¡Hablemos de Inmigración! – 08.27.2024

Juan Camilo:
Hello, hello everyone, thank you for joining us for another Instagram Live from Actualidad Radio. In just a few minutes, we will be connecting with attorney Martha Arias, who is an expert in immigration matters. If you are watching this on your feed, it is a replay of a program we do on Tuesdays around 5 p.m. on the Actualidad Radio account along with attorney Martha Arias‘.

We often discuss many topics on the station, such as local politics, national politics, immigration, economics, and many other things. We want to create a space to focus on immigration. So, if you have any questions or concerns specifically related to immigration, this is a great opportunity to address them. And that is why we already have attorney Martha Arias, an expert in immigration, with us.

Thank you for being with us. And as always, it’s a pleasure. Thank you for being with us on Actualidad Radio.

Martha Arias, Esq.:
Hello, Juan Camilo, a greeting to you and the entire audience here at Actualidad Radio, on this Instagram platform and mine, which, as everyone knows, is @martha_arias98, our Instagram platform. We invite those who are listening or watching us for the first time to press the follow button here on Instagram as well.

Juan Camilo:
That’s right. You can follow her, you can find her here. There’s the Actualidad Radio account and Martha Arias’ account. It’s @martha_arias98, Martha with an “H” in the middle. If you missed this episode, if you joined late, or if you have to leave early, don’t worry, follow her, because this program will be published there, and it will also be published in segments.

So it’s really interesting for those who have any concerns or questions about any immigration topic. If you are following your case and it’s delayed, if you don’t know whether to apply for asylum, or any of these topics.

But here I would like to start, attorney, with a topic that some listeners wrote to us about this morning, and when I told them that we were going to have you on, they said they would be very attentive to this live session. Some Republican states announced a lawsuit against President Joe Biden’s administration for the program that was supposed to go into effect a few days ago and would allow people who are married to an undocumented citizen to go through the regularization process without having to travel. What does that mean? Does it mean that this plan will no longer go into effect, or will it be delayed, or what exactly does it mean?

Martha Arias, Esq.:
Yes, Juan Camilo. Well, what it means is that the Parole in Place program for spouses of American citizens who have also been in the United States for more than 10 years is being challenged. Let’s start with your question. The lawsuit was filed last Friday in Texas. Many states, including Florida, Texas, Tennessee, Iowa, and North Carolina in the South, have filed this lawsuit. What they are seeking is to eliminate this program completely. They argue, among other reasons, that the federal government, President Biden, does not have the authority to grant the Parole in Place program to these individuals.

The reason they claim that there is no authority is because they believe the program should be provided or granted only in certain cases. The law speaks of a case-by-case basis, meaning each case should be analyzed on its own facts and granted accordingly. Additionally, parole requires that there be a public benefit and/or a humanitarian reason. They argue that because of the public benefit and humanitarian reason, it should not be implemented in a massive program like this one.

So, those are, in general terms, the main arguments of the plaintiffs. That was last Friday. Yesterday, August 26, the plaintiffs also filed a motion requesting that the program’s application be temporarily restricted. They also request the termination of the program, of course. This is what is known as a precautionary measure. The judge issued an order yesterday at 8 p.m. stopping the program administratively. I don’t know if you want me to explain what the administrative stay of the program means.

Juan Camilo:
Well, let’s, if you have any questions about this, the best recommendation is to consult an expert immigration attorney. We have talked in other live sessions we’ve done in the past about this Parole in Place and how there can be many doubts around it because it is a new topic, it’s a decision that we haven’t seen in this way before, and we had doubts about its implementation, about when it would go into effect, and what evidence needed to be presented.

So, if you have any questions about these topics, the best thing is to consult expert immigration attorneys. We do it with attorney Martha Arias, who is the best at helping us understand these issues. If you want to contact her, the phone number you see below in the first comment is the phone number for Martha Arias’ office, it’s (305) 671-0018 or you can always visit her website, which is AriasVilla.com.

Attorney, here I have a question from Mariette Sucar, who asks: “Hello, good afternoon. I have my permanent Green Card. I already renewed it in January, and in February they told me that they took my fingerprints. Eight months have passed, and I still haven’t received any proof.”

