Until recently, most visitors to the United States used to be provided with an I-94 Arrival-Departure Record upon admission. The I-94 is a white card that is usually affixed to the passport and bears an entry date, class of admission, and date of stay expiration. In the last few years, the Department of Homeland Security has begun digitizing entry records. As a result, visitors are no longer furnished these little white cards, except under limited circumstances. Instead, Customs and Border Protection has automated the process so that most entries by land and sea are electronically recorded. Visitors will still get their passports stamped, but will no longer receive the white cards.
Starting next month (December 5, 2017), USCIS will begin implementing new policy guidance regarding extreme hardship waivers and how they should be adjudicated. The new instructions for officers, as laid out in the updated USCIS Policy Manual, is a tremendous resource for applicants looking to understand what they need to prove to have a successful hardship case. One section of the guidelines refer to "Particularly Significant Factors," that the government has determined "often weigh heavily in support of finding extreme hardship." It is important to note that the presence of one or more of these factors do not necessarily guarantee that a hardship waiver will be approved. In other words, they do not create a presumption of hardship. Nevertheless, if the applicant can demonstrate, through reliable evidence, that one or more of these factors pertain to the case, the officer should give strong consideration to them.
President-elect Donald Trump recently remarked during a "60 Minutes" interview aired this past Sunday that he plans on immediately deporting two to three million undocumented immigrants who have criminal records. Some have characterized this stance as a step back from the more shrill rhetoric of his campaign stumps, in which he previously declared that he would deport close to eleven million illegal aliens. If anything, President-elect Trump certainly has a flair for the provocative and a keen ability to stir up and galvanize the population on certain issues. How and whether he truly intends to carry out this plan, however, remains to be seen. Some posit that this position, like his other stances, is merely another "gambit" by a master negotiator stuck between appeasing the reactionary electorate who supported him and governing in an ecumenical manner. Regardless, the prospect of targeting and immediately removing this smaller tranche of the illegal population raises many concerns. Financially speaking, the costs of deporting these many people would exert an enormous strain on our economy. Some studies indicate that it costs the government a staggering $10,000 to deport one person. Secondly, aside from the costs, our court systems are already seriously overburdened and backlogged with cases scheduled far out in advance. According to the Associated Press back in July of 2016, the Executive Office of Immigration Review ("EOIR")-which is the arm that runs the immigration courts-indicated that there were more than 500,000 cases pending in the courts. How 2-3 million more court cases will be accelerated is beyond baffling.
Now that we know who the next President will be, the immigrant community's attention has turned largely to what will happen in President-elect Trump's first 100 days in office. There is a lot of widespread fear and apprehension, and understandably so, but whether one's worst fears will come to materialize has yet to be seen. From what he has already indicated, there are certain segments of the immigrant community that may be in imminent jeopardy. One prominent aspect of President-elect Trump's platform was to repeal or cancel all of President Obama's Executive Actions on immigration. As a result, "Dreamers"--in particular, those who applied for and have deferred action under the "DACA" program-may soon lose their protection and work authorization. Some wonder whether this means that renewals will not be entertained, or worse, that those who already have DACA protection will immediately lose it.
In New Jersey, reckless driving is punished under Title 39. It is not classified as a criminal offense, which is codified under Title 2C of the New Jersey Code. 39:4-96 reads, in part:
When the subject of the "30/60 day rule" is discussed, it is often brought up in the context of marriage based cases in which a foreign national marries or files for adjustment of status within 30 to 90 days after entering the US. The issue is whether the alien harbored a pre-conceived intent to marry prior to entering the country (normally on a B1/B2 visitor's visa). If the individual marries and files for permanent residency within 30 days of entry, most USCIS officers will follow this notorious Department of State rule and presume misrepresentation; if the marriage and/or adjustment occurs within 60 days of entry, officers will afford the alien to present evidence that he/she did not misrepresent his/her intentions at entry.