WARNING! RECENT OBAMA ANNOUNCEMENT DOES NOT CONVEY IMMIGRATION STATUS

On Thursday, August 18, 2011, the Obama Administration made an announcement related to prioritizing its efforts against aliens facing removal (deportation). This announcement did not convey any sort of legal status to aliens, nor does it provide any mechanism to apply for status. The announcement pertains to whether cases deemed "low priority" will be prosecuted for deportation, and a prospective process by which those aliens whose whose cases are administritively closed by the immigration court as "low priority" cases, might apply for an employment authorization document (EAD).

DO NOT LISTEN TO OR BELIEVE ANY IMMIGRATION CONSULTANT, NOTARIO, OR NON-LAWYER WHO SUGGESTS, OR ATTEMPTS TO EXTRACT MONEY FROM YOU TO APPLY FOR AN EMPLOYMENT AUTHORIZATION UNDER THE OBAMA ANNOUNCEMENT, SINCE THERE IS NO MECHANISM AT THIS TIME, BY WHICH THAT CAN BE DONE. FURTHER, IT REMAINS EXTREMELY RISKY FOR AN UNDOCUMENTED OR OVERSTAYED ALIEN TO TURN THEMSELVES IN TO IMMIGRATION AUTHORITIES.

THOUGH SOME ALIENS CAN AND DO BENEFIT FROM BEING PLACED IN REMOVAL PROCEEDINGS TO PURSUE CERTAIN TYPES OF APPLICATIONS, SUCH PLACEMENT SHOULD ONLY BE UNDERTAKEN WITH THE GUIDANCE AND REPRESENTATION OF AN EXPERIENCED IMMIGRATION LAWYER.

The announcement does not provide any mechanism at present (beyond those already available by regulation) for an alien to apply for an employment authorization, and aliens who are pursuing existing cases in court for immigration status through asylum, cancellation of removal, adjustment of status, and other remedies, are seeking "status" in the US and a pathway (at least in the forms of relief mentioned) to Lawful Permanent Residence (LPR) and ultimately US Citizenship.

To the extent that an alien's Immigration Court "Removal" case is administratively closed and the alien granted an EAD through some future application process, Obama's announcement does not suggest that the alien would cease to be inadmissible for overstaying a visa or I-94 for example, and thus the alien overstay (overstayed for more than 6 months) would continue to risk being barred from re-admission to the United States if they depart.

The American Immigration Lawyers Association (AILA) has published a consumer advisory and warning to the public to clarify what this announcement is and what it is not. Aliens should read this advisory for themselves, and if confused about anything therein, consult with and ask an experienced immigration lawyer to explain it to them. The consumer advisory can be found at http://chat.aila.org/content/default.aspx?docid=36705. I encourage all undocumented or overstayed aliens to read this advisory and consult with an immigration lawyer before taking any action with respect to the August 18 announcement.

Chow & Hamilton will not be answering questions by phone related to the announcement or the above advisory. Individuals seeking advice regarding this matter will be referred to the AILA Consumer Advisory, this blog posting, and should schedule appointments with a lawyer of the firm.

Exisiting clients of the firm will be advised as to how the announcement might affect their individual cases, on a case by case basis, as they continue to consult and prep with the firm.

HAMILTON WINS REOPENING FOR LONG-TIME KENYAN DEPORTEE

On August 9, 2011, the BIA, in response to Mr. Hamilton's Motion to Reopen (MTR) filed in May 2011, reopened the case of Kenyan alien who had been the subject of a final deportation issued in 2003. The case involved a number intersecting thorny and complex legal issues, including changes in law in the United States.

The alien is now permitted to reapply for immigration benefits which had been previously denied, and seek any other remedies which may be available.

By: Maria Rangel