Federal judge denies Texas’ request to end the program.
A few days ago, we commented about the instability DACA has represented for The Dreamers: One day there’s news about judges like John D. Bates, demanding answers from the administration in relation to the unjustified and abrupt cancellation of the program (or else would order to rehabilitate the program’s capacity to accept new applications) and on the other hand we hear states like Texas requesting to cancel the program, claiming it is unconstitutional.
In the middle of this mess we find the young people who were brought to the country by their parents, and who see America as their home Even though DACA does not provide the Dreamers with an immigration adjustment to become citizens, it does give them a work permit, an opportunity to study and live a somewhat normal life…if you want to include the constant uncertainty of whether you will wake up here or in an unknown land as “normal” It is a complicated situation for the estimated 689,800 people under the program and a clear solution is not in the forecast anytime soon.
This week, however, the Dreamers are celebrating the decision of Federal Judge Andrew Hanen, of not granting the State of Texas’s request of canceling DACA as they claim the program is unconstitutional. Let’s keep in mind that Hanen had a history with DACA, as he cancelled DAPA (Deferred Action for Parents of Americans and Lawful Permanent Residents) therefore, this decision was somewhat a surprise for all the young people under the program.
This subject will continue to make headlines indefinitely, hence Sean Lewis’ constant recommendation to the Dreamers to seek another path to their immigration status as soon as possible. Visit AILA.org for a list of immigration attorneys in your area who may assist you in finding all the options you may have if you are under the Deferred Action for Childhood Arrivals (DACA)
Have you been a victim of domestic violence by a US citizen or residence? VAWA may grant you permanent residency.
VAWA stands for Violence Against Women Act, however it is not exclusive for women; if you are a man or male child who is suffering abuse from a family member, you may be a beneficiary.
In the United States of America, violence is unacceptable and it is every citizen’s (and resident’s) obligation to comply with the law. Before the constitution it is not allowed for any individual to abuse, in any way, of any of his/her family members and VAWA is focused in protecting those who are still not permanent residents but have been victims of violence from a relative who is a citizen or resident.
4 things you need to know about VAWA:
YOU DO NOT NEED AUTHORIZATION FROM THE ABUSER TO APPLY FOR VAWA If your resident or citizen spouse physically, verbally or mentally abuses you or your children -even if they are not his/her children- YOU MAY QUALIFY FOR VAWA If your resident or citizen children mistreat you, YOU MAY QUALIFY FOR VAWA If your resident or citizen parents are abusive against you, YOU MAY QUALIFY FOR VAWA *If you have divorced the abusive person, you have up to two years afrter divorce to apply for VAWA. *If the abusive spouse (or family member) died, you have up to two years after the death of that person to apply for VAWA.
There is a VAWA hotline you may call if you need further information Call 1-800-799-7233
At the law offices of the immigration lawyer in Memphis, Sean Lewis, we know VAWA may help you obtain permanent residency if you´ve been a victim of domestic violence by a citizen or resident and we´re here to provide you with information as well as help you apply for this benefit. Call us, (615)226-4236
What happens if ICE comes? Lately, it has been so crazy with constant news about changes in immigration topics, and raids all around the country. We are here to help and we have some tips in case ICE knocks at your door.
First, DO NOT OPEN THE DOOR. They might try to trick you into opening the door, but you have the right to stay quiet. Unless they have a warrant, they cannot enter your home. If they say that they have a warrant, still do not let them in. Ask them to slip the warrant under the door. Look for your full name, address, and for official signature from a court. If it is from the court, it is the law to let them in. If not, do not answer any questions. We understand it may be scary..
Here’s what you can say if they do not have an official warrant:
“I do not wish to speak with you.” Based on the 5th Amendment, you do not have to answer questions. “I do not give you permission to enter my house.” Based on the 4th Amendment, you do not have to let them in unless they have a court warrant.
How to plan if ICE comes:
Have a family plan. Think about, “What is going to happen to my kids? Who will take care of them if ICE comes?” Have a safe guardian to take care of them, if worst comes to worst. Most importantly, remember their number in case you are incarcerated. Make sure they know what the situation could come to and the possibility of them having to watch and care for them through disabilities, allergies, or medications. Ask and see if you are eligible for a bond. What is a bond? A bond is an agreement to get out of jail through paying money or fees. Know your A# if you are incarcerated, because this could help your family or lawyer find out whether you qualify for a bond. Ask yourself, “Where am I going to get the money? What do I do if I don’t have enough?” Can a family member help? If not, please plan ahead. Think about saving and keeping money aside in case. Who can I call if I don’t know what to do? If you get a bond, call Gonzales Bond at 1-800-628-8888! Or check out their page here. If you cannot get a bond, call us! 615-226-4236! Or make sure your lawyer is ensured by AILA.
