In early March, Univision in California, Inc. held a forum to clarify doubts about President Obama's Executive Action on immigration.
Since it was not possible to answer all the questions from the public, Univision chose the most popular ones sent through its digital platforms and social networks and asked me to answer the five most important ones.
Univision published the questions and answers yesterday and share them with you. Here they are:
1.- How do they affect, and what to do in case of having a criminal record, when applying for immigration protection granted by the Executive Action?
Any person with a criminal record should proceed with caution before beginning any immigration proceedings.
The individual should gather all criminal records for an immigration attorney to evaluate. If a person has been found guilty of criminal charges, there may be immigration consequences. Therefore, the FBI file and the criminal court summary (certificate of disposition) of each criminal case should be reviewed to determine if the type of crime and the judgment in his or her case will affect the immigration proceedings the person wants to pursue.
If a foreign national has a pending criminal court case, the person should consult with an immigration attorney before pleading guilty or entering into a plea agreement with the prosecution. In these cases, it is best to hire an immigration attorney to work with the criminal attorney to find the best option for your criminal case without affecting your immigration status. If a non-U.S. citizen pleads guilty to certain crimes, he or she could face serious immigration consequences, including the possibility of being denied applications for deferred action, Temporary Protected Status (TPS), permanent residency or U.S. citizenship.
2.- Can potential DAPA beneficiaries leave the United States or not?
The Deferred Action for Parents of Americans or Permanent Residents (DAPA) program has not yet gone into effect and its final regulations have not yet been published. Therefore, it is not known whether the DAPA program will allow individuals enrolled in the program to travel abroad.
However, my expectation is that DAPA enrollees will be able to travel out of the country just as people currently covered under the Deferred Action for Childhood Arrivals (DACA) program can.
Individuals enrolled in DACA, under the provisions of the program established in 2012, may travel abroad if they obtain advance parole from the U.S. Citizenship and Immigration Services (USCIS). The applicant must demonstrate a humanitarian, educational or employment reason to travel outside the country.
In the meantime, undocumented individuals should not leave the United States without government permission, as this could negatively affect their future immigration proceedings.
3.- Are there any restrictions for parents of U.S. citizens at the time of applying for the benefit?
One of the requirements for DAPA is to have a U.S. citizen or permanent resident child who was born before November 21, 2014. This is demonstrated by a birth certificate of the U.S. citizen or permanent resident child that lists the parent's name.
A stepparent could also benefit if he or she has a U.S. citizen or permanent resident stepchild who was born before November 21, 2014.
The step-parent relationship is generally created when the step-parent marries the biological parent of the U.S. citizen or permanent resident before the step-child turns 18.
4.- Who is or are authorized to carry out procedures to third parties related to the process?
The law requires that only federally accredited attorneys or representatives with current licenses may give legal advice.
Notaries, immigration consultants, paper fillers, multi-service and non-profit organizations not authorized by the federal government may not give legal advice.
Low-income persons may turn to non-profit organizations that are duly registered with the federal government and have attorneys or accredited representatives working for the institution.
These organizations must offer their services free of charge or charge a minimal fee for the immigration legal services they provide to the community. They must ensure that the nonprofit organization and its representatives are licensed and experienced in providing immigration legal assistance.
You can find the list of authorized non-profit organizations by clicking here.
Please only go to these groups if you are truly in need. There are few authorized non-profit organizations for the hundreds of thousands of undocumented immigrants who need low-cost immigration legal services. Only low-income people should turn to these places.
If you have the resources, invest in your future and hire the private immigration attorney of your choice.
5.- How to identify scammers and avoid becoming a victim of immigration fraud?
Unfortunately, where there are immigrants there will always be unscrupulous people who want to take advantage of them. For example, Los Angeles County is full of notarios, immigration consultants, paper pushers and multi-services who are illegally practicing law and jeopardizing the immigration cases and future of the immigrant community in this country.
To avoid becoming a victim of fraud, use common sense. If what you are told sounds unbelievable, it probably is.
Always check the credentials of a legal representative before hiring him or her. Remember, it is your future and your money at stake. No attorney or accredited representative should be offended if they ask to see your licenses. If they refuse or give you any trouble, find another licensed legal representative to help you.
You can read more tips on how to avoid becoming a victim of immigration fraud by clicking here.
If you or someone you know has been victimized by a notario or lawyer, you should report it to the proper authorities. Not only must justice be done in your case, but other immigrants who may fall into the hands of unscrupulous individuals must also be protected.
