A MESSAGE TO TRUMP: WE’RE NOT GOING BACK IN THE SHADOWS

In These Times reached out to me shortly after the election for a thought piece on how Donald Trump’s election will impact immigrant rights organizing. The piece was a cover article for the magazine’s December 2016 issue, and can be found online now:

A MESSAGE TO TRUMP: WE’RE NOT GOING BACK IN THE SHADOWS 

Enjoy.

Post-Election FAQs on Immigration

Please find resources for undocumented students and undocumented immigrants here as to what the election of Donald Trump may mean for them. While mostly Berkeley-specific, they are relevant to most individuals.

What To Do When Your DACA Renewal Is Delayed

DACA delay

First, lets try to make sure your renewal is not delayed. Apply at least 6 months in advance and use the mailer that you received with your last work permit for the renewal for a more speedy turn-around.

However, if you do everything right, and your renewal is still delayed, here is what you can do:

1. Check your case status online at USCIS – You will need to enter the receipt number for either your DACA application or your employment authorization application.

2. Initiate a service request at USCIS – Call USCIS National Service Center at 1-800-375-5283 and request to use the Service Request Management Tool (SRMT) to request expedited processing of your case and ask for an interim EAD, if your DACA renewal application was filed 120 days in advance. In most cases, you have to ask to speak to a supervisor. In any case, write down any number they provide you.

Be prepared to provide your name, alien number, and receipt numbers to the customer service center. In some limited cases, applicants who have had their initial DACA denied, can also use this tool as an appeal to inform USCIS that the denial based on an administrative error.

3. Elevate your case status: After making the initial service request, contact the USCIS Headquarters Office of Service Center Operations by email at: SCOPSSCATA@dhs.gov. You should receive a response within 10 days.

4. Seek assistance from the USCIS Ombudsman – Open a case assistance request with the USCIS Ombudsman by filing DHS-7001. Make sure to state any reason why you need your DACA to be renewed ASAP such as employment opportunity or travel abroad or financial detriment.

Once you have completed and submitted the online form, you should be issued an Ombudsman-specific case number. Then you can contact, by email, one of these Ombudsman staff people, and request them to look into your case:

Rena.cutlip-mason@hq.dhs.gov

Margaret.gleason@hq.dhs.gov

Messay.berhanu@hq.dhs.gov

5. Contact your Congressional Representative: If the matter continues to be unresolved and there is a lapse in your work authorization, contact your individual Congressional representative for assistance. You can find your representative here.

6. Contact the Service Center that is processing your case:

  • California Service Center: csc-ncsc-followup@dhs.gov
  • Vermont Service Center: vsc.ncscfollowup@dhs.gov
  • Nebraska Service Center: NSCFollowup.NCSC@uscis.dhs.gov
  • Texas Service Center: tsc.ncscfollowup@dhs.gov

If you do not receive a response within 21 days of emailing the service center, you may email the USCIS Headquarters Office of Service Center Operations at SCOPSSCATA@dhs.gov

I see delayed renewals quite a bit these days so while I am not certain that the steps above will work in all cases, it is worth a try and better than waiting around for a response.

As a final note, applicants renewing their DACA should make sure to file 180-150 days before the expiry date listed on their Employment Authorization Document (EAD). Applicants who anticipate traveling abroad while their DACA renewal is due should always file earlier than the 150 mark. Filing less than 120 days in advance may lead to delays in lapses of work authorization, and accruing of unlawful presence.

Why Don’t Mexicans Just Come Here Legally?

I receive this question a lot from non-Mexican readers of this blog, and sometimes even clients who are wrestling with the legal immigration process. 

After all, immigrating should be a matter of filing out some paperwork and waiting your turn.

But what if that wait lasts a lifetime? What if you had to wait a lifetime to see your own parent, son or daughter?

The U.S. immigration system gives immediate relative status to only three relatives–spouses, parents and children under 21 of U.S. citizens. The other family members–children over 21, siblings, married children–have to wait their turn in an infamous preference system that is embodied in the chart below and moves at a snail pace:

57020-full

Currently, there are four preference categories and only 480,000 family visas can be allocated to these categories per year. As you can see above, many of these categories are backlogged–the demand for visas exceeds the supply, especially for certain countries such as Mexico, China, India and the Philippines, so the State Department publishes a chart each month (Visa Bulletin) informing people that they can apply for a green card but only if they had been sponsored before the date corresponding to their category.

Even with a relative petitioning for them, many people are simply unable to immigrate legally to the United States due to long backlogs.

For example, there are only approximately 26,266 visas available each year in the F2B category for the unmarried sons and daughters of lawful permanent residents (23% of the maximum 114,200 visas allocated to the F2 category per INA 201(a)(2)).

The visa prorating provisions of Section 202(e) apply to allocations for a foreign state or dependent area when visa demand exceeds the per-country limits. As such, each country is allowed a maximum of 7 percent of the total number of visas available in the F2B category (26,266 x .07 = 1,838).

The total number of pending F2B applicants worldwide as of November 1, 2014 was 498,277, according to the Annual Immigrant Visa Waiting List Report.

The number of F2B visas available to Mexico is 1,838. The number of pending F2B applicants from Mexico is 189,123, which is 38% of the waiting list per the State Department statistics. The length of time it will take to clear up the current backlog for Mexico in this category is approximately 103 years (189,123 ÷ 1,841).

In other words, a lawful permanent resident from Mexico who files a petition today in the F2B category for their unmarried son or daughter can expect it to become current in 2118!

However, if the lawful permanent resident from Mexico becomes a U.S. citizen, the time could be shortened.

The total number of visas available in the F1 category is 23,400. The total number of pending F1 applicants worldwide as of November 1, 2014 was 314,527, according to the Annual Immigrant Visa Waiting List Report available at http://travel.state.gov/content/dam/visas/Statistics/Immigrant-Statistics/WaitingListItem.pdf.

Due to backlogs, the per country cap of 7 percent caps the number of F1 visas available to Mexico per year in this category to 1,638 (23,400 x .07). The number of pending F1 applicants from Mexico is 103,957. The length of time it will take to clear up the current backlog for Mexico in this category is approximately 63 years (103,957 ÷ 1,638).

Therefore, if a lawful permanent resident from Mexico becomes a U.S. citizen and then petitions for her/his unmarried son or daughter, they can expect the petition to become current 2078.

There is no viable way for many people from Mexico to immigrate legally to the U.S. in this lifetime. The legal system does not work for them. It is a sham. And while it is true that many people do come here to find work, many stay because of their family relations. A son or daughter, should not have to wait a lifetime to see her or his own parent.

What would you do if you faced a life-time away from your family?

Transitions

Sather Gate

This summer I received a wonderful and surprising opportunity to move back to the East Bay, California. And unsurprisingly, I took it.

I will be working at the University of California, Berkeley Law School’s community clinic, the East Bay Community Law Center as an attorney and clinical instructor, where I will head up the historic and unprecedented Undocumented Student Program. At the clinic, I will provide free legal services to hundreds of undocumented students at UC Berkeley, their family members and the East Bay community at large. I will also supervise students at the clinic, through their experiential learning program.

I love the East Bay, and Berkeley is my favourite city in the United States. I can trace my political leanings back to UC Berkeley’s unprecedented BAUD program back in 2001 when I was in high school, so I am ecstatic to be back where it all began, helping members of my community.

Thank you to everyone, especially my wife and mom, who helped me get to this point in my life.