>>SPEAKER: Good evening. We'll get started. Thank you for joining us for this information
session on what's next for DACA and TPS Recipients.
Today we're going to tell you a little bit first about CUNY SPS and then talk about
policies regarding DACA and TPS and then, at the end, time for some questions.
So (inaudible) introduce myself.
I'm Dawn Picken, the Program director here at the School of Professional Studies.
I am joined today by our main presenter Mark Drucker
who is a practicing immigration law attorney. He teaches in our immigration law
advanced certificate program as well and we'll be hearing from Mark in just a minute.
But I wanted to tell folks about our immigration law certificate program. So just a little
bit briefly about school if you're not familiar with us.
CUNY SPS offers bachelor's degrees,
master's degrees, as well as certificates at the undergraduate and graduate level.
Our immigration law certificate program began in 2005,
so it's been around for a while. We offer classes
in this program online and in person format.
Don't need any prior immigration experience to take this program.
You need to have a bachelors degree with certificate program at the graduate
level program. So this program as all of the programs here at CUNY SPS, are asynchronous.
And faculty that teach in the program, they're all practitioners in the field. So practicing
lawyers, judges, that do this work every day.
If you are interested learning more about the
program, actually going to be having an open house online only,
and that's to be on May 16th at 12 o'clock,
so come for lunch and join us for that Webinar.
If you want your register for that the slide there as the website address.
We also have some materials addressed to register.
And so with that, turn it over to Mark.
>> MARK: The reason I'm doing this talk about
it is because people are very upset about not knowing what their future is going to hold.
I've been here a long time.
Certainly the people with TPS has been basically Salvadorians. Since
2001, they've been basically here for 17 years, all the deployment authorization. So now all
of a sudden they have to scramble and find some other way to stay here. So that's what
we're going to be talking about today/tonight.
Basically where we stand now is kind of nowhere.
I mean, I don't see any bills in congress at this point that's talking about extending
or dealing with TPS issue. There was, you know, a little bit, the president said that
he wanted to. He's willing to sign a bill.
That never came to fruition. So back to square one.
I don't want to get into politics of immigration. Plus people are on all sides.
But the groundswell, I think was amongst the American population, that DACA recipients
should be able to stay here. And there's a lot of misinformation about what is a DACA
recipient. I'll meet people on vacation and they'll tell me, how come DACA people can't
get their citizenship? What's the problem?
They don't really get that DACA recipients don't even have a green card.
They basically are allowed to stay here, but they're still illegally here. So they
don't really have any other status other than the fact in they're allowed to stay and work
here and its generally for two‑year increments. So how did DACA come about? What brought
this DACA provision? And really it was because I think President Obama was very frustrated
with congress. He had proposed some legislation, comprehensive immigration, reform bill that
was approved by the senate. There was consensus basically that immigration needed reform,
needed to change things around,
and certainly the young. Who would object to giving young people,
the ability to stay here and work, and then you know what happened. Nothing happened.
So basically he issued this executive order, which is not a law. It's an executive order
that allows for what's called deferred action. A lot of misunderstanding about what is deferred
action. And some of the court said, well, that's unconstitutional. But I tend to disagree.
I think there was a number of times when I, when I went for immigration. Someone was in
deportation proceedings and you would ask for deferred action,
and they would grant it to you. So it was not
something that was off the wall.
Deferred action was granted to people who had some kinfd of hardship here.
children here, and they were granted employment
authorization usually for a year, and they go back, and they went, again, deferred action.
Where President Obama said let's put this into some executive order. he said, we're just
going to defer action for these people who came here before they were the age of 16.
They had a clean record. They didn't have any serious misdemeanor or a felony, even
a DUI. They had to show it they've been here every year since 2007.
So that's basically what is required for DACA. And a lot of people, I think were
under the impression that people coming in from the border can quickly come in and apply
for DACA. That's crazy. Right?
This is what they have to have, and they had to be under
the age of 31 on June 15, 2012. Some people just missed out on that.
They had to actually come
in here illegally, and their lawful status had to expire on June 15, 2012. They had to show
school records from early on that they've been here every year. So they had to show
vaccination records, they had to show that they had a high school diploma or they were
taking a GED course or passed a GED. So it wasn't something that anybody could apply for.
