Melbourne, 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.  

Hello. Once you marry, you can file for your spouse's green card. This can take place in the US if he are here or via the US consulate if he is still in the UK. I would be happy to review either scenario with you, but need more information about his visa status and marriage plans. Feel free to email or call anytime: harun@ksvisalaw.com    858-874-0711.

I suggest that you apply for a visa at the American consulate or embassy and explain your situation and if requested, present the notice of dismissal. I concur with your thought that you should not apply for ESTA anymore.  Theft is a crime of moral turpitude and the fact of the arrest alone will likely result in an ESTA denial. When you again visit the US, you can bring the notice of dismissal in the event that you are questioned about it by CBP. 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.