USCIS announced today that all 10k u visas for fiscal year 2016 have been issued. This is the 7th year in a row that demand exceeds visas since 2009. Because of a statutory cap USCIS can only issue 10k U visas every year.  USCIS will begin issuing U visas again in fiscal year 2017 which begins 10/2016.

Each year 10,000 U visas are available for victims of certain qualifying crimes who have suffered substantial mental or physical abuse and cooperate with authorities to investigate or prosecute those crimes.

It is important to note that although USCIS has reached the statutory cap of 10,000 U visas, it continues to review pending petitions for eligibility and accept new petitions.

Those who are eligible but cannot be granted the U visa solely because of the cap will be placed on a waiting list and can apply for employment authorization until more visas become available.

Congress created the U visa program to strengthen the ability of law enforcement to investigate and prosecute criminal cases while offering protection to undocumented victims who may otherwise be afraid to report crimes due to their undocumented status.

More than 126,000 individuals and their family members have received U visas since the program began in 2008.

As 2015 comes to an end, it is fitting to post about the good, the bad and the ugly that 2015 brought in Immigration:
The Good:

• I601A expansion though not yet implemented is expected to begin in 2016...this will extend the provisional waiver to parents and spouses of Legal Permanent Residents and has the potential to benefit many.
• DHS issued clarification on the definition of extreme hardship which will assist many.
• Advance Parole has opened up a path to legalization for many with DACA.

The Bad:

• Rumors persist about legalizing based on having a sick or disabled child...this doesn't exist.
• The injunction on the implementation of DAPA...millions of people's dreams & lives are on hold because some say the President acted outside of his authority despite the fact that every President since Eisenhower has used executive action to grant temporary protection to undocumented populations.

The Ugly

• The continued due process violations of families lawfully seeking protection under US law at our borders which has led to deportation of thousands of men, women and children with valid asylum claims.
• The continued incarceration of refugees but especially children in Dilley Texas & Pennsylvania.
• The planned ICE raids to pick up and deport central American refugees with final deportation orders...when the vast majority of final orders of deportation are in absentia orders because of lack of notification, language barriers and a complete denial of access to lawyers who could have explained the rights and obligations to these refugees.
• The decision not to implement body cameras for CBP officers is a lost opportunity for CBP to be transparent and held accountable for the numerous complaints of abuse.
• The replacement of Secure Communities with the Priority Enforcement Program which is basically the same program with a different name & minor changes that don't address the huge due process concerns.

There were so many horrible lows during my 8 days in Dilley, but these are the ones that stand out for obvious reasons:

1. Sometimes we were not allowed to see the women with out reason or explanation. We were subjected to ridiculous rules which changed daily. We had to fight every day to be able to bring basic materials to a trailer where coloring books were considered contraband. We argued with guards because they were keeping the women's legal documents & not giving them copies. The release process was a mess. Sometimes, we were provided a list of who would be released and attorneys on the ground take them to a safety house where they are and taught how to travel by bus and plane & travel arrangements are made. While on the ground they stopped telling us when and who was going to be released, so we had to start to prepare everyone for eventual release teaching them about the importance of their court hearings, resources, how to take a bus, take a flight etc. New detainees started to be segregated from the general population supposedly bc of a chicken pox outbreak. But the women said they were told it was because they didn't want the ones who had already been educated to spread their knowledge to the new arrivals. Instead of focusing all of our attention on legal issues, we were forced out of necessity to also be social workers, medical advocates, and civil rights advocates because the system was purposely designed to needlessly frustrate and complicate everything for these women and children. It is no mistake that the biggest detention center was put in Dilley Texas, the government placed these families in the middle of no where to limit their access to attorneys. Thankfully, Attorneys showed up, and will keep showing up week after week to represent everyone who is detained.

2. ALL of the kids we saw were sick...every single one. Medical issues were not being addressed. Many of the women and their children are extremely sick, they wait hours to see a doctor and the doctor's prescription: drink water. The water in Dilley is contaminated and women must purchase bottled water.

