New DREAM Act? What is it? (Para Ser Legal 04-01-19 english)

En este episodio:

What is a path to citizenship that the bill describes? How can DACA or TPS help me get a green card today? Lastly, what happened to Oswaldo Lopez can happen to any immigrant learn why. All this and more is answered by the speaker, published author, and immigration attorney Andrés Mejer

Transcripción

Good morning. Welcome to the English version of our weekly radio show. But it’s really got to be legal. My name is and is on this method and I am a speaker a published author and an immigration attorney. Please don’t hold that part against me. So I’m here to explain to you. We got a great program today. We’re going to talk about the DREAM Act but what is the DREAM Act. What’s the new bill that was submitted just last week.

How does it affect you. What are its chances for success. Who was it meant to serve. Those that have darkerG.P.S. and something calledD.D. deferred enforced departure. Now what is darker. OH I’M SORRY WHAT IS THE NEW DREAM Act. Second part. What is this path to citizenship that is discussed in immigration. Path to citizenship path to legal status. What does it mean. What’s the difference. We’ll break it down. We’ll explain it to you third. What can I do today. How having DACA or CPS can assist me in getting my green card. That’s something that I could do to day and I better do it soon because you know duct tape. Yes. We don’t know how long they have. Lastly I want to talk about as Wilder Lopez as a story that could happen to any immigrants out of North Carolina. He was detained by by by ice. I won’t explain his story in this situation and why it is so important that if you have a path to legal status you search and apply for it to day as Waldo didn’t have any suffered for it.

And I’ll explain why in just a couple of minutes so I’m on this mission and now we’re going to talk about the DREAM Act. What is it. Well the DREAM Act has been proposed numerous times. This is not the first and the second thing is the third. But this one is bipartisan. It was presented by Senator Dick Durbin from Illinois Democrat and Senator Lindsey Graham Republican from South Carolina Lindsey Graham was also in the Gang of Eight for the last immigration reform bill. But lately he’s become a loud Trump supporter. Interesting enough since he was a Trump hater before he had some very strong words against Trump. But once he became president I guess he changed his mind. So him and Dick Durbin presented this bipartisan bill. It’s meant to help. Those you know the doc holders the kids that came here as minors and have grown up in the States. Now there was a separate bill presented by Senator Chris Van Hollen from Maryland and Senator Chris Ben Cardin from Maryland both Democrats called a secure act that protects to tap yes holders and deferred enforced departure. That’s deferred deferred enforced departure was for about 14000 Liberians.

That was done in the 90s under Clinton hand is extended all this time in total. This will just call the dream act for simplicity’s sake where it will label both bills as one can help about two point seven million immigrants. So there’s about 11 million undocumented that states today so that you understand Dhaka has about 700000 people that have applied for it. Actually over 700 but less than eight hundred thousand teepees has three hundred thousand.

has about 400000 but because of the way that Dhaka was written and when it was written when it became law in 2000 they never became law it was only a executive order. But when it was implemented 2012 there were certain requirements like you had to mention states before you turn 16. You had to be in school you had to graduated from school. So those limitations prevented some people from applying. And since the program was ended by Trump people who would now would fit the criteria but we’re. But we’re not 15 years old couldn’t apply then they can now. So there were people that qualified but they were not 15 years or older which was the requirement in order to apply.

So this gives a path to legal status first.

It’s a conditional green card What does that mean. It means you’re going to have to apply again for the permanent green card two stages. Now conditional. Green card has four requirements. One yet to been in the US four years before the bill became law. Obviously it’s not law yet. Second you had to enter the United States when you were 17 years old or younger. Basically before your 18th birthday you had to enter the United States Dhaka said before your 16th birthday. So this expands it not disqualified by a serious crime. Now we don’t know what exactly that means but on the Dakar domestic violence DUI drug charges certain crimes and while turpitude are an automatic disqualifier it remains to be seen whether now that was by far the lowest barrier to be disqualified was Dhaka. It’s lower than s lower than the green card lower than the city’s low than anything else. Basically most crimes result in a disqualification. It’s either a serious crime or three or more smaller crimes so we’ll figure out what that says last requirement is you need to have your g d or your high school degree. It’s not enough for you to say you’re in school. You need to have completed it according to this proposal.

