The Trump administration on Tuesday formally announced the end of the Deferred Action for Child Arrival, or DACA — a program that had protected nearly 800,000 young undocumented immigrants also known as “DREAMers,” brought to the United States as children from being deported.
The Department of Homeland Security will stop processing any new applications for the program as of Tuesday, September 05, 2017 and rescinded the Obama administration policy.
Here’s What you Need to Know About the Program:
DACA allowed individuals who were brought to the United States as children or teens before mid-2007 to apply for protection from deportation and work permits if they met certain requirements. Beneficiaries had to be under the age of 16 upon entering the country; no older than 31 as of June 15, 2012; lived continuously in the U.S. since mid-2007; be enrolled in high school or college, already have a diploma or degree, have a GED certificate or be an honorably discharged veteran of the U.S. military; and have no felony criminal convictions, significant misdemeanor convictions, no more than three other misdemeanor convictions or otherwise pose a threat to national security or public safety.
President Obama created DACA through a 2012 executive order. The program did not provide lawful immigration status. Instead, through what the Obama administration characterized as the exercise of prosecutorial discretion, it granted a deferral from possibly being removed from the U.S. to those who qualified along with work permits. The deferrals and permits were granted for two-year periods and could be renewed for additional two-year periods.
In the five years since DACA was enacted, the nearly 800,000 individuals who received the protections have started families, pursued careers, started their own businesses, and studied in schools and universities across the U.S.
Now What?
The Trump administration is giving Congress until March 05, 2018 to act in order to preserve the program’s protection before the DACA recipients begin losing their status. Anyone whose status expires by March 05, 2018, has until October 05, 2017, to apply for a two-year permit, and those applications will be processed.
What is Going to Happen to Pending DACA Initial Requests and Pending DACA Renewal Requests?
USCIS will process on an individual case-by-case basis properly pending DACA initial requests and associated applications for employment authorization documents (EADs) that have been accepted as of September 05, 2017.
Additionally, USCIS will process properly filed pending DACA renewal requests and associated applications for EADs from current beneficiaries that have been accepted as of September 05, 2017, and from current beneficiaries whose benefits will expire between September 05, 2017 – March 05, 2018, that have been accepted as of October 05, 2017.
Individuals who have not submitted an initial request under DACA as of September 05, 2017 may no longer apply. USCIS will reject all applications for initial requests received after September 05, 2017.
What is Going to Happen to Current DACA Holders?
Current DACA recipients will be permitted to retain both the period of deferred action and their EADs until they expire, unless terminated or revoked. Current law does not grant any legal status for the class of individuals who are current recipients of DACA. Recipients of DACA are currently unlawfully present in the U.S. with their removal deferred.
What Happens when an Individual’s DACA expires?
Without the program’s protections, the immigrants are considered subject to removal from the United States and would no longer be able to work legally.
What May Happen?
If Congress does not act, then individuals formerly protected would lose their ability to work, study, and live without fear in the U.S. According to officials from the Department of Homeland Security, Dreamers would not be high priorities for deportation, but they would be issued notices to appear at immigration court if they are encountered by federal immigration officers. Further, there are no plans for DHS to use personal information, including home addresses, of Dreamers who registered for work permits to aid in deportation operations unless there is a concern over national security, DHS officials said.
The pressure over the Dreamers now shifts to Congress, where several new proposals have been put forward. One of which includes the Bridge Act, a bipartisan bill with 25 co-sponsors that would extend DACA protection for three years to give Congress time to enact permanent legislation. However, the White House and conservative Republicans are likely to demand additional provisions to boost border security, for example, funding for Trump’s proposed border wall or measures to restrict legal immigration
Children who were brought into the U.S. at young ages by their parents were branded Dreamers for their inspiring stories and regarded by members of both parties as deserving of special status. Former President Barack Obama on Tuesday stated, “To target these young people is wrong—because they have done nothing wrong — It’s a political decision, and a moral question,” Obama wrote. “Whatever concerns or complaints Americans may have about immigration in general, we shouldn’t threaten the future of this group of young people who are here through no fault of their own, who pose no threat, who are not taking away anything from the rest of us.”
“This is not amnesty. This is not immunity. This is not a path to citizenship. It’s not a permanent fix, “Obama said. “This is a temporary stopgap measure.”
“I am here because of Immigrants! My parents came to the United States with the goal of giving their children the opportunity to succeed beyond their wildest dreams, I am a first generation Dominican-American who truly believes that our nation was built by immigrants and would not be what it is today without them! Dreamers are Americans in every single way except on paper; I support DACA and stand with Dreamers,” said Attorney Emely Ramirez of Wites & Rogers.
“To arbitrarily end the DACA program, which benefits our country as a whole, is contrary to our nations values and simply bad policy,” said Attorney Marc Wites of Wites & Rogers.