Martha Arias, Esq.:
Look, they won’t send you any other proof. When a person submits a residency renewal, which is the I-90 form, they send you an initial receipt, and then they send you an appointment for the fingerprints or an appointment telling you that they won’t take the fingerprints because they will reuse the ones they previously took from you. Those are the only two proofs, let’s call them that, that the person receives or the receipt, if we want to call it something else other than proof.

Now, the resident card, that is taking more than eight months. Currently, I’ve had cases that are delayed for up to 24 months, 28 months, even 36 months. Renewals of resident cards are extremely delayed today, very, very delayed. So the person has to be patient. The initial receipt or proof, as the person calls it, should state that your residency is extended for 24 months. It might say 24 months or 36, I don’t remember exactly. I think the most recent ones were arriving with extensions for 36 months. That receipt or proof is evidence that the person is still a resident of the United States and can show it to their employer or anyone else who requires proof of residency.

Juan Camilo:
Attorney, we should mention that the resident card is being delayed. How long are we talking about? Six months, a year?

Martha Arias, Esq.:
We’re talking about two to three years.

Juan Camilo:
And people can’t travel with an expired resident card, right?

Martha Arias, Esq.:
Yes, they can travel with the expired card and the receipt or proof of the I-90 that shows the person has already submitted the renewal request and it is pending. If the term that they extend in that receipt, which is usually 24 months, or possibly 36, expires, then if they are going to travel when those 24 months or 36 months listed in the receipt have expired, they must go to a local office and request an appointment for immigration to stamp their passport with proof of residency.

Juan Camilo:
Ok. Attorney, let’s talk a little about other topics, if they are not related to DACA. But first, if you have any questions related to immigration, take advantage and leave them in the comments section. We are speaking with attorney Martha Arias. She is an expert in immigration matters. You can follow her here on her account, which is @martha_arias98. Martha with an “H” in the middle. You can also follow her on her website, AriasVilla.com, and on her Facebook account, Arias Villa Law. There, they share a lot of interesting content on immigration matters. If you need a personalized session to better understand what is happening to you, the phone number below is (305) 671-0018.

Attorney, now let’s talk about a topic related to a judicial order concerning the approval of a Credit Union and a DACA lawsuit. What is that about? What happened?

Martha Arias, Esq.:
Ah, yes. Well, before that, I wanted to finish the idea we started, Juan Camilo, I don’t want it to be left unfinished. Remember, we were talking about this lawsuit against the Parole in Place to keep families together. What I wanted to finish saying is that the precautionary measure issued by the judge yesterday at 8 p.m., Miami time, or rather Texas time, is related to the administrative stay, meaning the administrative halt. What the judge ordered is that these Parole in Place petitions can be received, meaning immigration can continue to receive them, people can continue applying, but no decisions can be made. In other words, for now, immigration is not going to issue any decisions on these Parole in Place applications.

However, the Parole in Place petitions that were submitted last week and some of which were approved—I know some were approved—those will remain intact, they won’t be touched. So, that was the update I wanted to finish on that Parole in Place topic.

You were asking me about a DACA lawsuit, right? It turns out that a class action lawsuit was filed. A class action is a group lawsuit where the plaintiffs were a group of young people who had DACA and had had DACA for several years. They applied for a loan from these credit unions. You know that credit unions are credit banks that belong to unions, right? They filed the lawsuit because the loans they requested from these credit entities were not approved due to their immigration status because they were DACA recipients, even though they had work permits. In the first lawsuit that was filed, the parties reached a settlement, meaning the Credit Union or the bank reached a settlement with the plaintiffs, and that lawsuit ended. There’s a new lawsuit, and it looks like there might be another new settlement because the reason for the settlements is to avoid unnecessary litigation.

Juan Camilo:
Well, if you have any questions about these cases as well, remember, you can find more information below. Here Jorge is asking, “Hello, good afternoon, is the humanitarian parole still in effect?” Attorney, this probably refers to Venezuelans, Cubans, Haitians, Nicaraguans. Is the humanitarian parole still in effect?

Martha Arias, Esq.:
That’s correct. The humanitarian parole is not in effect, but the correct term that you mentioned refers to the parole for Venezuela, Haiti, Cuba, and Nicaragua, which is currently suspended. As we mentioned earlier, the government considered that there was fraud in the I-134A applications, which is the Affidavit of Support. So, they are investigating that now. The latest update from the Department of Homeland Security last week was that they are in the process of reactivating it soon. They didn’t say when or what exactly is happening, but in short, it’s still suspended.