Now once you have that for a certain period time again we don’t know how long in order to file for the full green card the full become a full lover from person resident remove the condition you have to earn a college degree can be a four year degree. Or it could be a two year degree that can associates.

It can also be a technical school some education for a program at least two years in some accredited school. Now it can’t be something I open my garage last month. I’m paying you money. I’ll give you a degree that’s not going to fly. It needs to be something that’s accredited and accepted by Department of Education. So that’s one avenue. Another avenues you go to the military. A third avenue is you need to be employed in the US for three or more years. My opinion that last section will probably never. It’s too low. It’s too simple. Meaning most programs have a requirement that you’re working. Dhaka could easily have the same thing now. It would be nice if they kept it in. If it gets approved but it’s unlikely because it’s a little too easy now what needs to happen. Well

a bill was proposed in the House of Representatives about two weeks ago. Bills proposed in the Senate Senate is controlled by Republicans House of Representatives controlled by the Democrats. Both houses need to approve legislation if they’re not similar. It goes to a committee to try to hash out the differences and then it goes to the president for his signature. Now I’ve always said if President Trump wants to do something on immigration he can.

He has the clout.

He has the base. He’s in a position where he can do it. Now he’s shown no willingness to do that. All he talks about his deportation. All he talks about is how immigrants are criminals and they come from quote unquote shithole countries. Forgive me that’s his his term not mine.

You know so I will it happen. I don’t know. It all depends if he actually wants to be elected again. If he wants to show that he can actually run the country or if he just wants to go and talk about how evil the movements are so only time will tell which way we’ll go point of it is this is a path to citizenship. Why Dhaka is not. Why is that. Simply because just having Dhaka by itself will never get you a green card and will never get you citizenship.

This bill if you follow each of the steps you will ultimately be able to apply and receive your citizenship if it gets passed you’re going to get a green card. First a conditional one then you get removed. Then you can apply to remove those conditions.

Then once time passes probably 5 years maybe longer. You can then apply to become a US citizen. That cop or CPS never granted you your green card. It does not give you by itself a lawful doesn’t make you become a loving home and resident. That’s why it’s not a path to citizenship.

What it says is basically a path to citizenship means once you pass.

Once you apply and get approved for each stage you will be aU.S. citizen. If you choose to you don’t have to. Path to legal set legal status just means you apply for something you get approved you receive status. Think of a student visa. You’re here for a certain period time. Think of a tourist visa. It gives you a status for a period of time but without more a student will never become a lover who resent or or aU.S. citizen unless employer applies for him or her family applies for him or her. There has to be another application process that isn’t

created by this legislation. So that’s the difference. Legislation that’s a path to citizenship by its terms. If you follow each of the steps you can should you choose to and you darn well should apply for citizenship and get it. Path to legal status is just that it normalize situation. It gives you permission to stay here for a period of time. If you violate the terms of that status you could lose and can be deported. citizen can’t be deported unless they lose their citizenship because they procured it through fraud. All right. So now we talked about what is the DREAM Act. Who is it. Who. Who is it based to help. What is the path to citizenship versus path to legal status. And why this dream act is a path to citizenship. Now I want to talk to you. Third part of the show we’re really ambitious today. We’re trying to do four things today. We usually don’t get past three. So bear with me I’m going a little quick. If you have any questions you can contact us on Facebook. I’ll do my best to get in touch with you either now or after the show.

You can also give us a call 8 8 8 8 8 8 0 3 0 7. Request a copy of my book. Path to legal status. Happy to provide it to you. If you’re in New Jersey I’ll mail it to you. If you ask other Jersey I’ll only give you electronic copy but you still get it. So now if I haveDr. How can I get my green card. Is there a way. There is. How does Doctor tepees help me in getting my green card meaning and becoming aU.S. citizen. So imagine I came here when I was 6 years old. Imagine that when I turned 17 Dhaka 2012 Dhaka was implemented. I applied and I received Dhaka. And when I turned 18 I already had Dhaka. Now I am 26 years old. I am married to aU.S. citizen and she wants to apply for me. How can how does this help me. Well I’ll tell you why. Because you accrue what’s called unlawful presence. When you turn 18. What that means is every day after 18 that you are now an adult. You can make your own decisions. If you stay more than six months in the US you will crew and lawful presence. If your crew. And that means if you ever leave you’re not allowed to come back for three years or 10 years depending on how much unlawful presence you’ve accumulated. If it’s more than a year you’re barred for 10 years unless you apply and receive a waiver.

