DACA Post-Filing Tips

            Remember when you filed for DACA?  You were extremely excited, anxious and ready to take the next step in your life’s journey.  Then reality set in: one month passed.  One month turned to two.  Two months turned to three, and so on.  Suddenly, you felt like the process was taking forever. 

Sometimes dealing with the U.S. Citizenship and Immigration Service (USCIS) can be extremely frustrating.  No matter what you are told by friends or family, no path to getting immigration benefits is the same.  For some the path is smooth and devoid of any problems.  For others the path can be bumpy and frustrating.  Therefore, the following are some important tips for those of you who have already received your DACA approval, and also, for those who are still dealing with the maddening bureaucratic delays or denials from USCIS.

I received the dreaded Request for Additional Information (RFE), what should I do?

            First thing you should not do is panic.  RFE’s are commonly issued in all sorts of immigration applications/petitions.  You should sit back and read the request to figure out what exactly the government is asking for.  If you have previously engaged an attorney, you should speak with the attorney’s office to make sure that they are aware of the RFE and that they received a copy.  Note the deadline (due date) on the RFE and put it on your personal calendar.

            Read the RFE carefully.  Address any of the concerns raised in the RFE by gathering up any additional evidence that the USCIS is looking for.  Think outside the box when you are trying to address any of the concerns raised in the RFE.  Get any credible corroborating evidence that will supplement what you may have already submitted to USCIS.   If you have been working with an attorney, you should meet with the attorney and review the request.  Make sure to respond in a timely manner so you don’t delay the processing further. 

            I was denied, what should I do?

            Again, do not panic.  I know this is easier said than done, but you need to first review the denial carefully.  If you have an attorney, spend time reviewing it with the him or her.  You cannot file a motion to reopen or reconsider a denial, nor can you appeal it. USCIS has made it clear that it will not review its discretionary determinations. USCIS states on its website:

You may request a review using the Service Request Management

Tool (SRMT) process if you met all of the process guidelines and

you believe that your request was denied due to one of the following errors:

·         USCIS denied the request for consideration of deferred action for childhood arrivals based on abandonment and you claim that you did respond to a Request for Evidence within the prescribed time; or

·         USCIS mailed the Request for Evidence to the wrong address, even though you had submitted a Form AR-11, Change of Address, or changed your address online at www.uscis.gov before the issuance of the Request for Evidence.

You can re-file if you are denied and feel that it was incorrect or that you have additional evidence to provide to the government that may not have been available for the first application.  A new filing will need new forms and fees, along with all the documentation again.

Remember that DACA is a temporary program.  It is not the DREAM Act.  Not getting approved for DACA does not mean that you would be precluded from qualifying for the DREAM Act or any other future immigration legislation.  Therefore, do not lose hope.  Stay optimistic that we will get comprehensive immigration reform this year and you will not need to be completely dependent upon DACA.

            I was approved! Now what?

            Once you receive your employment authorization document (EAD), make sure to review the card to make certain that all the information is correct.  If there is incorrect information on the card due to USCIS error you should apply for a replacement without a fee via form I-765.  Make a copy of the card (front and back side) for your own records.  Make note of the expiration of the card and calendar a reminder that you will need to file for a renewal, assuming there is no intervening legislation that will make renewing DACA moot.

            Apply for a Social Security Number.  You can locate the nearest Social Security office at www.socialsecurity.gov/locator.  Here is the form that needs to be completed: http://www.socialsecurity.gov/online/ss-5.pdf.  Review this pamphlet: http://www.socialsecurity.gov/pubs/deferred_action.pdf.   If you have an Individual Taxpayer Identification Number (ITIN) the Internal Revenue Service provides the following advice about voiding it:

Once you receive a SSN, you must use that number for tax purposes

and discontinue using your ITIN.  It is improper to use both the ITIN

and the SSN assigned to the same person to file tax returns.  It is your responsibility to notify the IRS so we can combine all of your tax

records under one identification number.  If you do not notify the IRS

when you are assigned a SSN, you may not receive credit for all wages

paid and taxes withheld which could reduce the amount of any refund

due.  You can visit a local IRS office or write a letter explaining that

you have now been assigned a SSN and want your tax records combined. 

