Deferred Action for Childhood Arrivals

Deferred Action for Childhood Arrivals (DACA) is a program that was announced by President Obama on June 15, 2012. Under this program, certain people who may be eligible to apply for DACA in order to have their removal from the United States “deferred.” A grant of DACA is not a lawful immigration status; however, it is lawful permission to live and work in the United States for up to two (2) years at a time.

In order to be eligible for DACA, an individual must establish that he or she:

  • Is at least fifteen (15) years of age and was under thirty-one (31) when the program was announced;
  • Entered the United States while under the age of sixteen (16);
  • Have continuously resided in the United States from June 30, 2007 through present;
  • Were physically present in the United States on June 15, 2012;
  • Had no lawful status on June 15, 2012;
  • Are currently in school, have graduated from high school or obtained a GED, or are an honorably discharged veteran; and
  • Have not been convicted of a felony, significant misdemeanor, three or more misdemeanors, and do not otherwise pose a threat to public safety. Individuals who are granted DACA may also receive Employment Authorization if they can establish economic necessity. Individuals may apply to renew their DACA with USCIS. Renewals should be submitted between 150 to 120 days prior to the expiration of their current DACA.

I-9 Compliance and Verification

U.S. employers are required to document that all their employees have completed an I-9 Form within three (3) days of hire. The I-9 serves as evidence that the employee is authorized to work in the United States. Simply requiring employees to complete the I-9 is not sufficient to comply with I-9 regulations. Regulations require employer to verify information on the I-9 with proper documentation. Failure to verify the information or over documentation may result in sanctions against the employer. Spahn Law Firm, PLLC is available to consult with employers regarding their I-9 compliance policies to ensure compliance with governmental regulations. B-1/B- 2 Visas

A B-1/B- 2 visa is a nonimmigrant or temporary visa that allows an individual to visit the United States for a certain amount of time. A B-1 visa is for business visitors. While this visa does not allow an individual to be employed in the United States, business visitors may attend meetings, consult with business associates, attend conventions or conferences, participate in short-term trainings, or engage in negotiations on behalf of their foreign employer. B-2 visas are temporary visas for tourists. B-2 visas may be granted for individuals who are coming to the United States for vacation, to visit family or friends, receive temporary medical treatment, or other similar reasons. Individuals who wish to obtain a B-1 or B-2 visa must file an application for a nonimmigrant visa online and then attend an interview at a U.S. Consulate abroad. Applicants will be required to provide evidence of their connections to their home country and intent to return home after brief travel abroad, and that they are admissible to the United States. Representation before Immigration and Customs Enforcement or Customs and Border Protection

At times, individuals may be required to report to Immigrations and Customs Enforcement (ICE) or Customs and Border Protection (CBP). While the reasons why one may be required to report, or attend a meeting before these agencies may differ widely based on individual circumstances, individuals do have the right to be represented by an attorney. If you or someone you know is required to report to ICE or CBP, please contact Spahn Law Firm, PLLC for a consultation.

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