So the way to understand this is look at a family based petition family based petition. We’ve talked about this before somebody go a little fast. Family based petition has two main components. 1 you’ve got to document the relationship. It really is my father I promise. Birth certificate says the DNA test said so. Mom is usually easier because Mom’s always in a birth certificate. They always know mom is tone always know what that is. But what happens if born out of wedlock you know that kid that can get a little hazy can get complicated.

But document the relationship it really is my brother.

It really is my. My parents or my spouse. Now spouse a little bit different because I could go to a judge and be married tomorrow. That doesn’t mean an immigrations perspective that it’s a legitimate marriage. Do we have kids you know. Do we live together.

Do we have bills in common. Have our emotional financial and social lives been joined together. That’s what we need to show to document their relation. The moment debt gets approved then I can apply for my green card now that either happens in the US or outside the US. In order for me to adjust in order for me to get my green card inside the US I need two things. One legal entry or two. Sorry one legal entry and to any immediate relative in immediate relative means a relationship that’s close enough to me as the law defines and they must be a US citizen so my spouse my parent if I’m a minor if I’m an adult my parents are not my immediate relatives anymore but my child is even if he’s adult if he’s over 21 he’s aU.S. citizen. He can apply for me that’s immediate relative but doesn’t go the other way around. It doesn’t make sense but that’s the law. So now that cop and CPS prior to trump Vaca had a means to get a travel permit. So there are people that applied for those called is called advance parole for education reasons humanitarian reasons. School related reasons I could travel think of foreign exchange I could travel outside the US with permission and then enter the United States with that permission. That is a legal entry so I may have come in illegally using the example I came when I was 6 illegally. I when I was 17 duck came around and I got darker. And at 18 or 19 I left the US with permission visited my home country came back after a week or two. I now have legal legal entry and my wife applied it wants to apply for me in a year to year and a half because it used to be six months under Obama but now it’s over a year. She my wife applied to me I will get my citizenship.

Why. Because when I’m sorry I will get become a local resident andU.S in future be able to apply for citizenship but I’ll get my green card without having to leave the US without having to apply for a waiver because I never accumulate a lawful presence number one and number two I have legal entry. Now let’s use the same example but I never used advanced parole so I answer when I was 6. By the time I 17 I got DACA. When I was 18 I’ve maintained DACA and my wife’s aU.S. citizen. I do not have illegal entry. I will have to leave theU.S. but because I never accrued a lawful presence I don’t need a waiver. So the moment that she applies for me the moment that gets approved that by itself takes seven to twelve months.

[00:16:17] Then documents get sent to national visa center. From there it gets sent to the embassy in my home country. I choose what embassy I’m going to get interviewed at. In my case it would be the US Embassy in Santiago because that’s where I was born and treated. That’s you know that’s what my country of origin so I would go back to the back to shoot it. I would get interviewed there and I’d be back in two to four weeks. No waiver necessary. [00:16:41][23.8]

It’s a short vacation forced in somewhat stressful but at the end of the day it’s relatively easy in comparison to what we’re talking about for everybody else.

Now if what happens if I have to.

well TPA depending on where you live your life might be easier or might be harder. Why do I say that in some jurisdictions. Take Philadelphia for example applying and receiving CPS is by itself an admission to the US just by being approved CPS. I lawfully entered. Even though it’s kind of a fiction so I entered. You just had an example. I came in when I was 6 illegally. I applied for CPS and I got tepees.

If I got it before I was before I became a teen I didn’t accrue enough presence. Now I will tell you I don’t know a single client that ever fit that fact pattern. Every every client I had for CPS came in as an adult. I’m sure there are some kids that got it. I just haven’t met them.