3. Despite passing their credible fear interviews, many remain detained sometimes for months

4. Although the official title of the center is South Texas Family Residential Center, there are no complete families there, there are only women and children (babies to teenagers), all boys over 18 yrs old and men are sent to other detention centers and they had no large organized efforts of attorneys for them.  We heard many stories of entire families asking for asylum and being separated in detention, part of the family was granted asylum and the rest of the same family with the same claim was denied, the only difference was their gender and that because of that they lacked an attorney.

1.we must have closed about 100 cases which means women and children were actually released from detention.
2. I witnessed a woman who spoke an indigenous language kanjobal speak to an interpreter over the phone, this was the first time in 2 months that she had been able to communicate with anyone.
3. We worked hard to connect women with their relatives via phone.
4. We gave detailed instructions to many families so they could pay bonds, purchase bus tickets & plane tickets.
5. We prepared the women for their credible & reasonable fear interviews.
6. We prepared bond redetermination motions.
7. There is an awesome team of dedicated people working on the ground and remotely who are making a difference everyday for many women & children.
8. We advocated for a woman & child who missed their dinner bc we were preparing her for an upcoming hearing so despite initially refusing them a late dinner guards eventually agreed to our request and brought her and her son a boxed dinner...she & her 12 yr old would have otherwise gone without dinner that night.
9. Though most guards are trying to make our job harder on the ground, there are some good hearted guards who are trying to make our job easier.
10. We are on the front line preparing affidavits to counter each lie DHS told in their response to the lawsuit to end family detention in regards to the conditions in the detention center.
​

I have confirmed my flight, rental car and hotel.  There are only about three weeks left before I leave to Texas. I am excited to go and help make a difference. Please help me reach my goal by contributing or sharing in your social networks. A huge heartfelt thank you to all who have already graciously contributed.

It was just announced that DACA grantees will be allowed to enlist in the military, however, they must meet the MAVNI requirements. In reality very few DACA's will likely qualify. Below is the memo. Here is a link to the MAVNI requirements.

Sabado 16 de Agosto de 2014

Biblioteca Bascom: 1000 S. Bascom Ave San Jose

9am/11am/ 1pm

Para registrarse llame al 408-622-0184

Recuerde traer copia de su solicitud inicial de DACA

copia de su permiso de trabajo

money orden de $465

seguro social

2 fotos estilo passaporte que midan 2x2

Pursuant to statistics released today by USCIS as of 9/2013 there were 2300 DACA applications accepted from Salinas of those 2100 were approved-all were Mexican Nationals.

In Santa Cruz & Watsonville combined there were a total of 1200 DACA applications accepted and 1100 were approved--all were  Mexican Nationals

-In California there were a total of 165,400 DACA applications accepted of those 152,900 were approved, 87% were Mexican Nationals

-Across the nation there were 580,000 applications accepted and of those 514,800 were approved.

52% of applicants were Mexican Nationals, but over 25 different countries  were represented.

El noveno circuito ha decidido que el estado de Arizona no puede negar le la licencia a jóvenes con DACA.

La corte explico que no existe ninguna base en la ley para negar la licencia de conducir a los que tienen DACA.  Ningún propósito estatal es promovido al discriminar contra DACA cuando el estado otorga licencia a personas con estatus similar.

Así que adelante Jovenes de Arizona con DACA...a pedir las licencias!

1. The stories I get to hear everyday are awesome. Most are of people that come to this country without knowing the language, with hopes of making a better life for themselves and their family. They work hard in the fields and somehow manage to save some of the little money they make to send back to their home country, or to open up their own business or help put their kids to college because they never got the opportunity but their kids will. Immigrants are the greatest people in the world and they have the best stories in the world.

2. It is a very difficult area of law and I've worked hard to learn it and I can truly say I've helped people and I am so proud of that.

3. I love being creative and thinking of arguments to win the case that it seems no one else has thought of.

4. I love the feeling of accomplishment when I win a case, get an approval or had a small part to play in reuniting someone with their family member.