They're pretty strict at looking at all your documents, making sure you had the physical
presence, again, if you had any kind of criminal record, you weren't qualified unless it was
a minor disorderly conduct. So basically that's what DACA is about. There was another proposal
that was DAPA, that was Deferred Action for Parents of U.S. Citizen children.
And that also was executive order that President Obama put forward and what happened to that. Well,
there's a court of appeals case that came out of the fifth circuit that basically said
that's unconstitutional. That died.
That's how it actually came about. But DACA has been, you know,
a good program it, but when President Trump was running for office, one of his major slogans
was DACA was illegal because President Obama didn't have the authorization, wasn't a law.
So when he became president, he basically said I'm going to rescind it, it's not there,
congress has to come up with something to prove improve DACA or DACA doesn't exist.
So we're up to now, basically what's going on with DACA. So that's what we're talking about.
So there's been a couple cases. So that has to go for
Judge is giving 90 days to talk to Homeland security to explain its reasoning.
So right now, under two quick cases out of one out of federal District Court in California regions
of the University of California that was decided January 9, 2018, and the 9th circuit and
one out of Brooklyn that basically said that EHS has to, have to accept doctor extension
requests. So now, and the USCIS said, yes, you have to take it. So people now can apply.
And I'm telling my clients to apply right now even if you have 6 months or 8 months.
Apply now. They're not rejecting them.
Don't wait till the last minute to apply because
we don't know what's going to happen. If you apply now, you're going to get the 2 years.
So that's number one. You've got to apply now.
If you're DACA expired before September 5, 2016,
one can request DACA as a renewal. Can't file it as an extension. So that's a
big thing too. You have to see when your DACA expired. Some people waited a long time.
They think they were going to get some else, and they didn't. So you've got to check your
date of expiration. It says here between 150 and 120 days before expiration.
I don't believe that. I think they're going to take it any day. So I'm getting clients, and you're
getting the full 2 years, you know, get your work authorization. So that's very important
to do. The thing you can't do now is get advanced parole.
Everybody I think probably knows what advanced parole is.
It's permission to travel outside of the United States, to go home and
come back in. When you come back in,
you come back in legally with parole document.
So that may be your illegal entry that you had when you first came here. That's very important.
But some people didn't have the advanced parole, and now it's too late. Okay? So you can't
have your client now try to get advanced parole or even try to leave the country. Very dangerous.
So I would recommend filing, telling you, if you have DACA, apply for the extension
as soon as possible. I don't know if anyone saw in today's paper. It was yesterday.
I think the state of Texas. Five other states have now sued the Government to end the DACA
program. All right? They filed a lawsuit against the federal government and federal
District Court challenging the 2012 executive action that created the DACA program and
seeks the injunction against the renewal of any permit in the future. This is very troublesome.
Not only because of what it says. But guess where it was brought? Same place where the
DAPA case was brought. So that was in Brownsville, Texas.
And guess what? It's only one judge,
federal District Court judge in Brownsville, Texas, and guess what his feeling is about immigration?
So this is going to be problematic because if he gets this case‑‑and it looks
like he will‑‑you know how he's going to rule, and it's going to go back up to the
fifth circuit. I think we know how they're going to rule. So it may end up seeing the
end of DACA even with these federal court dates. So that's the word of applies that
filed DACA as soon as possible. Okay?
We don't know how long this case is taking till it finds it way up the
fifth circuit, and then it may be challenged again into the Supreme Court. But we even
know now, about the Supreme Court, is going to rule on President Trump's ban on --
travel ban for certain countries. So if that's the case, I think it's going to be not a good
one for DACA recipients. Before I give you some alternatives, I also want to talk
a little bit about TPS, because that's another area.
Okay. So TPS is a very different animal
than DACA. Everyone should understand why.
TPS is a law. Okay. This was an act by congress.
Part of the Section 244 of the INN act. So you can read it and have your Immigration Act.
It's right here under Section 244 status. So that is something that cannot challenge
in court, but the problem with TPS is that it's attorney general has granted pretty much
sole authority to designate which countries are eligible for TPS and should be granted.