Juan Camilo:
Additionally, they are supposed to fix all the technological issues that caused it to be suspended in the first place. So, it was suspended because people were cheating, with a few individuals appearing as sponsors for many others, and they realized it too late. So, if they don’t resolve that. We are essentially on a countdown for another suspension.

Martha Arias, Esq.:
Exactly. What I see here is that these are technological issues that they will need to implement soon because it is known that today, with artificial intelligence and all this computer technology, they can establish systems where, when they see the same data from a person, the same Social Security number, the same tax information, it can create an alert. That’s what I think. And I don’t think it’s that easy. Well, I’m not an engineer, and I don’t know about that, but I believe it’s not easy to create a software or program that detects this.

I think the government, in this case, might have to do it to address this program.

Juan Camilo:
By contracting with any technology company, but really, yes, it’s a topic that needs to be addressed very soon.

Martha Arias, Esq.:
The problem with outsourcing to a company by the government, Juan Camilo, is that, remember, in this country, people sue for everything. And the problem of identity theft and data theft is a serious issue. So, the federal government, in these cases, is very careful when outsourcing to companies. Where is that company located? Where are the servers of that company? Remember, you can have a company in the United States for data management, but that company’s servers might be in India or China or worse, in a country like Venezuela with a president like the one it has; so where are those servers located, in which countries? Because look, the servers are what actually maintain and store that information.

The fact that the company is registered in Florida or California and has all its employees here for certain things doesn’t mean that data or information is here. And the government, in immigration cases, handles Social Security petitions, residencies, confidential data, so it’s not that easy to find a third party either.

Juan Camilo:
Here’s a message from Javier Marín, attorney: “Hello, greetings. Thanks to attorney Martha Arias, we won another case that had been difficult for many years. Thanks to her experience, it was resolved.” They send their regards to you, attorney.

If you have any immigration cases, any concerns, if there’s something that’s delayed or something you’ve had pending for many years and it’s not progressing, or you don’t understand a process, the phone number you see below, (305) 671-0018, is the phone number for attorney Martha Arias. Call her, make an appointment, and resolve all those concerns. And also share this live session because it will be published on the Actualidad Radio account and on Martha Arias’ account, which you should also follow. It’s @martha_arias98, Martha with an “H” in the middle, and there you can find not only this live session but much more information.

Attorney, what can you tell us about the list of crimes that disqualify someone for Parole in Place? What is Parole in Place?

Martha Arias, Esq.:
Well, it’s what we were talking about, Parole in Place, which is the program established by President Biden that has been challenged and is currently in a stay, meaning it’s suspended. It includes certain crimes that make a person ineligible.

What are they? If a person has committed, I’m going to read them because I don’t memorize everything, crimes such as torture, murder, sexual assault or abuse, offenses related to weapons, explosive or destructive materials, people involved in crimes like slavery, forcing or coercing others into involuntary labor, human trafficking, aggravated assaults, offenses related to child pornography, sexual abuse and exploitation of children, domestic violence, stalking, which is like harassment, child abuse, child neglect, child abandonment, and controlled substances, unless it’s possession of marijuana less than 30 grams.

Here’s a parenthesis, Juan Camilo, sometimes people say, oh no, but those crimes are terrible, who would commit those crimes? Don’t be so sure, look, I don’t know if you, well, yes, because you’re in the news every day, Juan Camilo, well informed, actually, you’re the one informing us about the news. But remember the case a short time ago of people who had managed to enter the United States and left a child in the car in this Florida heat? You know perfectly well that, if you leave a child in the car with the windows closed, they can die because the temperatures are very high.

Or child neglect, which might be even more serious than child abandonment. Child neglect, and if they are convicted of that, they can be found inadmissible for Parole in Place like this.

So it’s not difficult for a person to fall into one of these crimes, be convicted of one of these crimes, because there are people who sometimes don’t exercise common sense, I’d say; and don’t consider that actions have consequences. Even if they think, oh no, let’s leave the child here in the car, we’ll quickly run into the store. They get distracted in the store, see some beautiful things, and forget about the child in the car. It’s 120 degrees outside, the child dies, or they have to take them to the hospital. That’s child neglect. They can face a legal process.

