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Vote Undocumented Immigrants as Time’s Person of the Year Because They Are America.

Time magazine is having its annual contest on who the Person of the Year for 2012 should be.

You can vote, “definitely”, HERE.

Why?

Because Undocumented Immigrants represent what America is all about. They are our parents, grandparents, and great-grandparents.

The immigration laws have changed but the people have not.

Undocumented Immigrants

By Howard Chua-EoanMonday, Nov. 26, 2012
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GIAN PAUL LOZZA FOR TIME

What do you think?

Should Undocumented Immigrants be TIME’s Person of the Year 2012?
DefinitelyNo Way

An invisible population stepped forward on June 15, 2012, to stake its claim to the American Dream. On that day, President Obama declared that certain undocumented immigrants — a group simply labeled “illegal” by many — would not be subjected to deportation, under broad-ranging conditions. Suddenly the logjam of immigration reform shifted, as more than 1 million undocumented young people who had been in the country for the past five years found themselves with new opportunities. What is more, the sympathies of other groups of people who have undocumented relatives — and thus are mindful of their plight — may have clearly shifted to a President on a campaign for re-election, as evidenced by the preponderance of Hispanic and Asian-American voters casting their ballots for Obama. Chastened by the results of the vote, the GOP has warmed to a legislative fix, increasing chances of comprehensive reform.

FREE LEGAL CLINIC FOR YOUNG IMMIGRANTS/CLÍNICA GRATIS PARA INMIGRANTES JOVENES

We are conducting an informative, Spanish/English bilingual and free clinic on immigration remedies for young people, including Deferred Action for Childhood Arrivals and Special Immigrant Juvenile Status. The two-day program will include a lecture on remedies for youths as well the option for an individual, private consultation with an immigration attorney free of charge.

The clinic will take place 11/30/2012 from 4-7 p.m. and 12/01/2012 from 10 a.m. – 1 p.m. and is being graciously hosted by Salvytech Multiservices located at 1656 5th Avenue, Unit F, Bay Shore, NY 11706.

By attending, you will at the very least leave with invaluable knowledge of the immigration laws of the United States.

OBTAINING RESIDENCY BASED ON “CANCELLATION OF REMOVAL”

Obtaining Residency Based on “Cancellation of Removal”

It is well-known that certain immigrants who have lived in the U.S. for at least ten years and have a Legal Permanent Resident or U.S.
citizen spouse, children or parent may be able to obtain their green card.  However, there is a lot of misunderstanding about this
important remedy, called “Cancellation of Removal.”  Here are some key points:

1.      You can only apply for this relief in Immigration Court.  Unlike some simpler green card applications, where you can apply before U.S.
Citizenship and Immigration Services directly, this remedy is only available before a Judge.  Therefore, a person has to be in removal
(or deportation) proceedings to apply.  If someone is not already in removal proceedings, he can place himself in removal proceedings, but
this is only recommended when the case is very strong, because the alternative is a deportation order.

2.      The law requires “exceptional and extreme hardship” to family.  The standard to win these types of cases is usually higher than people
think.  You have to show that your removal from the United States would cause hardship to your family that is much more extreme than to
an average immigrant family.  The hardship could be financial, medical, or emotional.  For example, if you are a single parent of
four children, or the parent of a disabled or very sick child, it may be worth the risk to place yourself in removal proceedings to apply
for this relief.

3.      The ten-year presence rule.  There are some people who have been in the U.S. for more than ten years who will be barred from this remedy.
For example, if you received a Notice to Appear to immigration court before you accumulated ten years in the U.S., your time will stop
accruing and will not be able to attain ten years of physical presence required under the law.

If you had court proceedings or were ordered removed in the past, this may bar you depending on the circumstances.  Also
remember: even if you were in the U.S. for ten years, it will be your burden to prove that through documents (not just statements from
people) such as medical records, bank statements, receipts, etc.

4.      If you were ever arrested… you must consult with an experienced lawyer who will be able to tell you how your arrests will affect your
case.  You should always be honest with your lawyer, because it is not possible to win this case without having your fingerprints checked by
the FBI.  You should never underestimate any arrest because the immigration law can be very unforgiving.  Two convictions for petty theft, for example, could bar you from getting your green card.

5.      If you entered illegally, you still qualify.  Whether you entered the United States without documentation, or with a visa, you remain
eligible to apply for this remedy.  This is great news because so many other remedies are not available to illegal entrants. The bottom line is that if you have been in the United States for ten years or more, and have a U.S. citizen or Legal Permanent Resident spouse, child, or parent, you may be eligible and should consult with an experienced immigration lawyer to thoroughly assess your legal situation.  While these are some basic guidelines, you should not make the assessment on your own.

(C) 2012 Amoachi and Johnson, Attorneys at Law, PLLC. All Rights Reserved. Unauthorized use and/or duplication of this material without express and written permission from this blog’s author and/or owner is strictly prohibited.