So what is it basically say. They have to show that there's an ongoing armed conflict
with a designated country and caused a serious threat to their perform safety. Well, what's
one country you hear about all the time? That's one of the few countries I think still getting
TPS and that's probably Syria. Right? But we're all hearing now that
El Salvador talked about. Honduras. TPS for El Salvador.
It's basically going to be extended only until 9/9/2019.
then it ends. You can't apply now. There's still an extension of it.
Get your work permit. I even had someone come in yesterday which was very interesting.
They actually got advanced parole, came back in last week. So I was very surprised that
they would give them advanced parole knowing that the TPS is ending. That was very interesting
because now that person has a legal entry, and she's married to a citizen. So she could
maybe adjust her status here. That makes a big difference. So if you have TPS and you
show that there's a reason, a humantarian reason, why you have to leave the country,
And in this case, you only said her aunt was very sick and able to get permission to leave
and come back, and It really made a big difference now, I think, in her case.
Honduras basically is extended,
and I think you have to file, you have time to file that.
They haven't really made a decision yet on that. Katie, I think you all heard about Katie's
you know, TPS. There's an 18‑month grace period to allow for transition they're saying.
So people from Haiti can get, I guess, extension of TPS. But again, it's ending. Liberia.
That's going to be terminated as of 3/31/2019.
So that's basically next year. There's only one basically
that's still going to get it is Syria right now. I just saw yesterday
that we got a notice that TPS for Nepal has been terminated.
So that's an interesting situation.
When we talked about what is TPS, we talked about armed conflict, it was
also an issue of what happens if there's an earthquake,
or a narutall disaster in your country.
I think that's basically what happened in El Salvador.
I believe it was floods and earthquakes,
and that basically made it so difficult
for people to come back with no home to come back to.
So they basically said, okay. Well, you can stay, and they kept extending it, and even though
we knew that things had gotten better there, so this is where there's a little bit of,
if you want to call it hypocrisy.
Basically they're saying that after all these years things have changed.
But things changed about 10 years ago,
not in the last year or two.
Foreign country must request TPS designation with
their aliens living in the United States.
Basically there's an application that has
to be filed. It doesn't cost anything. The only thing that costs is the fee for the employment
authorization which I think is $410.
In Nepal, they had a big problem with earthquake, and
again, it was a big mess there. Therefore, they gave people from Nepal permission to
stay here. Okay. What does TPS give you?
So it basically gives you protective status,
permission to stay here, work here,
you get an employment ycard for a year, sometimes for 15 months.
Get the advanced goal to travel. You also apply for asylum. All right? So a lot of people
from El Salvador and other countries where they were afraid to go back to.
So, yes, if you want to apply for asylum, you can do that also.
Then you may apply for Cancellation of of Removal once the TPS expires.
So now I think everybody wants to know what are our alternatives? What are our options?
So one that most people want fail to get their green card here. Right?
Adjust their status.
So they're basically a couple of options for that. One is under Section 245 A.
You have to show. If you're qualified, you have to have the proof, petition, or petition filed
on your behalf. So you have a spouse file petition with you, for you, you have a child
that's over 21 that's born here, that child can file for you, if you have a parent or
even a brother or sister for filed for you years and years ago by already date that's
current, might be able to file for adjustment status.
The two areas I think that are most
interesting is parole, parole in place.
We talked a little bit about patrol and basically
people who were getting advanced parole through the TPS or through DACA. Right?
But they could now adjust their status because
they had a legal entry if they have an approved petition.
Parole in place is more interesting. And I don't know if anyone knows what that is.
But that's basically a decision that came about a few years ago. It was a military families.
Called military parole in place, where if your son, stepson, spouse, was in the military,
even if it was in the National Guard, we could attest for what's called parole in place,
and I haven't lost one of those cases.
But if you get the parole in place,
you don't have to leave the country,
doing it all here to getting an I 94 showing that you've been
basically paroled into the United States. And with that parole in place, you could then
adjust your status based on the petition.