Do not drive without drivers license! If driving without a license, it is the law to pull over when detained by an officer. It is not the same as when they come to your door, you do have to show identification. For this matter, consider visiting ann AILA.org certified attorney to let you know about your options to legalize your status!
Are the the Bean Station immigrant detainees “marching” towards deportation? Court bond hearings or motions to reopen prior removal orders is what would really make a difference.
Weeks have passed since the biggest raid in a decade took place at a meat packing plant in GRAINGER COUNTY, Tennessee. This situation stormed into the lives of hundreds, especially the families of undocumented immigrants. Many of those who are still arrested are now facing deportation and the sense of fear has overtaken the whole town; it has been reported that hundreds of kids did not attend school after the raid and teachers are concerned for the children’s well being as they try to comfort their classmates.
Expressions of support of those who feel that the community has been torn apart have quickly emerged, however, time is of the essence and, if efforts are not focused correctly, these families will be separated as deportation proceedings are on the works.
“MARCHES, BANNERS AND SIGNATURE COLLECTIONS ARE COMPLETELY INEFFICIENT”
From his office in Tennessee, immigration lawyer, Sean Lewis, can’t hide his discomfort as he scrolls thru his computer screen reading a note about organizations gathering signatures to “tell ICE” to release the detainees. “Marches, banners and signature collections are completely inefficient,” says Lewis, “what they need is court bond hearings or motions to reopen prior removal orders”.
Years ago public outcry might have gotten ICE to listen and exercise discretion to release people who violate the immigration laws. Those days are long gone, and no-one can just “tell” ICE who is a deportation priority, not to deport people. Nowadays nobody is listening except the judges in court.
It is the immigration lawyer’s opinion that if people really want to help —and not just stirrup emotions— What they should be doing is informing the families and detainees about the concrete legal actions they are to take so that they can avoid deportation and begin a process that may hopefully result in legalizing their status in the country.
ICE is not marching so that undocumented immigrants leave the country. They are acting, running raids and using the established means to see that happen. Should you wish to help the families of those facing immigration detention, visit https://www.aila.org/ for a list of immigration lawyers that may represent them.
THE US SUPREME COURT IS SET TO HEAR ARGUMENTS ON THE SAME-SEX MARRIAGE BANS ON APRIL 28, 2015
By Sean Lewis, Esq.
WASHINGTON-The Supreme Court has announced the date that it will hear oral argument on the blockbuster same-sex marriage case on April 28.
The cases originating from the Sixth Circuit (Tennessee, Ohio, Michigan and Kentucky) will be given 2.5 hours of argument. The dispute of whether same-sex couples have the constitutional right to marry, and whether all states will have to recognize such marriages will be once and for all settled. A ruling is expected sometime during the month of June.
It is widely-anticipated that the Court will rule in favor of marriage equality. Currently, same-sex couples enjoy the same rights under US Immigration Law as do opposite-sex couples. However, these couples do not enjoy similar rights under state laws. Many face obstacles regarding parental rights, decedent’s rights as well as employee benefits.
The couples represented in these lawsuits have suffered actual harm, including the couple from Nashville, Tennessee. The decision will represent a landmark ruling with nationwide application.
Sean Lewis is a US immigration attorney. His practice Music City Visa is based in Nashville, Tennessee and he may be contacted at 615-226-4236 or from within Mexico at 01  004-2258.
Free Course on U.S. Immigration Law (English & Spanish)
On January 26, 2015 at 6 PM, and again on February 12, 2015, the Metro Nashville Community Education Office is offering free educational seminars concerning immigration law. Many people have questions regarding Obama’s recent Executive Action announcement on November 20, 2014. This seminar will be taught by veteran Nashville immigration attorney, Sean Lewis in both English and Spanish. The topics include: Executive Deferred Action Status (DACA/DAPA), current paths to citizenship, deportation proceedings and relief, as well as the immigration consequences of criminal activity. This is an introduction to the terms, concepts and complexities of U.S. Immigration Law and how to avoid scams.
The first session will be held on January 26, 2015 at Wright Middle School Room 1 at 6 PM. Wright Middle School is located at 180 McCall Street, Nashville, TN 37211 (tel. 615.298.8050).
The second session repeats the first session and will be held on February 12, 2015 at The Cohn School, Room 1 at 6 PM. The Cohn School is located at 4805 Park Ave, Nashville, TN 37209 (tel. 615.298.8050).
Registration is no longer available.
Nashville Community Education offers classes ranging from foreign languages, cooking, self-defense to finance and business.
For more information contact: Kate Dundon at The Law Offices of Sean Lewis, PLLC at (615) 226-4236 (615-ABO-GADO).