The New Immigration Relief Programs In Iowa

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President Obama’s November 20, 2014 Address

http://www.tubechop.com/watch/5367594 English

http://www.tubechop.com/watch/5367763 Spanish

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What is Administrative Relief / Executive Action?

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Recent Injunction

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Today’s Presentation

1) Priorities

2) DAPA

3) DACA

Enforcement Priorities

Priority 1

• Felonies• Gang Activity • National Security • People stopped at the border on or after January 1, 2015 (applies for people now living in Iowa)

Priority 2

• Certain significant misdemeanors• Multiple misdemeanors • Persons who unlawfully entered the U.S. and cannot prove continuous presence since January 1,

2014• Abuse the visa or visa waiver program

Priority 3 • Order of removal on or after January 1, 2014

Examples of Priority 1 Crimes

Burglary + 1 year jail sentence

Theft + 1 year jail sentence

Crimes or Violence + 1 year jail

sentence

Forgery or receiving stolen

property + 1 year jail sentence

Any felony in Iowa

Sexual Abuse of a Minor

Drug Distribution or Trafficking

Firearms Distribution or

Trafficking

Obstruction of Justice + 1 year jail

sentence

Deceit or Fraud of $10,000 or more

Immigration Priority Example

José is from Guadalajara, Mexico. José wants to join his family in Los Angeles, California. On January 16, 2015, José attempted to cross the border without entering through an immigration crossing point. José was stopped as he attempted to cross the border. Is José a deportation priority? If he is deportable, which priority does he fall into?

Photo Source: http://www.nydailynews.com

Priority 2 Crimes

Domestic Violence or

Assault

Sexual Abuse or Exploitation

Unlawful Possession or Use

of a Firearm Burglary

Drug Trafficking or Distribution

Driving Under the Influence (DUI or OWI)

Any offense with a jail sentence of 90 days or more (actually served)

Criminal Priority Example Maria is undocumented and has lived in the United States for the past 7 years. One evening, Maria decided to drive home from the bar and was pulled over by the police. The policeman performed certain tests and determined that she was driving over the legal alcohol limit. Maria was arrested and charged with Operating While Under the Influence. Maria eventually plead guilty and was given a fine. Maria paid the fine.

Photo Source: http://temkey.com

More Priority 2 Crimes…

Public IntoxicationSimple Assault or

Disorderly Conduct

Possession of Marijuana under

30 grams for personal use

Trespass

NOT Traffic Tickets

Immigration Priority ExampleJules is originally from Montreal, Canada. On July 17, 2014, Jules successfully crossed the United States-Canada border without entering through an immigration

crossing point. On February 20, 2015, Jules was pulled over by a policeman. The policeman let ICE know about Jules’s undocumented status. Jules cannot provide proof that he has been in the United States since January 1, 2014.

Photo Source: http://www.telegraph.co.uk

Priority 3

Received an Order of Removal on or after January 1, 2014

Please come talk to us if you think you may be a priority or have any

questions.

Other Immigration Options• Provisional Waivers• Parole in Place

DAPADeferred Action for Parents of

AmericansPhoto Source: http://imgarcade.com

BenefitsLimitsNot a green card or visa

Not a path to a green card or citizenship

USCIS has discretion to grant or deny DAPA Driver’s License

Social Security Number

Work Permit

Travel Abroad

3 year protection from removal

Iowa Driver’s Licenses

Photo Source: http://logocurio.us

Who is eligible for DAPA? Parent of a U.S. citizen or green card holder on or before November

20, 2014

Continuous residence since January 1, 2010

Physically present in the U.S. on November 20, 2014

No lawful immigration status on November 20, 2014

Not an enforcement priority

1. Are you a parent of a U.S. citizen or does your child have a green card?

Photo Source: http://freepages.genealogy.rootsweb.ancestry.com; http://quora.com

2. Have you lived in the U.S. since January 1, 2010?

Photo Source: www.clipartbest.com

Continuous Residence ExampleAna is originally from Honduras. She crossed the United States border in January of 2007 without passing through an immigration check point. Ana settled in Iowa and was pulled over for speeding in January of 2010. Law enforcement

reported Ana to immigration and she was given the option of voluntary departure. Ana took the voluntary departure, left the United States in March of 2010, and returned to Honduras. Ana reentered the United States in June of 2010.

Photo Source: http://www.hispanolawgroup.com/

3. Were you in the U.S. on November 20, 2014?

Photo Source: http://de.123rf.com

4. Did you have lawful immigration status November 20, 2014?

Photo Source: http://www.f1studentnetwork.com

Lawful Status Example Samir is originally from Sudan. He came to the United States in January of 2008 on a temporary work visa. Samir’s work visa expired on December 15, 2014. Is Samir eligible for DAPA?

