Newsletter to our community
Dear Friends:
Almost two weeks ago, Joe Biden became the 46th President of the United States of America. His ascension has created a furor within the immigrant community. This has been fueled in large part, by Mr. Biden’s ambitious immigration reform plans. During this period of time, our office has received hundreds of calls. Following is a sampling of what callers are asking and or telling us, followed by a dose of reality on where we are at the moment:
1. The President says that we will become legal permanent residents and after five or eight years we will become citizens.
2. The President stopped deportations. Now we can freely go out again without fear of being detained by ICE.
3. When I get my legal papers through President Biden’s plan, can I bring my family from Guatemala.
4. I am a woman who escaped a very abusive relationship in El Salvador. My case is still in court. Will my case now end and I will be given papers.
5. A friend of mine called and said that his friend received a call from his immigration lawyer. My friend’s friend was told that he should immediately go and apply to be first on line.
6. President Biden is going to reopen section 245(i); I heard it on T.V.
We have received countless variations of the themes noted above. Now the truth - President Biden DOES NOT have the power to make anyone legal permanent residents, much less on a path to citizenship that his contrary to existing law. That answers # 1 above.
Yes, the President did order ICE to stop deportations for only 100 days beginning on January 21, 2021. This means that anyone currently detained by ICE, or subsequently detained for deportation proceedings cannot be deported as of now. This DOES NOT mean that ICE cannot detain or place you in deportation proceedings. For example, if you have a deportation order, ICE can and will detain you. Please be careful, don’t do crazy things.
Presently, when someone becomes either a legal permanent resident or citizen and petitions family that resides abroad, they are subject to Department of State visa regulations, which carries a waiting period depending on the relationship of the petitioner. The exception to this rule applies to immediate relatives of citizens. President Biden, DOES NOT have the authority to unilaterally make changes to immigration law.
Victims of domestic violence, as well as all other immigrants who presently have cases before immigration judges, MUST appear when ordered to. Failure to appear will trigger a deportation order. President Biden DOES NOT have the authority to grant anyone immigration status or suspend their judicial hearings.
The call from the friend’s friend is to me the most frightening. Why? Because there is no line to apply for any immigration benefit at this time. Nor has the Biden Administration stated that applications to petition relatives or self should apply now. This is IMMIGRATION FRAUD! Please be on the alert because the time is ripe for unscrupulous persons to take advantage of hardworking, trusting immigrants.
What was said on television that prompted our client to call I do not know. What I do know is that the Biden Administration has not spoken about reopening section 245(i); that permitted certain groups of immigrants to could show that they entered by December 31, 2000, submitted their applications no later than April 30, 2001, and met other regulatory hurdles, could adjust in the United States after paying a $1,000 penalty.
In the United States, laws are passed by the Congress and signed into law by the President. Congress is composed of two houses, the house of representatives and the senate. A proposed law must pass both houses before its sent to the President for signature and enactment into law.
The President can propose legislation and this is what President Biden has done. Specifically, he has proposed legislation to enact comprehensive immigration reform to bring the approximately 12 million undocumented immigrants into compliance. This is what the President did on January 21, 2021, when he submitted his proposal to Congress. As of today, the Congress has not set a date when it plans to consider the President’s proposal.
Based on all of the above the one message is this one - be aware of immigration scams. Call us if you have questions, it can safe you money and unnecessary heartache.
The staff at Immigration Legal Services of Long Island, (ILSOLI), is here to protect your interests. And, when the time comes, and we do hope that it comes, when we get comprehensive immigration reform - we will gladly work with you to make the American Dream become that long awaited reality. Until then;
Sincerely yours,
Carlos Piovanetti, Esq.
Managing Attorney