Monday, 21 November 2016 19:26

IMMIGRATION UPDATE

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There has been much concern in the past few days about the direction of immigration and the effect of a change of administration may have on the US Immigration laws.

The best course of action is to wait and see what happens. Everyone needs to remember that nothing is going to change, if anything does, for several months. The Constitution still requires a process between the House, Senate and President. One branch cannot make a decision without the approval of the other branch of government. The House and the Senate have to agree. Then the bill gets passed to the President who can approve or veto. It the bill is vetoed, then it goes back to either the house or the senate. Does anyone remember School House Rock? There was a whole lesson with a poor bill sitting on the steps waiting to be a law and how the process works. It still works that way.

Please remember as well there were also many Republican Congressmen and Senators who were in favor of amnesty and a moderation of the immigration policies. The immigration policies have been broken for years and the entire immigration system is not going to be changed over night, if ever. No one

Yes, it has been reported that Trump says he is going to deport 1 million to 2 million “illegal immigrants.” The media is also reporting that the focus seems to be on “illegal” immigrants with substantial criminal records. We do not yet know what is meant by “illegal.” Currently, the law permits immigration officials to deport anyone who is here without any type of Visa, whether or not they committed a crime. The current immigration laws also permit the removal of lawful permanent residents is they commit certain crimes. The immigration courts have become more and more difficult over the past eight years when determining the fate of an immigrant or green card holder who committed a crime.

There is no indication that anyone seeking Asylum will be turned away, or children falling under DACA or any other category of individuals. Again, nothing has been done. It is all talk and speculation.

Everyone also needs to remember that more individuals have been deported in the past eight years than have been deported for the past 20 years. This is something the media has not covered.

The information also being reported by some news channels and the newspapers is that the President of Mexico wants to have a dialogue with President Elect Trump to see what can be done to help out both the United States and Mexico and work out some type of immigration remedy between the countries.

The most pressing item from Immigration right now is that the filing fees with USCIS are going up dramatically. Anyone who wants to file for permanent resident status or other visa petition should file prior to December 23, 2016. Otherwise, you will be paying a significantly higher filing fee.

Many individuals who are in the United States on any type of Visa and who are seeking to adjust status should continue with their plan and keep taking steps necessary to stay in the United States. If the Petitions or Applications have not yet been filed, then the paperwork should be filed before the fees go up.

No matter what the policy or what happens, there will be laws to obey and due process to follow. All immigration attorneys are keeping abreast of any and all changes to the immigration laws if and when they occur and will answer any questions you may have. Currently, it is business as usual. All of the immigration attorneys in the area will continue to represent their clients with their immigration needs, whether it is filing with USCIS or representing clients in removal proceedings throughout the United States.

Last modified on Monday, 21 November 2016 19:39
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