I live in Philadelphia. My wife’s aU.S. citizen because I have tepees with no no legal entry no leaving applying and coming back to theU.S. legally I can get my green card and become a London resident in the US. Same thing in New Jersey. I will be denied. Why. Because New Jersey does not agree that applying and receiving CPS is a lawful admission. I think they’re wrong. Now. Interesting enough. We’re in the third circuit. You know the country is divided by circuits for federal court purposes filled Pennsylvania and New Jersey is the same 3rd Circuit but Philadelphia has one outcome. New Jersey so far hasn’t because no one’s challenged it. That needs to happen and it needs to go to the 3rd Circuit and 3rd Circuit to say yes. Just like the 6th Circuit and the 9th Circuit had said yes TPA alone is a lawful admission. So let’s say you’re in New Jersey not Philadelphia but you applied for advanced parole under S because that’s allowed. Why is it allowed. Because Trump can’t stop it. It’s from Congress. It’s not from the executive. He can’t just eliminate with a pen.

So if you left in and re-entered with advanced parole that is a lawful admission. Your wife can apply for you even if you include a love of presence and you will be able to adjust your status in the US if you never left and you in New Jersey and you don’t want to litigate.

You don’t want to fight for years and everybody else is right to under just lawful admission. Well you can apply for a waiver so once the ritual is approved you apply for the waiver you leave under the other.

Once the waiver is approved you leave you get into and you come back and you’re a lawful permanent resident. So that is how DACA or TPA can help you achieve legal status. But the point is DACA by itself is not a path to citizenship. You need something like a family based petition to be able to apply and receive your green card. Now let’s talk about why it is so incredibly important that you find an alternative to DACA or CPS in case you don’t know that Trump is has done his very best to eliminate DACA and CPS now in the fall of 2017. He ended DACA like that. No advance notice. September 5th said as of today done and we won’t.

We will not accept new petitions. As of today and we’re only going to set renewals for a certain period time and those eight hundred thousand people that had it have to leave now. Court said not so fast. I don’t agree in the way that you did it. I don’t believe that you had the proper intent. You didn’t follow the right procedure so the courts have stopped Trump from eliminating DACA unprocessed jail grounds. Well they’re fixing that and it’s just a matter of time. At some point look just like the Muslim travel blame ban. It took Trump three tries until he got it right but he ultimately got a ban approved by the Supreme Court and he implemented it in a very inappropriate manner. And that’s going to be the next lawsuit. But the point is Dhaka. He’s trying to eliminate and he will eliminate at some point that affects a hundred thousand people. Another three hundred thousand people from in Salvador Honduras Sudan and Haiti ended it and suddenly extended for a little while. And again the courts have stopped him and said the way you went about doing it is not appropriate do it right.

And that’s what he’s looking to do now. In the meantime those cases are going through the courts of appeals they’ll ultimate get Supreme Court and we’ll see what the Supreme Court does it point is in the next two years. It is possible Daka and TPA are gone and everybody that’s on it has no more legal protection. That’s another million plus people that could be put in removal proceedings. In addition to the one point one million that are already in removal proceedings I mean if you don’t think Trump is trying to break the immigration system. Well I don’t know what planet you’re living in. It’s certainly not on planet earth because it’s pretty darn clear he’s willing to break the system.

Now let’s talk about Oswaldo Lopez. Why Oswaldo. Is it crucial to understand because it could happen to anybody any immigrant could could could find himself in Oswaldo situation now as while the lives in Raleigh North Carolina. He entered United States when he was 18 months old. He’s had dark he’s at the time this happened. He was 20. He’s soon to turn 21. So Oswaldo meets a girl on tinder. They’re texting back and forth. They’re speaking. They meet up for a date. Towards the end of it they go. They start making out in the parking lot of a park. The park closed after sundown. After 8:00 it is about just before midnight police comes in and says Hey what’s going on. [00:23:18][50.4]

Now as Waldo thought the girl was 20 years old. She said she was 20 years old.