The other type of parole is not military but
if you could show, and I think, I haven't tried it yet, but there's some real humantarian
reasons why you can't leave the country. You could ask for parole in place.
And I'm thinking maybe if you have this very sick child or
your spouse is very sick, you could try it.
Doesn't hurt. Make this request that might be granted. So I think it's worth a shot.
You can do it. So under Section 245A,
you get your green card here, and it's pretty quick.
It's taking about nine to 10 months in New York and New Jersey to get your interview.
Generally under now, under the Trump Administration, everybody's being interviewed.
Even professors and they're interviewing people who never were interviewed before.
Now the second adjustment of status is under Section 245 I.
And that's a very tricky section because it requires to
have a petition filed on your behalf for April 30, 2001, and you had to be physically present
here on December 21st,, 2000.
But there are a lot of exceptions to this. So if you're
married to somebody who had the 245 I eligibility, you would be able to get derivative status.
If your mother or father had 245 I, even though they never got their residence and
you were under 21, you would still qualify for 245 I as a derivative.
So I had recently
a case in New York where I had to explain to one of the supervisors from the 245 section
how grandfathering works. Because again, they're taking people from different sections, and
they really don't know that much about the law, and there's a very confusing part of
the law. So you may have to explain to them what derivative status means.
And if you don't have to be under 21 at the time that your spouse
became a 245 I eligible or even marry him before that.
So I suggest either read up on grandfathering 2 45 I or take a class.
If you qualify for 245 I, you really just have to pay $1,000 and get a green card here.
Which I think is much more preferable.
A lot of people had, and certainly certain countries in particular,
Mexico, where you had to file, you know, their line is 20 years behind for a married child
or a child, a resident.
Some people people have filed maybe from their uncle or from
their aunt, from their parents. They've been waiting for a long, long time.
These people may be eligible for the 245 I.
So something to think about and check.
Next option is actually, say you're
married to a citizen, your parents' a citizen, and you came in illegally, you want to get
your green card. Right? But if you didn't have your advanced parole, you're not eligible
for parole in place, what can you do?
And a lot of people say, well, I don't want to go home.
But there is an option. And that's something that was passed. It's a law.
It's in the act. It's called the I 601 waver.
It's a very, very good waver. 601 was a waver,
but you had to file that when you were abroad for the council would say, okay.
You're going to see, well, you're subject to 10‑year bar.
You all know that basically if you're here illegally for more than 1 year, the minute you leave the country,
you can't come back for 10 years. Right? That's the law.
And the 601 basically waves 10‑year requirement,
but you have to show certain, your eligibility. And the eligibility standard is pretty high.
You have to show extreme hardship to a spouse who's a resident, citizen, or a parent, a
residents, or citizen. All right?
But the beauty of the 601 A waiver is that it's done here. Okay?
So you apply for the 601 waiver after your petition is approved, after you're
all ready to Visa process, submit this I-601A waiver, and if it's approved, then you
can go home to whatever embassy you might be, whether or not it's Paris, wherever it
might be,and generally you are back in a week.
I've had everyone come back. I haven't really lost anybody
on ones whose had the 6O1A waiver.
Now in order to really present a good 6O1A waiver,
how do you show (unintelligible). Okay, and that's
what really, you know, good lawyering or packaging does.
Generally the first thing I do is tell
my client that they are citizen spouse or parent.
Has to have a psychological evaluation.
You show what kind of hardship they're going to suffer if their spouse has to go to
Mexico or to Haiti or to Salvador. What's going to happen to them, and how are they
going to be able to live here without their spouse, or how are they going to live there
after 10 years with their spouse?
So that's very important to get a good detailed psychological evaluation.
That's number one. Number two is you have to establish--
Someone's going to suffer hardship, because, if they have a child here,
What are they going to do with the child?
Can't show the hardship to the child
to show how the hardship of the child will affect
you as citizen or a permanent resident parent, right?
So say you have a child that's got bad asthma.
Or has some sort of disability. So what's the parent going to do?
If your spouse has to go to Mexico, you want to go to Mexico with your spouse,
what's going to happen to your child? He's not going to be able to get care and treatment
that he's going to get here, so it puts the parent in this position. Right?