Include your complete name, mailing address, and ITIN along with a copy

of your social security card and a copy of the CP 565, Notice of ITIN Assignment, if available.  The IRS will void the ITIN and associate all

prior tax information filed under the ITIN with the SSN.  Send your letter to:

                                        Internal Revenue Service

                                        Austin, TX 73301-0057

            Apply for a driver’s license.  Depending on your state’s law you should go to the nearest Department of Motor Vehicles (DMV) and apply for a driver’s license.  For most states the EAD plus Social Security card should be sufficient documentation for a driver’s license.  If you live in either Arizona or Nebraska, these states do not currently issue driver’s licenses to DACA grantees.  There is a class-action lawsuit pending in Arizona against Governor Jan Brewer’s unconstitutional executive order denying DACA recipients driver’s licenses. 

            Should I apply for advance parole (travel permission for exiting and re-entering the United States)? 

The USCIS answers this question on their Frequently Asked Questions (updated 1/18/2013):

Not automatically. If USCIS has decided to defer action in your case

and you want to travel outside the United States, you must apply for

advance parole by filing a  Form I-131, Application for Travel Document

and paying the applicable fee ($360). USCIS will determine whether your

purpose for international travel is justifiable based on the circumstances

you describe in your request. Generally, USCIS will only grant advance

parole if your travel abroad will be in furtherance of:

·         humanitarian purposes, including travel to obtain medical treatment, attending funeral services for a family member, or visiting an ailing relative;

·         educational purposes, such as semester-abroad programs and academic research, or;

·         employment purposes such as overseas assignments, interviews, conferences or, training, or meetings with clients overseas.

Travel for vacation is not a valid basis for advance parole.

You may not apply for advance parole unless and until USCIS defers

action in your case pursuant to the consideration of the deferred action for childhood arrivals process. You cannot apply for advance parole at the same

time as you submit your request for consideration of deferred action for

childhood arrivals. All advance parole requests will be considered on a

case-by-case basis.

If USCIS has deferred action in your case under the deferred action for

childhood arrivals process after you have been ordered deported or removed,

you may still request advance parole if you meet the guidelines for advance

parole described above. However, once you have received advance parole,

and before you actually leave the United States, you should seek to reopen

your case before the Executive Office for Immigration Review (EOIR)

and obtain administrative closure or termination of your removal proceeding.

            If you do plan on applying for advance parole, it is highly recommended to speak to legal counsel because there are serious inadmissibility bars that you could subject yourself to if you exit the United States.

            Where do we go from here?

            This is an exciting and nerve-wracking time no matter whether you have been approved for DACA, still awaiting a decision or are dealing with a denial.  You need to keep apprised of any changes in agency policy or the law.  You should speak to your congressional representatives about the need for immigration reform and how it would benefit yourself and your family members or friends.  DACA is only a temporary fix and does not help everyone.  Therefore, do not stop advocating for CIR.  Stay optimistic and remain vocal!

Disagree with Gabriela Saucedo Mercer and She Will Censor You

Disagree with Gabriela Saucedo Mercer and She Will Censor You

On October 2, 2012, a tragic event occurred near the U.S./Mexico border.  U.S. Customs and Border Patrol Agent Nicholas Ivie lost his life and another agent was badly wounded.  From what I have read and heard, Ivie was an exceptional CBP agent who once carried a severely wounded pregnant woman 1 1/2 miles to safety through the treacherous Arizona desert.  Agent Ivie was survived by his wife and two daughters.  My thoughts and prayers go out to his family and colleagues.

Rather than honoring a life lost and just offering condolences, some politicians attempted to capitalize on Nick's death for political gain.  Arizona Governor Jan Brewer immediately released a statement, "Arizonans and Americans will grieve, and they should, but this ought not only be a day of tears. There should be anger, too. Righteous anger -- at the kind of evil that causes sorrow this deep, and at the federal failure and political stalemate that has left our border unsecured and our Border Patrol in harm’s way. Four fallen agents in less than two years is the result."

Gabriela Saucedo Mercer, who has for two years made immigration one of the primary focuses of her campaign for U.S. congress in Arizona's Third District, went beyond Brewer's comments.  The day of this tragedy, Mercer recklessly posted on Facebook: "And yet another one of our finest Border Patrol Agent is murdered by illegals and one seriously wounded. And some people don't want me to talk about the wide open borders in Arizona? My heart and prayers go out to the families of the Border Patrol Agents involved in this tragedy." 