5. It's like X mas almost everyday when my mailman brings the mail--I can't wait to open it and see what's inside.

6. I never have a boring day.

7. I get to learn about parts of the world I have never even heard about...like Latvia...who  would have known right?

8. I get to write a lot...I love writing!

Georgia DACA in state tuition decision calls out for Comprehensive Immigration Reform. Read the decision for yourself here:

2pm -6 pm

Domingo 9 de Marzo

100 Salinas Road

Iglesia Asuncion

Watsonville CA

Venga y reciba una consulta gratis con un abogado de Inmigracion.

Ciudadania, Renovacion de mica, peticiones familiares, la visa U, TPS, deportacion o accion diferida.

Algunos consejos de la abogada para esta temporada de impuestos:
1.Hagan sus impuestos-- Si llegara a pasar una reforma migratoria es muy probable que pidan comprobantes de que han hecho sus impuestos.

2. Si no han hecho los impuestos por muchos años, haganlos ahora. Talvez se den una sorpresa y envez de tener que pagar les puede tocar un reembolso.

3. Hagan los impuestos con alguien que sepa las leyes. Es recommendable que los hagan con alguien que es contador o un preparador de impuestos professional. No es recommendable que vayan con alguien que solamente abre negocio durante esta temporada de impuestos. Cualquier error cometido en sus impuestos le puede afectar, puede hacerlo sujeto a una auditoria, multas y deuda al govierno federal.

4. Si gano menos de $57,000 tal vez califica para que le voluntarios del United Way le ayuden hacer sus impuestos gratis! Haga click arriba o llame al 2-1-1  para obtener los requisitos y direccion del lugar mas cercano a usted.

5. No pidan recibir su reembolso rapido, esto es una tactica para cobrarles y quitarles una gran parte de su reembolso. El gobierno federal y estatal le puede mandar sus impuestos directamente a su cuenta de banco en dos semanas gratis! o se lo puede mandar por correo regular en 28 dias. Las tacticas de algunos preparadores de impuestos es ofrecerles recibir su reembolso rapido dia, pero lo que no les explican es que les estan haciendo un prestamo donde les cobran un interes muy alto.  Mejor eligan recibir su reembolso directamente a su cuenta de banco y asi recibiran la cantidad completa.

6. Reporte todo correctamente:  asegurarse que esten bien hechos sus impuestos, revisen todo antes de firmar. Si esta legalmente casado debe de indicarlo. Igual, si no esta legalmente casado no puede archivar los impuestos como casado. Reporte todo ingreso, si le pagaron solo en efectivo lo tiene que reportar.

7. Frequentemente recibo preguntas de parejas que han hecho sus impuestos por separado de su pareja enves de juntos, tienen miedo que esto les perjudicara el momento que quieran imigrar por su pareja. Lo que les aconsejo es lo siguiente: Hacer impuestos juntos es solamente una cosa que inmigracion puede considerar como evidencia de la Buena fe del matrimonio. Un matrimonio no necessariamente tiene que declarer impuestos juntos, si hay alguna razon por la cual la pareja necesita hacer los impuestos por separado simplemente hay que explicar esa razon a inmigracion. Con que existan otras evidencias de la Buena fe del matrimonio, por ejemplo, fotos, cuentas bancarias en comun, hijos en comun, propiedades o contrato de renta en comun, etc., esta bien.

Tonight I spent Valentines day with my true love, my daughter.
I told her we could go wherever she wanted for valentines and she wanted to go to her school's valentines night out with me-- so we did.  Her school put the event on--It was sort of like day care drop off for parents to enjoy a night out together without the kids. But instead of dropping my little one off I remained and I enjoyed the night at school with my daughter...and twenty-five or so other kids...we decorated cookies, played in the playground, played board games and watched movies. She loved it and we were together which made it awesome. 

Thanks to hard work, dedication, the support of my family and community, my business is growing and thriving, now with some years under my belt as a business owner I'd like to share some of the business decisions I've made that I feel have made my business successful.  I hope these tips are helpful to aspiring business owners:

1. Show up to work every day-keep fixed hours and work like your boss is watching you. As a business owner you are the boss not only do you set the example for your employees but your business depends on you being there. In my office complex I've seen many businesses come and go and one common factor is they don't keep consistent hours. I don't get it, when I first started I was at my office from 8am until 8pm. Now my hours are more reasonable, but still I put in more than 40 hours a week.