They have to know what am I going to do?
I've got a terrible, terrible situation that sometimes you have an older parent who
may have dementia or problem. Who do you show that to? I can't leave my mother or my father
here because they really need my help. I help minister drugs. I take them to the store.
I support them. So that's all very, very important to establish.
The 601A waiver is very, very important.
If you have no option, if the 245A or the 245 I is not available to you,
you can look into that.
The next we have is a employment‑based option. Now I've had
a lot of people come in and say, well, my lawyer wants to sponsor me. That's great.
You get a lot of people who are residents through a sponsorships of restaurants
HVACA Health Care,
all kinds of jobs, and you go through the labor department.
You establish that the person has a real skill.
You can't find in an American worker to replace that person. Right?
Whether it's home attendance, housekeepers, they run the gamut.
That's become problematic now
because you can't adjust your status if they're here illegally
and they're not eligible generally for the 601A waiver
because they don't have the necessary family. They may have a child
here who's a citizen. That doesn't give him the 6 0 1A waiver.
Everyone I think hopefully understands that.
So employment based option is an option, but sometimes it's really not,
I'll tell clients it doesn't pay to go through the whole process. It's an expensive process.
Advertise a job. Show that there's no American worker available. And you're talking about
thousands of dollars when at the end, where are they going to go to get a green card?
That's why I try to say, where do you go? If you leave the country, you can't come back.
You can't do it here. So there's that issue. A lot of people coming in‑‑and I think
you know or should know about the U Visa. There's a U Visa and a T Visa.
U Visa is more common.
Basically it's for people who have been victims of a crime. You've got a lot
of women who said that they've been abused, and sometimes that's considered a crime. But
But they have to establish that there's a serious crime,
has to meet a definition of what the crime is,
You have to say it will show you helped bringing this person to justice.
If you helped the prosecutor in evicting this person. So you have to show cooperation with
the District Attorney's office. So the District Attorney has to sign off on the form.
It's a 918B I believe. Yeah. 918 suplement B.
So if you're been a victim of a crime but
never really went to the DA's office, you never really helped anybody,
you're not going to get it.
And I just had one recently where we did get one, and this was an interesting
case because there was a mother of a child who was at a park with her child,
and the child was on the swings. Some guy came up to her,
started touching her, she screamed,
got the police to come, and I guess he was doing it to a number of children around, and
they ended up convicting him on her testimony and he's in jail.
And, of course, she's the parent of a child.
She's entitled to a U Visa also. So you've got the U Visa.
U Visa is good for 4 years. If it's a work authorization.
The beauty of a U Visa, is that even if you came in illegally,
you can get your greencard here. That's another way around the 245.
requirement having to show (unintelligible) And you can get your green card after 3 years.
But there is a limit to the Visa. So sometimes you have to wait.
There's a lot of people applying now for those 10,000 Visas.
The types of crimes really vary tremendously.
You have to look it up. But you do have to show physical abuse, someone
someone hit you on the head,
tried to rob the store, or did something
to you,. As long as you can show that you had physical injury or psychological injury
and you helped the district attorney. And I think you might qualify. So it's a good thing
to try to do if you can do it or even if, again, if you had a child that had this problem.
I think it's something to look into.
T Visas. I'm not going to talk about that too much
because those are basically victims of trafficking. Okay? And that's basically sexual trafficking.
People brought them in to work as a prostitute or whatever.
or they were some that came in here as indentured servant--servitude.
There was a number of them that came out of China at one piont.
And they basically said that you have to pay off
the smuggler that brought you into the country
for a certain number of years,
and they had to work in these restaurants
and things basically as slaves until they paid off snake heads. So again, they were
victims of trafficking, and if you could prove it, they would also be entitled to a Visa.
There's a certain number of Visas available for trafficers. So 5,000 Visas per year, and
you have to show basically your severe traffic going on.
So there are certain organizations
that help in dealing with T Visas and certainly with U Visas. But these are options that I
think you might want to look into.
