made by the government in its appeal. i do believe that such blanket injunction is very restrictive and is more injurious than the states are willing to admit.

2. The states lack standing. The Fifth Circuit ruled, in a similar case, that the State of Alabama lacked standing because the alleged injury was speculative. I believe that this is a similar case.

3. Immigration should remain a federal matter and the Court will be establishing a dangerous precedent if it allows the injunctions to go forward.

Hopefully, I am right.

California Supreme Court Holds that Undocumented Immigrants may Join State Bar

California’s Supreme Court ruled today that undocumented immigrant may join the state’s bar association. The ruling however is very limited in scope and may be of limited applicability outside the state. 

Sergio Garcia quest for admission into the bar association has garnered national attention. He had met all the eligibility criteria to be admitted, but for his undocumented status. The Department of Justice had issued a letter opposing his admission, which several advocacy groups, including AILA, filed amici briefs advocating for his admission. 
The main reasoning behind the ruling is although 8 USC 1621 bars an undocumented immigrant from holding a professional license, the section allows states to grant exceptions under their own rules. The court ruled that such exception was allowed in the State of California since the legislature has passed its own immigration reform law, which entered into effect on January 1, 2014. 
This decision should be heralded and followed by other states. We will await our own Supreme Court’s decision regarding the issue.  

Should you apply for naturalization when you have voted illegally?

Should you apply for naturalization when you have voted illegally?

Throughout my years of practice, I have met several lawful permanent residents who have either registered to vote, or actually voted in an election. They now want to apply for naturalization, or have already applied and denied, and they are afraid that they will be placed in removal proceedings. Illegal voting is a very serious violation of immigration law, however, the inquiry does not simply end there. There are several things for which the government looks when ruling on these decisions. There are the same thing that an attorney should stress when applying for naturalization for someone in these circumstances, or when appealing a denial of an application for naturalization. 
Under section 101(f) of the Immigration and Naturalization Act, a person is precluded from establishing good moral character (for any benefit under the act including naturalization), if the person has claimed he is a United States citizen. However, there are exceptions to this rule when the person is an applicant for naturalization. For example, the law exempts persons  1)  who reasonably believed that they are citizens at the time 2) have entered the United States when they were less that 16 years old and 3) whose parents were in fact United States citizens at the time. Memo, Yates, Deputy
Exe.  Assoc. Comm. Operations, USCIS, available at, http://www.uscis.gov/USCIS/Laws/Memoranda/VoterMem_Plus86.pdf (2002). The officer should determine if the person falls under this exception to the good moral character rule, and if he does, the officer should approve the application of there are no other things that would prevent approval 

If the person does not qualify for the exception under the law, the Service officer must look at several factor including 1) family ties and background; 2) the absence or presence of other criminal history; 3) education and school records; 4) employment history; 5) other law abiding behavior; 6) community involvement; 7) credibility of the applicant; 8) length of time in the United States to see whether the applicant deserves the exercise of prosecutorial discretion. Id.  If the person deserves prosecutorial discretion, the officer should adjudicate the application and approve it is there are no other bars to eligibility. 

A Service officer must also look at state law to check the requirements for illegal voting. For example, several states require a mental state for the person to be convicted of illegal voting or registration. So if you are a lawful permanent resident and you find yourself  in a situation that might prevent you from obtaining citizenship DO NOT LOSE HOPE and  call the attorneys at Tucker & Ludin P.A. You can reach us at 727-572-5000 or visit us at www.tuckerludin.com.  

Don’t be Fooled DREAMers, Hire an Attorney!!!

Don’t be Fooled DREAMers, Hire an Attorney!!!!

So, you think that you qualify for the new Obama policy? You know that you really need to get out of the shadows. You know that you could really use the employment document that might come with your application. but you are still thinking that you should apply on your own without hiring an attorney. This blog will discuss why that might be the costliest mistake of your life. 
There is an an Arabic proverb that roughly translates to: “bake your bread at the bakery, even if the baker took half of it”. That proverb is perfect to illustrate the point that, no matter how much money an attorney takes, it would be worth it to hire one. No one knows immigration law better than an immigration attorney. Someone might tell you that they have filled out these forms before and might charge you peanuts compared to an attorney. However, the simplest mistake on these forms could lead to a denial. You only get one shot at this, so make it count!!!!
Lawyers are word smiths and are trained to advocate with their words. In highly discretionary cases, a strongly written cover page for your case could go a long way. It is hard to believe that  an immigration officer takes an average of twenty minutes to rule on your petition. Wouldn’t you rather have someone, like an attorney at Tucker & Ludin, advocate for you to make these twenty minutes count?  
Lastly, you might simply be ineligible for relief under the program. You might be thinking that the DUI you got when you were a minor five years ago is not a serious thing. However, what you  might not know is that  DUI could be a ground to deny your application. So, even if you do not end up hiring an attorney, at the very least consult with one to protect yourself. 
If we could ever help you, or if you think that someone in your family could use our help, please do not hesitate to contact us at 727-572-5000 or visit us at www.tuckerludin.com.