2. Measure and monitor your income and expenses every month- it is a financial check up for your biz. Monitoring each month allows you to change things if necessary before too much damage is done.

3. Track where your customers come from, ask them how they've heard of you and who referred them to you. This way you know where to spend your advertising budget and who to thank for referrals.

4. Use the latest technology, if you're not tech savy find someone who is and hire them to teach you or do it for you. It might take some time or expense to learn and implement it but once you have it, it will save you time and as a small business owner your time is money.

5. Plan for the future--write your goals and the steps you need to take to accomplish each one--then do each step.

6. Don't be afraid to say no. This is your business and you make the decisions, figure out what types of cases or clients you love and target your marketing to that population so you'll be happy and passionate about going to work every day.

7. Don't forget to save for retirement!

8. Never forget where you came from, give back to your community & the small businesses around you.

Acaban de anunciar que Sergio Garcia, un joven indocumentado que se graduo de la escuela de leyes y paso el examen de la barra de Abogados de California, pero se le nego la licensia solamente porque es indocumentado ahora se le dara su licensia de abogado!

Estas son muy buenas noticias, pero... desafortunadamente la decision de la corte suprema de California dejo muy claro que mientras no tenga permiso de trabajo no podra trabajar como abogado. Sergio Garcia no califica bajo DACA porque entro a EE.UU a los 17 años. Y no tiene ninguna otra manera de conseguir un permiso de trabajo.


Sergio Garcia gano una batalla grandisima, derecho a la licensia de abogado para indocumentados. Todos aquellos que beneficiaron de DACA y quieren ser Abogados en California ahora podran hacerlo  gracias a Sergio Garcia. Esta decision tambien abre las puertas a otros oficios y licensias del estado que antes estaban fuera del alcanze de indocumentados.

Buen hecho Sergio Garcia!

Te seguimos apoyando en tu lucha...un gran ejemplo de la necessidad de una reforma migratoria.

The Hispanic Scholarship Fund has opened many scholarships up to DACA grantees. Click here to see the requirements and application deadlines.  These scholarships are open to high school students, undergrads, community college students and graduate students.




El Hispanic Scholarship Fund abrio becas para los que tienen DACA y cumplen con ciertos otros requisitios. Hagan Click aqui para ver los requisitos y la fecha limite para aplicar. Estas beccas estan disponible para los que estan en la secundaria, en colegio comunitario, Universidad o programa de maestria.

I recently had a consultation with a man who was completely devastated because his wife went to her appointment a Ciudad Juarez days ago and was denied a visa, worse yet, she was told she couldn't return to the US for 10 years.

I could have advised this man and his wife of the 10 year non waiveable bar if they had only consulted with me prior to filing their paperwork or even prior to leaving for the interview.

Now unfortunately this man is separated from his wife of 9 years and his three children are separated from their mom. I had to inform this man that there was absolutely nothing that could be done now, other than for his wife to wait out the 10 years in Mexico.  He didn't want to hear it. He kept repeating, "pero la notaria me lo garantizo, me dijo que porque soy ciudadano y mi hijo el mas chico esta enfermo no ivan a castigar a mi esposa." I explained to him that even though these things may have helped with a waiver, immigration would never take those things into consideration in his wife's case because the bar she faced was not waiveable.  

He ultimately accepted defeat, he had no other choice...Sadly a big part of my immigration practice entails telling people that there isn't anything they can do under existing laws to legalize, some come to me after they've fallen victim to immigration fraud and for many like this man and his family it is simply too late.

Let the pain and suffering of this man and his family be a lesson to all.

Rule #1: If someone guarantees you any result in any immigration case, run out the door and don't look back.

Rule #2: Always consult with a licensed immigration attorney regarding your case, don't put your family's future in just anyone's hands.

Rule #3: If it seems too good to be true, it probably is. Get a second, maybe even a third opinion before taking action on immigration rumors or "new laws".