Yes, Saucedo Mercer somehow knew that Agent Ivie was “murdered by illegals” without any concrete evidence to back up her claim.  Even more tragically, on October 5, the FBI confirmed that Agent Ivie was killed by friendly fire.  The FBI came to this conclusion through investigative, forensic and analytical tests.   It is interesting to note how Saucedo Mercer gets her political agenda stated first and then sends her thoughts and prayers to the family.  That's all class!

Once this information was released by the FBI, numerous individuals, including myself, went to Saucedo Mercer’s Facebook page and demanded that she retract her reckless and ill-advised earlier comments and publicly apologize.  Saucedo Mercer, who holds herself out to be a defender of the Constitution and individual liberties, reacted in appropriate fashion: She erased the comments from any person who criticized her post and blocked us all.  I guess Saucedo Mercer forgot about the 1^st Amendment. 

Ivie’s legacy will live on through his family and other hard-working and well meaning Border Patrol agents.  It was a life lost way too young.  Sadly, however, as of the writing of this blog, Saucedo Mercer continues to leave this misinformation on her Facebook page.  For that reason alone, she should continue to get questioned about her commitment to running an honest campaign. 

We live in an era where anyone can pretty much say anything without any truth, and some uninformed person will believe it.  If that’s the sort of political game Saucedo Mercer wants to play, good luck with that.  However, by censoring detractors and fact checkers, her actions demonstrate that she is undeniably unprepared to be a congresswoman and deal with individuals who disagree with her or protect our constitutional right to free speech.

A DACA Pep Talk

A DACA Pep Talk

The past few months have been both exciting and terrifying for undocumented youth.  Exciting for the opportunity to apply for an employment authorization document and contribute to this country.  Terrifying to not know what is going to happen after the November 6 election.  However, yesterday was another sobering reminder that while we have made some good strides, we have a long way to go.  It was a reminder that while we can rejoice over the Deferred Action policy we must continue to push our elected officials beyond just a DREAM Act.  We need a DREAM Act Plus, also known as Comprehensive Immigration Reform.

So, what happened yesterday?  One of the most prominent faces in the current immigrant rights movement, Jose Antonio Vargas, was arrested and charged with driving without a valid driver’s license. No, this did not happen in Arizona.  It happened in Minneapolis-St. Paul which continues to operate in Secure Communities.

According to the MinnPost, Jose was released approximately 2 ½ hours later.  But, what if the person wasn’t a Pulitzer prize winning journalist?  What if Jose was not released and an ICE hold was placed on him?  Jose is 31 years old and because of his age he does not qualify for the current program called Deferred Action (DACA).  He is a low priority according to the ICE guidelines, but you never know what can happen when an ICE officer has all the discretionary power.

The election is a perfect time to hold all political figures accountable for their past and future decisions. 

Since Jim Lehrer neglected to address immigration as a domestic policy in the first debate, I suppose we’ll hear about it in one of the upcoming debates.  Both presidential candidates should provide their plans for reform and define their differences and similarities.

We need to know whether Governor Mitt Romney will deport a person like Jose?  If elected president, will he deport Jose’s parents?  Will he deport someone who is not as decorated as Jose?  Will he continue to support state-based immigration laws like SB-1070?  Will he continue to flip back-and-forth on immigration or show some backbone and stick with a position?  These questions should be directly asked of him and he should give us straight answers. 

We need to know what are President Obama’s exact plans for passing comprehensive immigration reform.  Does he really believe that he can get reform passed if re-elected?   Does he truly believe that congress will work with him and why?  Why is ICE still detaining low priority individuals and deporting them when there is a policy that they are not supposed to be doing this?  We need a plan, not lip service.

Moral of the story: this is not a time to let your guard down.  If you have applied for DACA and you already have your biometrics appointment or your work permit this is a time to celebrate, but don’t forget the others who are currently left out in the cold.  If you have not been involved with local advocacy, get involved.  If you are involved, keep it up!  Hold your local elected officials and candidates accountable.  Volunteer for candidates that support immigrant-friendly policies. Share your stories. Blog. Write Op-eds.  Make sure that like-minded U.S. citizens register to vote.  Get your brothers, sisters, parents and friends involved in the movement.