If You Have Any DACA Related Questions, Please Call Us For A Free, No-Obligation Consultation At:

954-933-4400

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What Does Obama’s Executive Action On Immigration Do? 

El Presidente Obama describe su acción ejecutiva como los “nuevos pasos para arreglar nuestro quebrantado sistema de inmigración”, pero qué hace extamente?
Se estima que existen aproximadamente entre 11.5 a 12 millones de inmigrantes ilegales viviendo en los Estados Unidos y como el Presidente Obama lo señaló en su discurso, estas personas no pagan impuestos a los Estados Unidos y por lo tanto, no contribuyen a la economía. De hecho, tienen un efecto negative a la economía de los Estados Unidos debido a que aceptan sueldos por debajo del salario mínimo, lo cual genera competencia injusta en el mundo de los negocios y en muchas ocasiones lleva a organizaciones legítimas  a cerrar sus negocios.
Como lo señaló el Presidente Obama, estos inmigrante ilegales están “obteniendo los beneficios de vivir en los Estados Unidos (por ejemplo una economía fructífera), sin tener las responsabilidades de vivir en los Estados Unidos (por ejemplo, pagar impuestos)”.
El problema es que muchos millones de estos inmigrantes ilegales están asustados de salir de las sobras por el miedo a ser deportados y el miedo de ser separados de sus seres queridos, lo que significa que el actual “sistema” les impide convertirse en ciudadanos de los Estados Unidos que siguen las reglas y que paguen impuestos.
El objetivo de la acción ejecutiva es enfrentar este problema y hacer más fácil para inmigrantes ilegales “salir de las sombras” y empezar a “jugar de acuerdo a las reglas”.
La acción ejecutiva efectivamente restablece las prioridades para la deportación de inmigrantes indocumentados viviendo en los Estados Unidos. Pone prioridad en aquellos que significan una amenaza para la seguridad nacional (por ejemplo, miembros de pandillas o criminales convictos) por encima de aquellos que nunca han sido sentenciados por una ofensa seria.
Extiende la acción diferida para aquellos que llegaron a los Estados Unidos cuando eran niños, aquellos que son padres de ciudadanos de los Estados Unidos o residentes legales permanents. Así mismo presenta beneficios positivos para trabajadores nacidos en el extranjeros que tengan aptitudes especiales y para empresarios que desean quedarse en los Estados Unidos.
Mayor información y detalles se encuentran disponibles en la página official de la Casa Blanca y la páagina de DHS.
Empiece Hoy de Manera Gratuita
Wites & Rogers y nuestro equipo de abogados de inmigración hemos estado trabajando a contra reloj para estar preparados para esta acción ejecutiva de inmigración. Una vez que haya sido promulgada, el tiempo para aplicar pudiera ser muy corto si el Congreso se mueve con la finalidad de bloquearla, de la misma manera que hemos visto en varios estados con el matrimonio entre personas del mismo sexo.
Hemos puesto en marcha un programa gratuito, sin obligación para usted, en el cual le ayudaremos, sin ningún costo, a reunir y verificar todos los documentos necesarios. Una vez que el gobierno ponga disponible mayor información sobre la orden ejecutiva del Presidente Obama y esta entre en efecto, entonces determinaremos el costo de abogados que le cobraríamos por nuestros servicios, y le diríamos el monto total de nuestras cuotas. Si usted decide contratarnos, entonces procederemos con su aplicación. En otras palabras, usted unicamente nos pagará si elige contratarnos para representarlo en su proceso de inmigración. Así es que no existe ningún riesgo para usted.
A través de nuestro programa gratuito, sin riesgo para usted, estaremos mejor preparados para iniciar su aplicación una vez que la orden ejecutiva entre en vigencia y el gobierno empiece a aceptar aplicaciones. Esto dará como resultado que usted obtendrá sue status migratorio legal lo más pronto posible.
Por favor visite nuestra página sobre nuestro programa gratuito sobre la Acción Ejecutiva del Presidente Obama dándole click aquí.

