Posts Tagged ‘Daca’

EAD Extensions

December 8, 2016

A common pitfall for Employment Authorization Document Card is that

The Employee applies.
The Citizenship and Immigration Service takes a long time to adjudicate the application
The Employment Authorization Document expires
The Employee cannot work legally after this day, and loses the job.





October 7, 2016

Since Comprehensive Immigration Reform was not likely to pass, President Obama passed a series of Executive Actions to remedy some of the harm caused by immigration inaction. Originally DACA (Deferred Action for Childhood Arrivals) was published in 2010, which basically said that Kids brought…


Difficulty for documentation for Childhood arrivals

October 11, 2012

President Obama decreed that students and those who at least graduated high school, has a clean record, and had arrived here illegally as a minor through no fault of their own would not be deported and can get temporary work permits.  The children had to have arrived before 2007,  before the age of 16, and have been present continuously present in the country and been here on June 15, 2012. This sounds good, and many people qualify.  But the problem for many kids is getting the documents.  If they were registered in school since 2007 to present, then school records should suffice.  But the problem comes in where the children graduated from high school before June 2012.

After they graduate, many children simply live with their parents.  They dont have lease, or utility bills under their name.

They work illegally for cash. Their employers dont want to say that to the government, and understandably so.  Since they deal in cash, they dont have receipts, bank accounts or credit cards.

They are generally in good health and don’t visit doctors or hospitals.

Although they attend church regularly, what United States Citizenship and Immigration Office is looking for is baptism, first communion or wedding records. Just letters from pastors stating that he has seen them attend church may not be enough.

Some of the other evidence would be maybe Facebook records or phone records for texting, or maybe internet postings.  But not all children are computer savvy enough to get this from 2007. And  many may not have Facebook accounts in 2007, and many may not have kept their MySpace accounts from 2007.  Also those records must somehow establish that the children were in the United States. These children certainly did not think, let me post, “Beautiful day in Houston” in 2007, in the hope that maybe sometime in the distant future this would establish that they were living in Houston since 2007.


Contact Houston Immigration Lawyer, or Houston Immigration AttorneyAnnie Banerjee, for more information


September 7, 2012

Last night in his acceptance for the nomination speech at the Democratic National Convention, President Barack Obama said, “You’re the reason a young immigrant who grew up here and went to school here and pledged allegiance to our flag will no longer be deported from the only country she’s ever called home,”

Yet the Deferred Adjudication for Childhood Arrivals (DACA) has seen less applicants than predicted. There are two reasons for this:

Deferred Action is simply a means for the Government to say, we wont deport you.  But the process is entirely discretionary. ie Each Immigration Judge, or the CIS makes that decision.

The regulations say that a person will be barred for a “Significant misdemeanor” .  There is no definition of that term.  It probably means that if anyone has just one misdemeanor  for say driving without license, it will be Ok.  But what if someone has 2 misdemeanors? I have been advising clients who have this, to hold off, and see outcomes in other cases.

The other thing is the outcome of the elections.  DACA is just an executive decision. If Romney gets elected, he can easily stop the program, and even start deporting the dreamers. Thus it is prudent to hold off on filing these applications.


Contact Houston Immigration Lawyer, or Houston Immigration Attorney Annie Banerjee, for more information


Texas to give DACA recipients the Driver’s License

August 28, 2012

According to a  Department of Public Safety memo to its officers, the Texas DPS Public Relations Office says that the Deferred Action candidates will get the Texas Driver’s License. Simply getting the I-821D and the work permit is not enough though. One will have to go through the whole process of getting a new license.  After getting the work permit, one has to get the Social Security number before applying for the Driver’s license. rst time applicants for a Texas driver license must:

  1. Apply in person at a Texas driver license office.
  2. Present documents that verify your identity.
  3. Present documents that verify you are a U.S. citizen or have lawful presence. All information on each document must match. Additional documentation may be required to verify conflicting information, incomplete names, and date of birth.
  4. Present proof of Social Security Number. If you do not have a Social Security Number, you must complete a Social Security Affidavit form available at the driver license office.
  5. Present proof of your Texas residency.
  6. Present proof of Texas vehicle registration and liability insurance on all vehicles you own.
  7. Complete the application for driver license or identification card (PDF). You may type your information on the form, print it, and bring it with you to the office. If you don’t have a printer, the form is also available at the office.
  8. Consent to be photographed, fingerprinted, and provide your signature at the time of application.
  9. Pass the written, driving, and vision examinations. (Read more about foreign language examinations.)
  10. Pay the required fee with a credit card, cash, money order, or a non-temporary check.
  11. Provide a vehicle for the driving exam and present current liability insurance, Texas vehicle registration, and inspection for the vehicle.”
The license will be horizontal, and look like a temporary license.  It will be issued for 2 years, or the validity of the work permit.
Contact Houston Immigration Lawyer, or Houston Immigration Attorney Annie Banerjee, for more information.


Dreamers’ hardships

August 22, 2012

Its hell to be poor.  Its even more hell to be poor and without papers.  As I am seeing the clients for Deferred Action for Childhood Arrivals, (DACA) I am shocked to see how the police have treated them in Harris and Fort Bend Counties of Texas. These individuals are taken to jail at the drop of a hat.  Very often they don’t have money to fight these charges.

One of my clients went to a local Jack in the Box to get breakfast for his family in a bright sunny Texas morning. When coming back,  in his neighborhood, a cop car followed him. He had his lights on, but my client did not see him, because it was a bright morning.  There was no  probable cause for following him.  My client pulled into his own home, 9 doors down from where he was followed by the police. The police handcuffed him, and took him to jail for evading arrest. There were no driving violations, why was the cop even following him? My client  got out the next day on bail. They found a lawyer and after spending $4000/-, their case was dismissed by the judge.

In several cases, the dreamers were jailed simply for speeding 10 miles over the speed limit.  A rich kid would never be booked for this.

These things are happening in Texas counties, I shudder to think what is happening in Maricopa County in Arizona. Even now Arizona and Nebraska (and maybe even Texas) are going to deny these dreamers the driver’s license, even though the federal government is giving them work permits.  They will have to drive illegally and without insurance to get to work.

Governments are supposed to look after the welfare of their residents. But these Republican State Governors think its better to fight the Obama regime than to look after their citizen’ welfare.

Contact Houston Immigration Lawyer, or Houston Immigration Attorney Annie Banerjee, for more information