Aggravated assault, for example. Assault can be any attempt, it’s not the assault we know in our countries. “Assault” in this country, which would translate to “asalto” in Spanish, but it’s not really the assault we consider, it’s when a person tries to or threatens another with hitting them. There are assaults or threats that can be made with a weapon, with a machete. It can be as simple as two people working in the field, with machetes in hand because they work with machetes, they start arguing over something, and one raises the machete, the other feels attacked; that can be considered aggravated assault because the person has a machete in hand, which makes it aggravated.

Another thing we saw a long time ago in the news, unfortunately, was tragic. A man and a pregnant woman got involved in a verbal dispute that escalated, and the voices and insults increased to the point where the man approached the woman, the woman fell, and she almost lost her baby. Anything involving a pregnant woman can be considered aggravated due to the woman’s condition. So again, it can happen to anyone who loses control and is with a pregnant woman, even if she doesn’t look pregnant or just seems overweight. It can happen.

Finally, I’ll give you another example that can happen with elderly people, seniors. When a person is over 60, I think 65 or 70 years old, here in Florida, if they are over 70 years old and you attack that person or that person feels aggravated, feels harassed, it can also be considered aggravated, at least here in Florida. In other states, it might be the same, I don’t know, people would have to consult their state’s law because criminal law is state-based, not federal.

So something as simple as a person being involved in a dispute again and it escalating and involving someone over 70 years old, they can be accused of aggravated assault. Notice that it’s not necessarily that a person is evil or a criminal. Any ordinary person, if they don’t control themselves and don’t know this, can fall into behaviors like this. And well, this is an example of a program that doesn’t qualify, but there are also others like residency, work permits, TPS, DACA, and other processes that fall under these same guidelines.

Juan Camilo:
Well, and if you have more questions about this, you already know, it’s best to follow attorney Martha Arias because the list is long. The list, as the attorney says, includes many crimes, and it’s best to consult with experts to guide us on these topics.

Before we say goodbye, attorney, I’d like to ask you about the update guide that USCIS published for nonimmigrant students. What can you tell us about this?

Martha Arias, Esq.:
Yes, there was an update to the immigration manual, which is the guide that explains how certain petitions are processed with USCIS.

The manual updates a few things that I find interesting. For example, students can now take one class, which is usually three credits, online or over the internet. Previously, all student classes had to be in-person. Now, they clarify that one class can be taken online.

Second, students who transfer from one school to another can transfer within the same educational level or move between levels. This is because some students start at a university, for example, studying for a bachelor’s degree, and instead of continuing with a master’s, they might decide to get an associate degree in something that interests them or get another bachelor’s degree. When people moved down in educational level, immigration sometimes questioned that, especially when they were on an F visa.

The manual also explains that the 60-day grace period that immigration gives when a person completes their course of study allows the person to move to other schools or another educational level within those 60 days; and obviously, it must be to a school, college, or educational institution that is certified by SEVIS, which is the organization that authorizes these types of cases. The manual also clarifies that OPT (Optional Practical Training) can be done when a person completes a bachelor’s degree, which is the four-year college degree, a master’s degree, or a doctoral program.

Juan Camilo:
So if you’re interested in these topics, it’s best to visit the USCIS website to read the updates directly.

Martha Arias, Esq.:
Exactly. It’s best to be guided by what the official manuals and updates say. It’s always advisable to consult official sources and review them periodically.

Juan Camilo:
Thank you so much, attorney. As always, it’s a pleasure to have you with us. We’ll see you again soon.

Martha Arias, Esq.:
Thank you, Juan Camilo. The same to you. Greetings to you, the entire Actualidad Radio team, and all the people who listened to us. We’ll see you next Tuesday at five. Today at seven in the evening, here in Miami, I have a program on the radio, on 1260 AM. It’s another radio station in Miami. If you want to listen, it’s broadcasted live, but we also retransmit it on Spotify. So if you want to listen to it later, you can search for my name, Martha Arias, or the name of the office, Arias Villa Law. You’ll also be able to listen to those audios from the radio program. Thank you, Juan Camilo.

Juan Camilo:
See you next time.