Advocates that have pushed for DACA should be proud of the results of their hard work.  But, we must continue to push for a broader reform that can benefit the entire undocumented community and make for a more rational path to this country for future flows of immigrants. 

The Most Intriguing Story You'll Ever Read About...Handball?

What does the sport of handball mean to you?   Probably not much. 

It meant something to President Abraham Lincoln, who played handball as he awaited the results of the presidential nominating convention in Chicago in May 1860.

Over the past couple years I found out what handball means to Luis Moreno.  It is a gateway to fulfilling his dreams in the United States. 

Envision this timeline of events:

·         Luis last entered the United States in 1997, when he was only nine years old, but had lived in the U.S. since he was two.

·         A graduate of Tucson's Sunnyside High School, Luis lived much of 22 years in the United States without documentation.

·         Last week Luis became a lawful permanent resident based on his extraordinary abilities as a handball player.

·         Next week Luis will represent the United States, the only country he has ever known, in the World Handball Championships in Ireland.  He is a favorite to win it all.

Luis is yet another example of how complicated it is to navigate through the draconian U.S. immigration system. Luis was 20 years old when he was arrested by the U.S. Customs and Border Protection at the Tucson airport, while attempting to travel to a handball tournament.  He was not married, had no children and had little hope in fighting his removal case.  Fortunately, there was a long forgotten document that Luis did not realize would ultimately save him.

In 2000, Luis was introduced to the Yes-2-Kids organization which provides mentoring to children in at-risk neighborhoods in Tucson.  He was introduced to the sport of handball and quickly became enamored with it.  By 2003 he began to compete in major tournaments and rapidly shot up the national junior rankings.  Eventually he reached number one on the World Pro Handball Tour.  

Gloria Goldman met with Luis and immediately realized that he was an individual who embodied extraordinary ability in athletics.  He was undoubtedly at the top of his field.  After discussing his family’s immigration history, she also realized that if she filed an I-140 petition as an individual with extraordinary ability and got an approval, Luis would benefit from that aforementioned document: An I-130 petition filed by his grandmother on behalf of his father on September 7, 1994.  Luis would be the beneficiary of INA §245(i) as a minor derivative of a “grandfathered alien” from that petition.  Without 245(i) he would have no other options to straighten out his immigration status and remain in the U.S. permanently.

            To be considered “extraordinary” under the immigration law, the applicant must be “one of that small percentage who has risen to the very top of the field of endeavor.”  Luis was number one in the world.  You would probably guess that number one is rising to the top of the field.  Not according to the U.S. Citizenship and Immigration Service, which denied his petition on September 16, 2011.

            Not to be deterred, Gloria and Luis regrouped and re-filed the petition on June 1, 2012.  Fortunately, this time around, the USCIS officer granted the petition.  Luis was one step closer to becoming a resident.  One final step remained: With only a few months until the World Championships Luis was able to get his removal case terminated and September 27, 2012, adjust his status to lawful permanent residency.

            In the matter of a month, Luis Moreno has gone from being undocumented and facing some grim uncertainty about his future to now representing a country that he loves in the highest level of competition.  Whatever the results from his competition in Ireland, he knows that he will be welcomed back to the United States.  He’s another example of what individual perseverance and wise immigration policy can lead to.  

An Open Letter to Gov. Jan Brewer (uncensored version)

September 26, 2012

The Honorable Janice K. Brewer

Arizona Governor

Executive Tower

1700 West Washington Street

Phoenix, AZ 85007

Dear Governor Brewer:

            Just like you, I’m also an overachiever.  I would imagine that very few expected that you would ever become the Governor of the great state of Arizona.  Similarly, against all odds, I graduated from law school and I am now a licensed attorney in Arizona.  But this letter is not about either of us.  In fact, this letter is about a group of achievers who want to have the opportunity to better society.  Yes, I’m talking about your favorite group of achievers: DREAMers.    

            On August 15, 2012, you issued an Executive Order which barred those individuals eligible for Deferred Action (DACA) from obtaining driver’s licenses or other state benefits.  After a fiscal analysis, I can only conclude that this decision was based upon your personal vendetta against President Barack Obama.  Besides having no basis in federal or state law to issue this executive order, your policy will cost the state and businesses millions of dollars.