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The eligibility requirements for Obamas executive action are complicated and in many cases, will be considered on a case-by-case basis.
 However, generally speaking, you WILL be eligible for Obama’s executive action if you:

• Entered the U.S. before the age of 16 and prior to January 1, 2010 (you may now be eligible under the Deferred Action for Childhood Arrivals (DACA) program)
• Are not a priority for removal (see bullet point one), have been in the U.S. for at least five years, have children who on the date of announcement (20^th November 2014) are U.S. citizens or lawful permanent residents, and present no other factors that would make a grant of deferred action inappropriate. Note: You will be assessed for eligibility on a case-by-case basis and will have to pass background checks
• Are a spouse or child of a U.S. citizen or lawful permanent resident (this includes adult children of U.S. citizens and lawful permanent residents too)
• Are a foreign-born high-skilled worker seeking work in the U.S; a foreign-born student seeking opportunities or on-the-job training; or an entrepreneur seeking parole in the United States

Further information and full requirements/details are available on the DHS website: https://www.dhs.gov/immigration-action

Get Started Today For Free!

Wites t Law and our team of immigration lawyers have been working around the clock to prepare for the launch of Obama’s executive action on immigration. Once enacted the window to apply could be short if congress moves to try to block it or the program is blocked by lawsuits in the court system, similar to what we saw with gay marriage in some states. 

We have put together a FREE, no obligation, program where we will help you now, without charge, to collect and verify all your information paperwork. Once the government releases more information about Obama’s executive order goes into effect, and we determine the amount of attorney’s fees to charge for our services, we will let you know the amount of our fees.  If you choose to hire us, we will proceed with your application. In other words, you only pay us if you choose to hire us to represent you in the immigration process.  So, there is no risk to you.

Through our no risk, FREE program, we will be better prepared to submit your application once the executive order is enacted and the government starts accepting applications.  This should result in you obtaining legal status as quickly as possible.

The post Am I Eligible for Obamas Executive Action On Immigration?  appeared first on Wites & Rogers.

The aim of Obama’s executive action is to help more undocumented migrants to come forward and start “playing by the rules” without fear of deportation or being forced apart from their families.
 Because of this, many existing rules and programs have been extended to include a broader class of migrant.
 The rules are complicated and many cases are judged on a case-by-case basis. Generally speaking though, you will be disqualified from the executive action if you:
 Pose a threat to National Security, are a convicted felon, are a gang member, or are an illegal entrant that was apprehended at the border. You may also be disqualified if you have been convicted of a significant or multiple misdemeanor(s), or entered the U.S. unlawfully after January 1, 2014 and were not apprehended at the border

• Entered the U.S. illegally after the age of 16 and after January 1, 2010 (you still will NOT be eligible under the Deferred Action for Childhood Arrivals (DACA) program)
• Do have children that are U.S. citizens or lawful permanent residents but you yourself have: not been in the U.S. for at least five years; meet any of the criteria in bullet point one; or present other factors that would make a grant of deferred action inappropriate.
• Are NOT: a foreign-born skilled worker seeking work in the U.S; a foreign-born student seeking opportunities or on-the-job training; or an entrepreneur seeking parole in the United States

 Exact criteria can vary on a case-by-case basis. Further information and full requirements/details are available on the DHS website: https://www.dhs.gov/immigration-action

Get Started Today For Free!

Wites t Law and our team of immigration lawyers have been working around the clock to prepare for the launch of Obama’s executive action on immigration. Once enacted the window to apply could be short if congress moves to try to block it or the program is blocked by lawsuits in the court system, similar to what we saw with gay marriage in some states.  
 We have put together a FREE, no obligation, program where we will help you now, without charge, to collect and verify all your information paperwork. Once the government releases more information about Obama’s executive order goes into effect, and we determine the amount of attorney’s fees to charge for our services, we will let you know the amount of our fees.  If you choose to hire us, we will proceed with your application. In other words, you only pay us if you choose to hire us to represent you in the immigration process.  So, there is no risk to you.
 Through our no risk, FREE program, we will be better prepared to submit your application once the executive order is enacted and the government starts accepting applications.  This should result in you obtaining legal status as quickly as possible.

The post Am I Disqualified for Obama’s Executive Action on Immigration? appeared first on Wites & Rogers.