Photo Source: http://www.shaheen.senate.gov

*Plus, you cannot fall into one of the priorities

Photo Source: https://www.fotolia.com; http://politic365.com

I think I am eligible for DAPA! How do I apply?

Application available in the future

Start saving the $465 fee

Start collecting required documents

Documents you may need to

apply for DAPA

#1: Proof of your Identity

Photo Source: http://www.psdgraphics.com; http://www.lpcrlaw.com; http://en.wikipedia.org

#2: Proof you are a parent to your child

*Make sure your name is on the birth certificate.

Photo Source: http://freepages.genealogy.rootsweb.ancestry.com

#3: Proof your child is a U.S. citizen or has a green card

Photo Source: http://freepages.genealogy.rootsweb.ancestry.com; http://quora.com

#4: Proof you have lived in the U.S. since January 1, 2010

Bank Statements! Leases or mortgages Money Orders

Photo Source: http://www.prodevmedia.com; http://www.simplifyem.com

More examples…

• Vaccination records

• School records for you or your children

• Passport (for certain individuals)

• Affidavits from community members

Photo Source: http://cycug.com; http://traveleman.tk

If you entered the U.S. on a temporary visa…

Photo Source: http://in.rbth.com

#5: Court records or immigration records• Citations or tickets

• Court orders finding you guilty, not guilty, or dismissing charges

• Court orders sentencing you to jail, a fine, probation, parole, or treatment

• Probation or parole documents

• Court orders expunging your record

• Must be certifiedPhoto Source:http://www.docstoc.com

DACA: Deferred Action for Childhood

Arrivals

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Old DACA

Under age 31 as of 6/15/12

Deferred action and work permit for 2 years

New DACA

No age limit

Deferred action and work permit for 3 years

Entered before 6/15/07 and have no status as of 6/15/12

Lived continuously in the U.S. since 1/1/10

Entered before 1/1/10 and have no status as of 11/20/14

Lived continuously in the U.S. since 6/15/07

Benefits3 year protection from removal

Travel Abroad

Work Permit

Social Security Number

Driver’s License

LimitsNot a green card or visa

Not a path to a green card or citizenship

USCIS has discretion to grant or deny DACA

Who is eligible for DACA? Entered the U.S. before age 16

Continuous residence since January 1, 2010

Physically present in the U.S. on November 20, 2014

No lawful immigration status on November 20, 2014

High school student, high school graduate, or military member

Graduated, GED, in high school, or in the U.S. Armed Forces

Over 15 years old when applying

Not an enforcement priority

1. Did you come to the U.S. before your 16th Birthday?

Photo Source: http://2015mothersday.com

2. Have you lived in the U.S. since January 1, 2010?

Photo Source: www.clipartbest.com

3. Were you in the U.S. on November 20, 2014?

Photo Source: http://de.123rf.com

4. Did you have lawful immigration status on November 20, 2014?

Photo Source: http://www.f1studentnetwork.com

5. Do you meet the education or military requirements?

❏Current high school student❏High school graduate❏GED program❏Career training program❏Current or former U.S.

military member

Photo Source: http://latism.org

6. Are you over 15 years old?

Photo Source: http://www.shutterstock.com

*Plus, you cannot fall into one of the priorities

Photo Source: https://www.fotolia.com; http://politic365.com

I think I am eligible for new DACA! How do I apply?

Application will be available in the future

Start saving for the $465 fee

Start collecting the required documents

Documents you need

to apply for DACA

#1: Proof of your identity

Photo Source: http://brainstormidsupply.com; http://www.in.gov

#2: Proof of Entry Before 16th Birthday

  

Photo Source: http://cycug.coml

#3: Proof you have lived in the U.S. since January 1, 2010

Bank Statements Leases or mortgages Money Orders

Photo Source: http://www.prodevmedia.com; http://www.simplifyem.com; http://www.anthraxinvestigation.com

More examples…

• Vaccination records

• School record

• Passport (for certain individuals)

• Written statements from community members

Photo Source: http://cycug.com; http://traveleman.tk

Court records or immigration records• Citations or tickets

• Court orders finding you guilty, not guilty, or dismissing charges

• Court orders sentencing you to jail, a fine, probation, parole, or treatment

• Probation or parole documents

• Court orders expunging your record

• Must be certifiedPhoto Source: http://www.docstoc.com

Renewal

Met initial DACA guidelines

Did not leave the U.S. on or after Aug. 15, 2012 without advance parole

Continuously resided in U.S. since getting DACA approved

Not an enforcement priority

Don’t Pay Anyone for the DAPA or DACA Form!

Photo Source: www.stopnotariofraud.org/: http://www.elmundoboston.com

Final Reminders

Don’t leave the U.S. before applying or while your application is processed!

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Iowa Driver’s Licenses

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Thank You!

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