            Had you, or your advisers, conducted an unbiased cost-benefit analysis, you would have likely concluded that this program will have a profoundly positive impact on a number of industries in our state, along with making our streets safer and saving Arizona resident’s money.  Before I go any further, I must confess that I am no economist and my calculations may be considered rudimentary to some, but it will definitely make sense to you.

            Let’s start from the basics: There is an estimated 50,000-80,000 individuals in Arizona who will qualify for DACA.  A driver’s license for applicants age 16-39 is $25.00.  Using the low-end estimate of individuals, which would mean the state is bound to earn $1.25 million in driver license fees.  Let me add that these individuals will only get work permission from the U.S. Department of Homeland Security (DHS) for two years and then have to apply for renewals.  That means the state will collect $1.25 million, or more, every two years!

            In order to qualify for work permission under DACA, all applicants will have to undergo a strict vetting process by DHS.  Candidates who will qualify must undergo background checks, been physically present in the United States for at least five years, and provide clear evidence that they have either completed high school or are currently in school.  Many have already taken college courses or completed their post-secondary schooling.  Therefore, we are talking about a class of individuals that are educated and will provide a benefit to the lagging Arizona economy.  Rather than taking jobs from U.S. citizens, they will help expand the growth of businesses and spend their hard-earned money in the state.

            Who else is bound to gain from the issuance of drivers licenses to DACA grantees?  Insurances companies, car dealers, gas stations, automotive service stations, car washes, and pretty much any business that is not near a bus stop.  Arizona is not exactly known for its excellent public transportation systems.  Therefore, getting from point A to point B can be difficult without an automobile.  According to the Insurance Research Council (IRC), one in eight Arizona drivers are uninsured.  According to IRC, Arizona has the fifth highest percentage of uninsured motorists at 22% of the population.  Insurance companies are bound to gain more customers and benefit their businesses when new drivers can either lease or purchase cars.  There will be a trickle-down benefit to gas stations, tire and brake repair, and many other related industries.

            The economic benefits to this program are considerable and I have attached a report from the Immigration Policy Center, American Immigration Council, which provides raw data of these benefits.  This includes tax benefits, expansion of investments, more spending and an increased incentive to fulfill educational goals.  Nobody loses from this program and the state is missing a golden opportunity.  This program only helps a narrow group of persons and, contrary to what you believe, will not be a magnet for others to enter the country without documentation.

            Assuming you have made it to this point in my letter and your eyes are not completely glazed over, I want to make a final legal point.  There is no doubt that the state is bound to lose money in litigation costs, and ultimately will lose in the courts, as the policy conflicts with state law and the federal REAL ID Act.  More wasted money on behalf of taxpayers, more image problems and less tourism. 

Just like you, I am stubborn.  However, I recognize that in order to function in society we must compromise, and sometimes make decisions that are against our core beliefs.  I believe that your advisors are misleading you on the issue of immigration and particularly in the benefits of this DACA program.   The benefits of this program to our state far outweigh the costs that we will incur if your executive order remains in place.  Therefore, with the utmost respect, I ask that you lift this executive order and allow the economic boon that this program will bring to our state to become a reality. 

Thank you and God bless America.

Defining a DREAMer

Defining a DREAMer

            Tonight I started thinking about the hundreds of times I’ve said, typed and dreamt the term “Dreamer” over the past couple years.  Not to mention the dozens of times I’ve watched the movie “Dinner with Schmucks” where the term Dreamer is used repeatedly (no one has ever accused me of being an intellect).  There is a scene in the movie where Barry, played by Steve Carrell, speaks about the “Tower of Dreamers.”  At the end of the monologue, Barry so movingly states:

            Dare to dream. Dream your wildest dreams.

You can climb the highest mountain.

You can drown in a teacup, if you find a big enough teacup.

And if somebody tells you that you can't do something, you say, 

"Yes, I can. 'Cause I'm doing it right now!"

We should all take a lesson from Barry and follow his direction!  After listening to the participants at the Democratic National Convention say “DREAMer” so many times that the term may have actually jumped the shark, I figured it might be fun to look up the definitions of the term.  I went on Dictionary.com and found three definitions:

Dream·er [dree-mer] noun

1.  a person who dreams.

2.  a person who lives in a world of fantasy; one who is impractical and unrealistic.

3. a person whose ideas or projects are considered audacious or highly speculative; visionary.