 As President Obama put it, these undocumented immigrants are “reaping the rewards of living in America (i.e. the fruitful economy), without taking on the responsibilities of living in America (i.e. paying tax)”.

 The problem is that many of these millions of undocumented immigrants are too scared to come forward for fear of deportation and fear of being forced apart from their loved ones, meaning that the current “system” prevents them from becoming law-abiding, tax-paying U.S. citizens.

 The executive action aims to address this problem and make it easier for these undocumented immigrants to “come out of the shadows” and start “playing by the rules”.
 It effectively resets the priorities for deportation for undocumented migrants living in the U.S. It puts the priority on those who pose a threat to national security (e.g. gang members, convicted felons) rather than those who have never been convicted of a serious offence.

 It extends deferred action for those who arrived in the U.S. as children those who are parents of U.S. citizens or lawful residents. It also presents positive benefits for highly skilled workers and entrepreneurs looking to stay in the U.S.

Further details are available on the Official White House website and the DHS website.

Get Started Today For Free!

Wites t Law and our team of immigration lawyers have been working around the clock to prepare for the launch of Obama’s executive action on immigration. Once enacted the window to apply could be short if congress moves to try to block it or the program is blocked by lawsuits in the court system, similar to what we saw with gay marriage in some states.  
 We have put together a FREE, no obligation, program where we will help you now, without charge, to collect and verify all your information paperwork. Once the government releases more information about Obama’s executive order goes into effect, and we determine the amount of attorney’s fees to charge for our services, we will let you know the amount of our fees.  If you choose to hire us, we will proceed with your application. In other words, you only pay us if you choose to hire us to represent you in the immigration process.  So, there is no risk to you.
 Through our no risk, FREE program, we will be better prepared to submit your application once the executive order is enacted and the government starts accepting applications.  This should result in you obtaining legal status as quickly as possible.

The post What Does Obama’s Executive Action On Immigration Do? appeared first on Wites & Rogers.

Though the Senate bill’s fate will not be determined until the House convenes on the issue, President Obama, who publicly endorsed the bill, has recently taken other steps to change immigration law and create new residency opportunities for some individuals.  After the United States Supreme Court found on June 26 that part of the “Defense of Marriage Act” (DOMA) was unconstitutional, the Department of Homeland Security (DHS) directed United States Citizenship and Immigration Services (USCIS) to apply the change to policy.  This change forces USCIS to recognize same-sex marriages for the purposes of immigration status, allowing lawful permanent residents to sponsor their same-sex spouse for an immigration visa.  These developments may signal a shift in Unites States immigration policy, and may soon lead to a complete restructuring of current law.

How the Senate bill would help immigrants seeking legal status in the Unites States:

If the bill passes the House, it would create a variety of ways for undocumented immigrants currently living in the US to attain legal status.  It would also allow for the granting of hundreds of thousands of new visas, both immigrant and nonimmigrant, to individuals seeking entry, work authorization, or permanent residency in the U.S.  Undocumented immigrants and their immediate families would be able to apply for Registered Provisional Immigrant (RPI) status if they have been in the U.S. since December 31, 2011, and meet additional background-related criteria.  RPI status would be valid for six years and renewable based on meeting certain criteria, including continued employment, and would enable holders to apply for Lawful Permanent Residency and eventually U.S. citizenship. Attorney Marc Wites of Wites & Rogers, a Florida based law firm located in Lighthouse Point, which provides immigration services, explained that the proposed policies, such as the RPI status in the Senate bill, would represent a significant benefit to the quality of life for many immigrants.  “It is very disheartening seeing clients faced with little recourse when trying to bring their family members to the U.S.  Immigration reform of this magnitude would immediately have a positive effect on the South Florida community,” stated Wites.

The bill would also greatly benefit those seeking entry into the U.S. on work visas, with more visa opportunities available for skilled and non-skilled workers, while also creating additional investor, student and retiree visas.  The bill identifies significant raises to the number of visas given to skilled workers on H-1B and L-1 visas, and also increases the minimum wage employers must pay to H-1B employees.  Additionally, the bill creates the W nonimmigrant visa, which would replace the current H-2A agricultural worker program, allowing less skilled agricultural and non-agricultural workers to apply for a renewable three-year visa.

