new policy introduced by obama!

Please note that this is not a new amnesty program or policy guaranteeing that certain individuals here w/o status can clean up their situation and legalize their status for the U.S.  There is no application process, no EAD to apply for, nothing that you may want to affirmatively pursue.  It is not a way to legalize your status and there is nothing to sign up for right now. Prosecutorial discretion may be applied in some cases where the government t may choose to administratively close removal proceedings.  It does not provide a green card or any other legal status.  It is only a measure to stop the removal procedures against that individual in what is considered a low priority case. If an individual approaches the government now in hopes of qualifying, s/he could still be placed into removal proceedings and ordered deported. If you e-mail me, I can forward you some materials explaining prosecutorial discretion. Any person hoping that prosecutorial discretion may apply in their case should consult with an experienced immigration attorney to review their matter. Regards, Andrew M. Wilson, Esq. Serotte Reich Wilson, LLP www.srwlawyers.com awilson@srwlawyers.com    

The new policy introduced by the Obama administration allows for the closure of pending removal cases where prosecutorial discretion is found to be warranted.  There are a number of factors that are looked at in individual cases to determine if the policy applies in a given case.  The policy is not an amnesty, nor can you go to your local USCIS office or Immigration Court and apply for it.  There is actually nothing to apply for, at least yet.  The policy does not allow for individuals to apply affirmatively; the policy only applies to those persons who are in removal proceedings.  Do not apply for any benefits under this policy at this time despite the rumors being perpretrated by those who promise you a work permit and amnesty.  It simply will not happen, and you will lose your money.  Of course, this may change also.  If and when there are new policies which allow for this type of application process, you will read about it on our website at www.shanelaw.com  Michael Shane, Ask a Lawyer Panelist since 2002.

Please be aware that the "new policy" announced by the Obama administration on August 18, 2011, is simply implementing the memo issued by the ICE Director in June 2011.  The administration is going to review all 300,000 pending removal cases to determine if any of them can be considered "low priority" and administratively close them.  These cases can be reopened at any time.  In addition, the administration is giving authority to the local ICE agents and ICE attorneys to use "prosecutorial discretion" to determine which cases to file in Immigration Court in the future.  This announcement really does not change anything at this time.  This is not amnesty or legalization.  It only applies to those people who are already in removal proceedings or who are apprehended by ICE in the future.   This policy will help those people who would have been eligible for the DREAM Act if Congress had passed it.   The media has reported that the people whose cases are administratively closed will be able to apply for work permits, but nothing in the announcement last week mentions work permits.  In general, if a person who is in removal proceedings is eligible for a work permit, they will continue to be eligible for a work permit after their case is administratively closed.  So, no one should plan on getting a work permit through this policy, unless the administration provides further details.   Right now, we are waiting for the adminstration to provide more information and to begin the process of reviewing all 300,000 cases.  The fate of each case will be determined on a case by case basis.  What may be considered low priority in Los Angeles may not be considered low priority in Nebraska, so we may see this policy applied inconsistently. If you are in removal proceedings, I recommend that you contact your attorney to see how this policy may affect your case.