All posts by Theodore Murphy

“Parole in Place” Authorized for Certain Close Relatives of Active U.S. Service Members and Military Veterans

The Department of Homeland Security has issued a new policy that will help unauthorized and undocumented military dependents to secure permanent immigration status as soon as possible.  This effort seeks to relieve active-duty soldiers of the fear that their undocumented family members could be deported while they are deployed overseas.

Termed “Parole in Place,” this action will allow active military troops, as well as veterans, to know that relatives who are here illegally can be protected from deportation.  It guards the spouses, children, and parents of those on active duty as well as those who served in the armed forces in the past.

What that means is that noncitizen spouses, parents, and ummarried minor children of U.S. citizen members of the U.S. military (current or past) who are in the U.S. after an unlawful entry now have (as of November 2013) a path to a U.S. green card that is not available to others.

Family members can change their status via Parole in Place so that their unlawful entry will not bar them from applying for adjustment of status.  They can stay in the U.S. and move toward becoming permanent residents.

This opportunity allows those who already qualify for a green card based on this close family relationship to “adjust status”.  The can therefor apply for lawful permanent residence or a green card without leaving the U.S., despite their past illegal entry and stay.  Those immigrants who receive Parole in Place will have work permits, but will have to renew their documents every year.

It only seems fair that military members who have served our country selflessly and courageously can be assured that their spouses, children, and parents will be allowed to stay in the U.S. and pursue legal residency here.  They won’t be forced to leave the country and potentially be trapped overseas for years—often in dangerous places—before being allowed to return and work to become U.S. citizens.

TPS for Haiti Re-Registration Ending Soon

Temporary Protected Status (TPS) has been extended for eligible Haitians for an additional 18 months, starting July 23, 2014 through January 22, 2016. If you have already been granted TPS, you must re-register during the 60-day period from March 3, 2014, through May 2, 2014. Re-register as soon as possible.

The extension will also provide a new Work Authorization (EAD) for those who request it. You will receive a new EAD card with an expiration date of Jan. 22, 2016. If you have re-registered, but do not receive your new EAD before your current card expires, USCIS is automatically extending your current card for an additional six months. These existing EADs are now valid through Jan. 22, 2015.

If you have a TPS Haiti EAD with an original expiration date of July 22, 2014, you may continue to work even if you have not yet received your new EAD card. Show your employer your current TPS-related EAD and a copy of the Federal Register notice. If USCIS approves your TPS re-registration application and you requested an EAD, you will be issued a new card with an expiration date of January 22, 2016.

USCIS Reaches Cap for U Visas

On December 11, 2013, United States Citizenship and Immigration Services (USCIS) announced that they had reached the statutory cap for U Visas for fiscal year 2014 which began October 1, 2013 and ends September 30, 2014.

The cap is currently set at 10,000 visas per year for the U Visa category for immigrants who are victims of certain types of crimes. The cap for fiscal year 2014 was reached in less than three months. Those who have applied for a U Visa and appear eligible, will be placed on a waiting list for when USCIS begins issuing U Visas in the next fiscal year starting October 1, 2014.

The visa cap for fiscal year 2103 was reached by September 7, 2013, just shy of the full fiscal year.

How to Avoid Deportation

Attorney Ted Murphy spoke on the issue of deportation on La Exitosa 930 am in Milford, DE. The topic of the day was “Deportation and Know Your Rights”. Information included: How to Avoid Deportation, What to do if you are Caught, How to Get Out of Custody, How to get permission to Stay in the U.S., and What to do if you are deported. And most importantly, information for immigrants regarding their rights if they are stopped by the Police, Immigration Agents or the FBI.

LaExitosaLogo

Listen to the radio show every Friday morning from 9:00 to 10:00 am.

YOUR RIGHTS

  • You have the right to remain silent. If you wish to exercise that right, tell the office “I wish to remain silent”.
  • Unless the officer has a warrant, you have the right to refuse to a search of yourself, your car or your home.
  • If you are not under arrest, you have the right to calmly leave. Do not fight with or run away from the officer.
  • If arrested you have the right to a lawyer. Call us immediately if you have been picked up by Immigration.
  • Regardless of your immigration status, you have constitutional rights.

YOUR RESPONSIBILITIES

  • Stay calm and be polite.
  • Do not lie or give false documents.
  • Remember or write down the details of the encounter.
  • Prepare yourself and your family with a plan in case you are arrested.
    • Make a copy of all your identity documents and keep in a safe place.
    • Make copies of your family’s documents including your marriage certificate and birth certificates.
    • Keep the name and phone number of an immigration attorney and a defense attorney (if arrested for a crime) in your wallet or purse.

Qué debe hacer si usted es detenido por la policía, agentes de inmigración o el FBI

SUS DERECHOS

  • Usted tiene el derecho de permanecer en silencio. Si usted desea usar ese derecho, diga al oficial “Yo deseo permanecer en silencio”.
  • A menos que el oficial tenga una orden, usted tiene el derecho de negar permiso que lo revisen a usted, su vehículo o su casa.
  • Si no está bajo arresto, tiene el derecho de irse con calma. No pelee ó huya del oficial si usted es arrestado.
  • Si usted es arrestado, tiene el derecho a un abogado. Llamemos inmediatamente si es detenido por Inmigración.
  • Sin importar de su estatus migratorio, usted tiene derechos constitucionales.

Sus responsabilidades

  • Mantenga la calma y sea amable.
  • No mienta ni entregue documentos falsos.
  • Recuerde o escriba los detalle del incidente.
  • Prepárese a sí mismo y a su familia encaso de que usted sea arrestado.
    • Haga una copia de todos sus documentos de identidad yguardelos en un lugar seguro.
    • Haga copias de los documentos de su familia incluso su certificado de matrimonio y certificados de nacimiento.
    • Mantenga el nombre y número de teléfono de un abogado de inmigración y un abogado defensor (si es arrestado por un crimen) en su cartera.