Deferred Action Application Process Implemented by DHS

Posted on August 24, 2012 by Silas M. Ruiz-Steele
August 15, 2012 marks the beginning of the "deferred action" program implemented by the  Department of Homeland Security. This program provides temporary relief from deportation, known as deferred action, to undocumented immigrants who were brought to the United States as children, and who meet certain eligibility criteria.
 
The program, which operates as a form of prosecutorial discretion, offers young people who are in the United States with no legal immigration status the opportunity to avoid deportation for an initial period of two years and to gain employment authorization.
 
The program is now available to individuals who:
 
(1) were under the age of 31 as of June 15, 2012;
(2) came to the United States before reaching their 16th birthday;
(3) have continuously resided in the United States since June 15, 2007;
(4) were physically present in the United States on June 15, 2012;
(5) entered without inspection before June 15, 2012, or had no lawful immigration status as of June 15, 2012;
(6) are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
(7) have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, or do not otherwise pose a threat to national security or public safety.
 
Individuals who are 15 or older and not in immigration detention may apply for deferred action through United States Citizenship and Immigration Services (USCIS). USCIS published the Form I-821D, to be used to request deferred action. Applications for employment authorization (Form I-765) may also be submitted concurrently with the request for deferred action.
 
For additional information or questions regarding how the above information may affect your case, please contact Silas Ruiz-Steele, Chair of the Immigration Section, at 610-898-7153 or sruizsteele@barley.com.
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Department of Homeland Security Announces Deferred Action Program for DREAMERS

Posted on June 22, 2012 by Silas M. Ruiz-Steele

On June 15, 2012, the Obama administration announced that it would immediately implement a process to allow deferred action for young people who can meet the following requirements:

  1. Came to the United States under the age of sixteen;
  2. Have continuously resided in the United States for at least five years preceding the date of this memorandum and are present in the United States on the date of this memorandum;
  3. Are currently in school, have graduated from high school, have obtained a general education development certificate, or are honorably discharged veterans of the Coast Guard or Armed Forces of the United States;
  4. Have not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise pose a threat to national security or public safety; and
  5. Are not above the age of thirty.

Deferred action when granted will be given for a period of two years and can be renewed pending the review of the individual's case. Work authorization will be allowed for those who can demonstrate an economic necessity for employment.

We will provide more details on the deferred action program as they are announced, which is expected within the next sixty days. 

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Storing Forms I-9 Electronically

Posted on May 16, 2012 by Silas M. Ruiz-Steele

Employers are required to complete an I-9 form for every employee they have hired. Employers may use a paper system, an electronic system or a combination of paper and electronic systems to store Forms I-9.

For the past few years, employers have been eligible to file and store Forms I-9 electronically. As the national effort to reduce the amount of illegal immigration becomes more intense on employers, a number of software companies are now offering electronic I-9 products. Employers are starting to weigh the benefits of eliminating paper I-9s and going digital.

There are many reasons why employers favor electronic I-9s over paper-based systems. A few of the most common include:

  • Most of the major vendors use web-based systems. That means employers do not have to install software and only need Internet access and a web browser.Plaintiff signed an agreement that the trip from the worksite back to the office was unpaid.
  • Employees are not able to complete the Form I-9 unless the data is properly entered. Many vendors offer systems that guide workers and human resource officials through proper completion of the forms.
  • Employers with employees at multiple sites can more easily monitor I-9 compliance at remote locations.
  • Re-verification is automated and employers are less likely to incur liability due to an inadvertent failure to update an employee’s I-9. Many systems send email reminders.
  • Employers can integrate the system with E-Verify or other electronic employment verification systems in order to minimize the chances that unauthorized workers end up employed.
  • An electronic I-9 system allows for the automation of the purging of Forms I-9 for employees no longer with the employer and for whom Forms I-9 must no longer be retained.

What standards must electronic I-9 systems meet

DHS regulations require I-9s generated electronically to meet set standards. A number of software products are available allowing for the electronic filing of I-9s and there are advantages to using such systems including improving accuracy in completing forms and setting up automated systems to prompt employers to re-verify I-9s for employees with temporary work authorization.

DHS regulations require I-9s that are generated electronically to meet the following standards:

  • The forms must be legible when seen on a computer screen, microfiche, microfilm or when printed on paper.
  • The name, content and order of data must not be altered from the paper version of the form.
  • There are reasonable controls to ensure the accuracy and reliability of the electronic generation or storage system.
  • There are reasonable controls designed to prevent and detect the unauthorized or accidental creation, deletion or deterioration of stored Forms I-9. 
  • The software must have an indexing system allowing for searches by any field.
  • There must be the ability to reproduce legible hardcopies.
  • The software must not be subject to any agreement that would limit or restrict access to and use of the electronic generation system by a government agency on the premises of the employer or recruiter.

Whether you wish to go green, save money or improve efficiency, employers that are considering transitioning from paper Forms I-9 to an electronic I-9 system need to be aware that the decision involves potential issues including legal liability, document security and cost. Our knowledge of the regulatory electronic I-9 requirements and our experience with the DHS I-9 regulations allow us to assist you in making the best decision how to complete and store Forms I-9 for your company and employees.

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Planned Changes to Processing for Unlawful Presence Waivers

Posted on January 13, 2012 by Silas M. Ruiz-Steele
On January 6, 2012, USCIS posted a Notice of Intent in the Federal Register advising of its plan to reduce the amount of time that U.S. citizens are separated from their immediate relatives who are required to file immigrant visa applications abroad. 
 
Under the current regulation, spouses and children of U.S. citizens who have accrued a period of unlawful presence in the U.S. are required to leave the country and process for their immigrant visa “green card” outside of the U.S. However, when they leave the U.S, a bar to reenter is triggered and they are forced to remain separated from returning to their families for as long as 3 to 10 years. 
 
The proposed change will allow foreign nationals who qualify for classification as immediate relatives of U.S. citizens, who have a U.S. citizen spouse or parent who would suffer extreme hardship if the waiver were denied, and for whom the sole basis for inadmissibility is unlawful presence in the United States of more than 180 days to seek this provisional waiver while present in the U.S. This will allow families to remain together and minimize the time they are separated during the process. If the waiver is granted, the foreign national will then leave the U.S., apply for his or her green card abroad, and return to his or her family in a much shorter amount of time. The change will allow more U.S. citizens to apply to legalize their spouses and children while allowing the family to remain intact.
 
We will provide more details on the proposed regulation once the rule making process is completed, which is expected later this year. For additional information or questions regarding how the above information may affect your case, please contact Attorney Silas Ruiz-Steele, Chair of the Immigration Law Group, at 610-898-7153 or sruizsteele@barley.com.
Barley Snyder is pleased to announce the addition of paralegal, Becky Munscher, to its Immigration and Employment Law Groups. Becky will be based out of Barley Snyder’s York office. With 12 years of experience, Becky will work closely with attorney Silas Ruiz-Steele in the Immigration Practice Group to assist business and individual clients with the complex legal issues involved in obtaining legal status to work and live in the United States. Becky has extensive experience working with health care immigration, business and employment-based immigration, marital and family immigration, employer compliance, naturalization, and diversity. Becky can be reached at rmunscher@barley.com or 717-852-4991

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