For investors, the bill offers an X visa for entrepreneurs whose businesses have generated over $100,000 in investment, or alternatively have met job-creation and revenue requirements.  There is also a provision allowing students on F-1 visas to state their intent to remain in the U.S. permanently, and a provision granting visas to retired foreign nationals over 55 years old who have $500,000 to buy a home in the U.S.

Future Prospects for the Senate bill:

The House will likely view the Senate bill with some resistance, due to the reluctance of many House Republicans to alter immigration policy, but there is hope that change will come in the near future despite the uncertainty.  According to former Republican President George W. Bush, who tried, but failed, to pass immigration reform in his second term, “The reason to pass immigration reform is not to bolster a Republican party, it’s to fix a system that’s broken,” while adding that he felt the bill has a chance to pass the House.  Speaker of the House John Boehner has expressed concern over the size of the bill, indicating the House may break up the Senate bill into separate parts and review them on a smaller scale.  However, many of Boehner’s and other Republicans’ concerns center on the Border Security section of the bill, and not on the sections expanding the options for immigrant and nonimmigrant visas.

How the DOMA ruling affects US immigration policy:

After the DOMA ruling, President Obama directed departments of the US federal government to uphold the Court’s decision and allow same-sex legally married couples to receive certain federal benefits.  This was echoed in a statement from Janet Napolitano, Secretary of Homeland Security, directing USCIS to “review immigration visa petitions filed on behalf of a same-sex spouse in the same manner as those filed on behalf on an opposite-sex spouse.”  This means that a U.S. citizen or Lawful Permanent Resident who is married to a same-sex foreign national can sponsor their spouse for a family-based visa.  This applies even if the couple does not live in a state that recognizes same-sex marriage, as long as they were married in a state that does.  The final determination of the sponsorship application will be made using the applicable immigration law, meaning that the application will not be automatically denied as a result of the same-sex marriage, as it would have been under previous law.

Attorney Ryan Korsunsky of Wites & Rogers explained that  “the effects of the DOMA ruling will be realized in numerous federal arenas, though its effect on immigration policy should not be understated.  Hopefully the Senate bill will have a similar impact on the ability of foreign nationals to become permanent residents.”  Although the future of the Senate bill remains unknown, there is reason to be optimistic about immigration reform as a whole. Given the support the bill received from Senate Republicans, and the quick action taken by DHS to modify USCIS policy on same-sex marriages, the Unites States may soon be opening up hundreds of thousands of new opportunities for immigrants.

Wites & Rogers is a law firm based in Lighthouse Point, Florida, that represents individuals and their families in immigration matters, personal injury and wrong death cases, investment loss disputes, and class actions.

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TPS holders come to the United States from foreign countries experiencing unsafe or extraordinary conditions, including armed conflict and environmental disasters.  Currently USCIS designates immigrants from El Salvador, Haiti, Honduras, Nicaragua, Somalia, Sudan, South Sudan, and Syria as eligible to apply for TPS if they meet additional statutory requirements.  During a designated temporary period TPS holders are not removable from the Unites States, can be employed by obtaining an Employment Authorization Document (EAD), and may be granted authority to travel.  Most importantly, as it relates to the Department of Homeland Security (DHS), USCIS regulation states a TPS holder “cannot be detained by DHS on the basis of his or her immigration status.”

The case, which came from the Sixth Circuit Court of Appeals, is called Flores, et al. v. USCIS, and involves Saady Suazo, a Honduran national granted TPS in 1999 after entering the United States without inspection (EWI) in 1998.  Suazo married a U.S. citizen in 2010, with whom he is raising a minor child, and applied to adjust his immigration status on the basis of his marriage.  Suazo’s application was denied by USCIS in accordance with the policy preventing those who entered the country illegally from adjusting their status to LPR.  The Court of Appeals reversed the decision, giving Suazo the requisite eligibility to apply for an adjustment to LPR status.  The Court found that the TPS statute allowed for Suazo to be considered in lawful nonimmigrant status for the purpose of adjusting his status.  The Court also referred to the U.S.’s current immigration system a “archaic and convoluted” and described the process Suazo would have faced under previous USCIS policy as “a waste of energy, time, government resources, and will have a negative effect on his family-United States citizens.”