A person who dreams: Well, duh.  This is exactly what I think of when I use the term DREAMer, in the immigration context.

A person who lives in a world of fantasy; one who is impractical and unrealistic: The GOP could be called DREAMers too?  Good luck with that self-deportation platform, Mr. Romney and Mr. Kobach.

A person whose ideas or projects are considered audacious or highly speculative; visionary: This might be a good definition for our President on immigration.  It would be nice to see wider use of his executive powers in order to stop the removal of individuals from the United States.  Lest we forget the record number of deportations on his watch, but with the recent announcement of Deferred Action for Childhood Arrivals (DACA) perhaps it’s the first step to making good on his overdue promise for comprehensive immigration reform from four years ago.

Thinking back to the 2008 presidential election, I remember telling others about young people who were DREAM-Act eligible.  Always having to explain what it all meant.  Eventually I started using the term “DREAMer” on a regular basis, but I still had to explain what I meant by that expression.  Now the terminology has become part of the everyday vernacular.  There have been some incredible strides made in this movement during the past year.  Anyone who has been involved in this movement has a right to celebrate these achievements.  But, before we all start high-fiving one another or liking each other’s Facebook statuses, let’s remember that we still have a long, long way to go in this struggle.

We must continue to hold our politicians, on both sides of the aisle, accountable for their lack of leadership in getting Comprehensive Immigration Reform passed.  We cannot become complacent.  Do not forget about all those other “DREAMers” who may not meet the definition under DACA.  The 35-year-old DREAMer, the 40-year-old DREAMer, and the 50+ DREAMer’s.  Keep up the great work everyone and don’t forget to tell those people who try to dissuade you from speaking out:

"Yes, I can. ‘Cause I'm doing it right now!"

Executive Disorder

Executive Disorder

Re-Affirming Arizona Governor Jan Brewer’s Ignorance and 

Botched “Gotcha” Moment Against the Federal Government

WHEREAS, a bully is defined as a person who uses strength or power to harm or intimidate those who are weaker; and

WHEREAS, Jan Brewer is an ignorant bully, an embarrassment to humanity and, most likely, does not even know the meaning of “whereas”; and

WHEREAS, Jan Brewer continues to instill unnecessary fear into the minds of Arizona residents based on misinformation and lies; and

WHEREAS, the latest attempt to oppress undocumented immigrants will fail in the courts; and

WHEREAS, pursuant to Arizona Revised Statute 1-502(A)(7) an employment authorization document (EAD) is one of the many listed documents to demonstrate lawful presence in the United States to be eligible for state or local benefits; and

WHEREAS, Russell Pearce, another ignorant bully and embarrassment to humanity, wrote ARS 1-502(A)(7).  Therefore, according to Mr. Pearce and the state of Arizona anyone with this form of identification has lawful presence in the United States and can qualify for a driver’s license; and

WHEREAS, the U.S. Department of Homeland Security has clearly stated that a person with deferred status will not accrue unlawful presence in the United States.  Therefore, they have lawful presence by directive of the DHS Secretary; and

WHEREAS, Arizona Revised Statute 28-3153(D) states “Notwithstanding any other law, the department shall not issue to or renew a driver license or nonoperating identification license for a person who does not submit proof satisfactory to the department that the applicant's presence in the United States is authorized under federal law; and

WHEREAS, Jan Brewer’s mean spirited order will not only damage beneficiaries of the Deferred Action for Childhood Arrivals (DACA), but many others including victims of domestic violence who benefit under the Violence Against Women Act (VAWA); and 

WHEREAS, Jan Brewer has again embarrassed the state of Arizona through her arbitrary, capricious and abusive attempt at rulemaking.

NOW THEREFORE, it must be concluded that:

1.      Jan enjoys bullying undocumented immigrants and students who want to better themselves and the United States;

2.      Jan loves getting sued and wasting Arizona taxpayers dollars on defending lawsuits, rather than making more money for Arizona residents and taxpayers by issuing drivers licenses, benefitting the auto, insurance, education industries, amongst others;

3.      Jan does not know the definition of whereas, arbitrary, capricious or lawful presence;

4.      Jan will again lose this battle and, as a diversion, claim that there are headless bodies hiding somewhere at the Motor Vehicles Division office because of DREAMers.