Eaton Park, FL Immigration Law Firms & Lawyers

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.  

Yes, you can file the I-130 for your son as a green card holder. It is simply a lot slower because you must wait for the visa to be ready (Something around 2.5 years right now) between the initial filing of the petition and the time to get an interview for the immigrant visa.

As the crime with which you are being charged is a misdemeanor in which the maximum jail time is one year, and this is not the type of offense which can be construed to be an aggravated felony if you are sentenced to one year, you are not deportable if convicted. I further note that the offense of indecent exposure is generally not regarded as a crime involving moral turpitude. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.