Judge Damon J. Keith, the author of the Court’s opinion, also denounced the term “alien” as offensive and demeaning, urging Congress to eliminate it entirely from the United States Code.  Attorney Marc Wites of Wites & Rogers, a Florida based law firm located in Lighthouse Point, which provides immigration services, echoes Judge Keith’s sentiment, observing that “many of these TPS holders have established lives, families, and careers in the U.S., and have worked hard for the right to become permanent residents.  It is staggering how often we encounter clients whose original immigration statuses restrict them, instead of reflecting what they have accomplished since coming to the U.S.”

Wites’ partner, Attorney Marc Wites, stresses the purpose of the status in noting that “TPS provides reprieve to immigrants coming from chaotic and often traumatic situations in their home countries.  For many of them, this change could mean they don’t have to fear being forced to go back without a way to re-enter the U.S.”  Lawyers who represent immigrants are hoping the decision will soon be implemented by USCIS, providing a pathway to permanent residency for many deserving individuals.  President Obama has not yet indicated whether he will appeal the Sixth Circuit decision, nor has any other U.S. Circuit Court of Appeals arrived at the same conclusion on TPS holders.  However, the persuasive analysis and strong language used by the Sixth Circuit Court indicates a possible shift in USCIS policy once President Obama takes a public stance on the issue.  Considering Obama’s strong support of the 2013 “Border Security, Economic Opportunity, and Immigration Modernization Act,” and his implementation of the Supreme Court’s ruling on the Defense of Marriage Act to USCIS policy, it is likely TPS holders across the country will soon be eligible to apply for LPR status from within the United States.

Wites & Rogers is a law firm based in Lighthouse Point, Florida, that represents individuals and their families in immigration matters, personal injury and wrong death cases, investment loss disputes, and class actions.

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USCIS has announced the following procedures:

• A form will be made available that has been created specifically for the purpose of submitting requests for deferral;
• Applications should not be submitted before August 15, 2012.  Early submissions will be rejected;
• The application form should be mailed with an application for an employment authorization document and all applicable fees; and
• Applicants will be required to provide biometric data, such as fingerprints, and will have to undergo a background check.

As had previously been announced, individuals will be considered qualified for deferral if they (1) are at least sixteen years old, but no older than thirty, (2) have been brought to the U.S. before they were sixteen, (3) have lived in the U.S. for at least the five continuous years before their application, and (4) be currently enrolled in school, have graduated from high school, received a G.E.D., or have been honorably discharged from the armed forces.  Potential applicants convicted of a felony or significant misdemeanor, convicted of multiple misdemeanors, or who pose some other threat to national security will be ineligible.

USCIS cautioned that potential applicants should be aware that there are likely to be people or organizations that will attempt immigration scams, and urged applicants to retain qualified attorneys if they seek assistance with their applications.  Law Partners Marc Wites and Marc Wites of Wites & Rogers, confirmed that their firm is ready to assist eligible individuals with processing their applications.

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The Wites & Rogers Dream Scholarship is named for the proposed Dream Act, after which President Obama modeled the newly signed Deferred Action immigration order, and supports students eligible under the order.  Applicants must meet all the following requirements as of the date of the submission of their application for the Scholarship:

• applicants are at least sixteen years old, but no older than thirty,
• were brought to the U.S. before they were sixteen,
• have lived in the U.S. for at least the last five continuous years,
• be (or plan to be) enrolled as a full-time student at any accredited college, university, technical or vocational school in the United States in the fall of 2012, and
• be of either South or Central American descent (including Mexico).

Applicants must submit an essay of at least 500 words on the topic “Why I Want to be a Citizen of the United States of America.” Wites & Rogers will also consider letters of recommendation, grades, test scores and community service, in choosing the winners. The application deadline is September 14, 2012.

Wites & Rogers will announce this year’s winners by October 1, 2012.  The first, second and third place winners will receive $2,500, $1,500, and $500, respectively, explained Marc A. Wites of Wites & Rogers.  Marc also noted that the scholarship funds may only be used for tuition, lab fees, and/or books during the 2012-2013 school year.  The firm will issue the funds directly to the winners’ respective schools.

Marc Wites explained that he was very excited to once again offer the Scholarship, something that firm has done several times in recent years.  Past winners include Aryanne Schommer (a graduate of Monarch High School of Coconut Creek who attended St. Thomas University), Pedro Falci (American Heritage School/Boston University), Diogo Alves (J.P. Taravella High School/Brown University), Mirna Martinez (Glades Central Community High School of Belle Glades/The University of Florida), Steven Rios (Boca Raton Community High School/ Florida Atlantic University), and Carolina Handal (Palm Beach Central High School/The University of Pennsylvania).