Political asylum. That's a very interesting area. Right? Anybody knows
what that is. Again, under the new Trump rules, taking people who applied now, giving them
into interviews first. Why are they doing that? I think that's to stop people from applying
for political asylum, because they're going to have deportation proceedings brought against
them if their case is not approved. So anybody who goes for political asylum,
and generally unless
you've got a really, really strong case, they can issue a notice to appear in immigration
court, then you have to see an immigration judge, and you're facing deportation.
So it's not something, I mean, clearly, if there's, you know, you're from a country Iran, Iraq,
where there's been real problems or changes in the last few years, you might want to pursue it,
but it's a dangerous thing because you're going to be exploited in deportation.
Employment authorization, you do qualify for a work permit
after 180 days, but because of this new policy
now, they're giving you a hearing right away,
and then you have 180 days, and you might
not get the work authorization. Right? So that's, the only reason you might want to
do political is because of this case. This section of the law is called cancellation
of removal for non‑permanent residence. This is an area where you can get permanent
residents without having to leave the country, without having to do a waiver, without having
to do anything. But these are some of the requirements.
So you have to have 10 years of cotinuos residence, no aggravated felonies, and the hardest part, which is some judges
view it differently, is letter E,
you have to show that the removal was resulted exceptional
and hardship with spouse, parent, or child who's a citizen or lawful permanent residence.
So what does that mean? I had a judge recently who denied my clients' application for cancellation.
And the child had kidney cancer from the age of four, came back at the age of ten.
Now she's in remission.
So the judge says, Well, you're in remission, you can go home. And
it would take an appeal right now. But again, it just shows you, most judges would never
pull that way because we all know that remission could be for a year or 2 years and tench
back again. And yet I had another judge who the child had asthma, and they granted cancellation
of removal. So we went all over the place.
So a lot depends on who the judge is, like anything.
But it's something you really might want to do, certainly if you have a child,
I'd say if you have a child that has autism or on the spectrum.
Those are strong cases
because generally most countries don't really
have programs education for children like that.
So that is something that you might want to look into.
So that's cancellation of removal.
The only other thing I have here is violence against women act.
And I think people know what that is. You have really, you've been abused as a spouse,
and you could qualify, again, for permanent residence status.
But in the last, number nine, is deferred action.
Now, strongest case, generally they're going to say "you have to go."
Arresting people on the spot to get immigration to go in for this.
Very risky now to go down to immigration on any case.
because they could lock you up.
We've heard it. I'm sure you've read about it
two people going down on a marriage case. And lo and behold,
someone from ICE is waiting outside the door to arrest them.
Of course, they had an old deportation order 20 or 30 years ago.
And they're finding things now through the computer
about old, old cases
I don't know, how much time do we have for questions?
Okay. Yep. So we have on the
board here CUNY Citizenship now. These are some of the resources.
Are they going to be able to see this, Dawn?
So they can see all this, right? Okay. So these are basically
the resources. There's a number of organizations that help people who are victims of crimes,
for the U Visas, for the T Visas, like I said. There are I think legal aid society who will
help people who really have very interesting cases.
Yeah. So anyone here have a quick question
or a question about something that I cover?
Yeah. And the question was, can something
who has an H1B Visa would be eligible for DACA.
The DACA could now change status to H1B. Generally no.
Because you have to be legally here to change your status.
You have to be in status to change status.
Someone who is in DACA already says they are illegally here.
You couldn't change the status to a student.
It'd be wonderful if you could change to like an F1.
Maybe someone in TPS,
they've never were illegally here could. But not a DACA.
So the question is: someone
has DACA and they end DACA. Would they be placed in proceedings?
in removal proceedings?
Now, that's something we've talked about.
According to the latest number, I think there's 7,000 people with DACA.
I don't know how they would go about it.
They have your address. They have all your information.
Whether they would start calling you in.
I don't know if they have the resources to do it.
I'm sure they could because you've already admitted that you're illegally here.
So I can't say no they wouldn't. I just don't know when.
Really, our attorney general, someone who wants, and I
think he's always been someone who wants to basically fit the United States of anyone
who's illegally here.
Has the DACA renewal under the new policy been renewed?
Yes. I've seen some of my clients already get 2 years.