In her application on Tinder also such as 20 years old. Well she wasn’t. She was only 15. And even though she had you know her documentation was was wrong. I mean she had a fake license because she she was she was a minor. But as was the thought it was an adult and you took every reasonable precaution. He was arrested for loitering with a minor potentially could serve three years jail time. He was charged with trespass for being in the parking lot of a public park. When it’s when it was closed now they also found marijuana in the car. So they charged him with possession. He got charged. ICE took him and he got placed in removal proceedings. Now in North Carolina. And I’m by no means an expert on North Carolina law but the law says the different you know you can have contact sexual or otherwise with a minor as long as the difference is not more than five years five years well then was 19 and and the girl was 15. That’s for the police and the prosecutor made a mistake. They should never have charged him with that felony. But the moment it happened it triggered ice because there was a serious crime and ICE picked him up. He had Daka. So at the end of it the only thing he was convicted was for trespass. Let’s say in New Jersey that’s a disorderly persons offense. It’s not even considered a misdemeanor. But in North Carolina it’s a misdemeanor. They gave him 18 months probation. Now he had backup ICE picked him up while he was detained. His dark expired even though he had applied to renew it. He didn’t get an answer.He was in removal proceedings when he had DACA. More than that the judge deported him. Still Laskar now. They can’t actually deport him while he has dark up because the whole point of DACA is protection from deportation. But I understand what we’re talking about. He has protection from deportation but he’s still in removal proceedings. Is that fair. Hell no. Is it just. Absolutely not. Why should he pay for the time energy and expense to protect from deportation when he already has protection from deportation. Shouldn’t happen but it is. Listen we have two clients in a similar situation. The reason why this is important is because Oswaldo short of having drugs in the car.

We don’t know whether it was his or hers. None of the articles explain that. It may very well be hers not his but because it was in his car and at the time she said Yes it’s mine.

He got charged. They both got charged trespass misdemeanor. So for DACA you’re disqualified if you’re convicted of a significant misdemeanor or three or more misdemeanors here. He was convicted of one. That’s not enough to revoke his DACA. It’s not enough to disqualify him. But despite that he was in removal proceedings. He had a fifty thousand dollar bond. He spent tens of thousands of dollars in his legal defense between the criminal case and the immigration case. He had to go and try it now. He then appealed it. So he has protection in deportation but now he has an order of deportation that he shouldn’t have had.

And now he’s appealing that this could happen to anybody if you have DACA if you haveP.S. If you’re a green card holder you’re a lawful permanent resident. Apply for citizenship apply for legal status don’t just lay back and say I’m fine. Green card says you know what is it. If if Oswaldo was a green card holder and he had been convicted of those crimes he’d be deported he’d be gone. Simple. Convicted for sex abuse of a minor or sexual conduct with a minor. I mean that’s negative that that could be an aggravated felony which in immigration terms means you have almost no defense to deportation. So in summary we talked about first what is the DREAM Act. What’s the new DREAM Act. Is it going to pass. Is it not. I don’t know. Certainly you can. If Trump actually wants to do something. Has he shown an inclination to doing that. Zero. All he’s done is talk about how evil immigrants are and how bad that they are how bad people like me are. Like we don’t add anything to the country. I employ 20 people but I guess that doesn’t matter because I’m an immigrant. That’s Trump for you. So is it can you do it. You can but it needs to pass the Senate needs to pass the House of Representatives and has to be signed by the president. Then we spoke about OK what is a path to legal status a path to citizenship. Why is the DREAM Act provide a path to citizenship. What does that mean. Third we talked about how can I get a green card how to become a lawful permanent resident by how can DACA or CPS help me get my green card.

And lastly story that everybody should hear Oswaldo Lopez.

That should be push anybody that that has never sought help for to get legal status should go and find out if they qualify if they know they qualify for something they should do something about it before they wind up in immigration proceedings today. You know the process might be. It might be difficult but it becomes so much more difficult if you’re in removal proceedings at the same time.

Particularly in this climate. Don’t wait.

Pick up the phone. Give us a call. Call somebody else. I don’t care but do something and achieve legal status. So you want to talk to us. 8 8 8 8 8 8 0 3 0 7. You can also find this on Facebook. I just make a law because you’re seeing this video. You can also find us on the website site and just make a law dot com. I that’s make it until next time. Thank you for your time.