Marc Wites  and Marc Wites are no strangers to big dreams, or the opportunities available in the United States.  Both Wites’ and Law’s grandparents immigrated to the United States from Europe and, through hard work and education, their families have prospered in America.  Now, Marc and Alex want to give back to the community, and help others achieve the same dream their families had the opportunity to pursue when coming to this country years ago.

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President Obama explained that the new policy was intended “to mend our nation’s immigration policy, to make it more fair, more efficient and more just, specifically for certain young people sometimes called DREAMers.” He stressed that these individuals “are Americans in their heart, in their minds, in every single way but one: on paper.” Secretary of Homeland Security Janet Napolitano noted that the country’s immigration laws were never intended to focus on these young people who are in the country “through no fault of their own.”

While not identical to the Dream Act, the newly-announced program is available to individuals who (1) are at least sixteen years old, but no older than thirty, (2) have been brought to the U.S. before they were sixteen, (3) have lived in the U.S. for at least the five continuous years before their application, and (4) be currently enrolled in school, have graduated from high school, received a G.E.D., or have been honorably discharged from the armed forces. Potential applicants convicted of a felony or significant misdemeanor, convicted of multiple misdemeanors, or who pose some other threat to national security will be ineligible.

The deferrals can be renewed after two years. Successful applicants will be eligible to apply for permanent residency on a case-by-case basis.

Lawyers who represent immigrants welcomed the development as providing a pathway to legal status for young immigrants brought to the U.S. by their parents, and who wish to remain legally in their adopted country. Marc Wites  of Wites & Rogers, a Florida based law firm located in Lighthouse Point, which provides immigration services, observed that “many of the individuals eligible for this program have lived most of their lives in the U.S., and may not even speak the language of their country of origin. They see themselves as Americans, and want to be participate productively in this country.” He and his partner, Marc Wites, announced that their firm is ready to assist eligible individuals with processing their applications.

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Options for Victims of Domestic Violence Who Are Related to Their Abuser

Although enacted under the Violence Against Women Act (“VAWA”), any family member – male or female – may apply for permanent residence in the U.S. if the family member who batters them is a U.S. citizen or permanent resident.    For example, potential applicants include the parents of adult U.S. citizens or permanent residents who abuse their parents.

In addition, with regard to children abused by a U.S. citizen or permanent resident, either a battered child under the age of 21 may apply, themselves, or the parent of the abused child may apply for immigrant status.  The parent’s application may include themselves, the abused child and any other non-abused minor children.

A spouse-applicant may include in their application their children under the age of 21.  The application is made in confidence, and no notice will be provided to the batterer.

A Spouse Does Not Need to Still be Married to the Abuser

Although a spouse must have been married to their U.S. citizen or permanent resident abuser, this does not meant that her or she must still be married, or even that the abuser remains a citizen or permanent resident.   A spouse may file for permanent residence if, within the past two years, the marriage ended in divorce or even death arising out of the abuse, or if the abuser lost his or her status as a citizen or permanent resident as a result of the abuse.  In addition, the applicant may be eligible if they believed they were in a real marriage which was illegal due to bigamy by the abusing spouse.

Victims of  Certain Crimes

A “U” non-immigrant visa is available to persons who are victims of certain crimes and have suffered substantial physical or mental abuse as a result of the crime that does not involve direct family relationships.  Depending on the severity of the abuse, this visa can be available to victims of domestic violence by non-spouses or non-parents.  The crimes which may provide the basis for a U visa range include a large number of serious crimes includingabduction, witness tampering andinvoluntary servitude.

To qualify for the U visa, the victim must have “credible and reliable” information about the crime which violates U.S. law.  They also must be, have been, or are likely to be helpful to the investigation and/or prosecution of that qualifying criminal activity.

Similar to the U visa, the T visa allows victims of human trafficking to apply for non-immigrant status.  This visa is available to victims who cooperate with law enforcement in the investigation and prosecution of human trafficking.

Legal Requirements for Humanitarian Visas

Although they similarly provide protection for foreign victims of crimes, the VAWA, U and T visas all contain specific requirements and eligibility.  An attorney familiar with the available options can recommend which type of visa is appropriate under the applicant’s particular circumstances and assure that all required information is submitted to the correct office to of the U.S. Citizenship and Immigration Services.

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