Yeah. The question is:
if the legality of DACA goes to the Supreme Court,
how long would it take before they reach a decision? Well, that's really,
the only case I think right now would probably be that fifth circuit case,
that of Brownsville, or the fifth circuit.
We probably talked about a couple years I would think. Unless they want to extradite.
I don't see that as something immediate. But I don't know if the fifth circuit, how they
would rule, would they go punching wide like they did with DAPA
and say you are not allowed to accept any more applications or extensions.
I don't know. I don't know what the circuit's
going to do or what that decision's going to be.
Even yesterday, I read that the case
out of Brooklyn federal District Court, I think now, is going to go on appeal to the
second circuit. So there's a lot of litigation going on,
and unfortunately, congress isn't really doing anything right now. I don't know why.
But it seems like someone's dropped the ball, and no one is proposing any changes.
Yes, you can apply, clearly.
If you're a victim of gang violence in your home country, can you apply for political asylum?
So if it's been more
than 1 year since you've left your country, there's a certain rule that basically says
you could only apply for withholding. Not asylum.
Withholding is a form of asylum, but it doesn't give you all the rights.
It allows you to stay here. You can't travel and it's much more restrictive.
But if you show that you are afraid to go back
because the government can't protect you against these gangs
I think you might have a case. Like the cases coming out of El Salvador.
Most of them claim that they were afraid of these gangs.
Mexico, In particular, there's the drug cartel.
I don't think they've been too successful.
So the question is: if someone's DACA expired in 2015
and she came without a Visa, now has a U.S. citizen boyfriend,
can she get her Green Card? Was that basically your question.
She would probably have to go through the I-601 waiver
and do the Visa processing in her home country.
Well, It has to go as a new application.
So I mean, that's tough. But you can't do it under that decision.
That decision I think has been on,
it's been on hold for 90 days. Right? So we don't know where that's going to be. Right?
Oh yes. Yes.You can apply as a new applicant.
You're 100% correct. When it applies a new applicant, the documentation
again is the physical presence here, the high school diploma or GED. But yes. I'm sorry.
Well, I think, again, there's some confusion.
She wants to know if you can apply for adjustment status after the DACA renewal.
Well, what do we all know? Well, you can't. You have to have a legal entry.
So under the old rules, DACA people get the advanced parole,
leave the country, and come back in legally, and
then they could adjust their status here. Right? So just having DACA doesn't have
the right to apply for adjustment of status. You have to show legal entry for parole. Okay.
The question is: can DACA recipient get a student Visa
to go to another country? Basically that's up to the other country. Right?
I mean if they want to go to Australia or New Zealand and study there,
If they qualify, I don't see why they wouldn't give it to them,
but it's up to their countries. What's that?
Well they'll be subject to the 10‑year bar. Correct.
So if you're going to go, you're going to have to go for 10 years.
Sorry. I haven't heard that one. No.
The question is the gentleman has heard in they're going
through all naturalization applications to see if they maybe committed a fraud and they
could then present denaturalization proceedings. My experience is no.
It's not that easy to bring a denaturalization case.
They have to go through federal district court, they have
to have a tremendous amount of proof. So I don't think that I've heard any now.
One more.
Sure. It wouldn't be subject to the ten‑year bar. Right.
But generally most people, you know,
you had to be 16 to apply for DACA. And by now already, you probably, yeah.
DACA doesn't cure your illegal time here.
So I think it still approves. Yeah.
TPS does cure. So if you have TPS
and you are legally here before you apply for the TPS
then you are not accruing illegal time.
Right. You're still getting the 2 years according to what the CIS is saying.
Okay? Everyone, thank you so much for coming,
and I hope you got something out of this.
[Applause] >>SPEAKER: This is Dawn again.
I just want to let folks know that if you have other questions,
feel free to reach out to myself or Brandon Kelly.
He's the coordinator for this program. Anything personal to your specific,
you know, specific situation.
I would refer you back to some of the resources that were listed previously
that are in the presentation.
We will be sending this presentation out to everyone that registered.
So you will get the slides, and you know,
and then again, just if you have questions about taking the certificate program
that we offer, please come to our information session.
And thank you all for joining us. (Applause)
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