If you are granted Deferred Action Status, you will not be removed from the U.S. and you can apply for a work permit. The work permit and Deferred Action Status are valid for two years. After two years, you can apply to renew both the Deferred Action Status and the work permit.

You can apply for Deferred Action Status if you:

1. Were under 31 years of age as of June 15, 2012;
2. Came to the United States before age 16;
3. Entered the U.S. without inspection before June 15, 2012, or had your lawful immigration status expire since then;
4. Continuously resided in the U.S. since June 15, 2007, up to the present time;
5. Were physically in the U.S. on June 15, 2012, and are in the U.S. when you apply for deferred action;
6. Are currently in school, or graduated from high school, earned a GED certificate, or are an honorably discharged veteran;
7. Do not have a felony conviction, a serious misdemeanor conviction, three or more other misdemeanor convictions, and/or are not seen as a threat to national security or public safety.

Do not leave the country if you wish to apply for Deferred Action Status; this makes you ineligible for Deferred Action. If you left the country after August 15, 2012, you will be denied Deferred Action Status.

You can apply for Deferred Action even if you have a final order of removal.

Each situation is unique, so be sure to contact our American Fork or Salt Lake City offices to schedule a consultation today!

You do not need a Social Security card to file bankruptcy, but must have an ITIN (Individual Taxpayer Identification Number). This is the number you get when you pay your taxes to the US Government.

When you file bankruptcy, you must go to a meeting of creditors. At this meeting, you must bring a document that shows your ITIN or Social Security Number, like your ITIN card or Social Security card, or a pay stub.

At the meeting of creditors, you must also bring a photo ID. This ID can be a driver’s license or a driving privilege card.

The bankruptcy Trustee, who represents the Court, should not ask your legal status at the meeting of creditors. You are a debtor like any other person, and after the meeting of creditors, your bankruptcy case will generally close within two months.

All individuals, even citizens, must bring other documents to the meeting of creditors. Please consult with an attorney before filing for bankruptcy so you can have all the documents you need.

Under the provisions of H.B. 116, an undocumented immigrant may apply for a Guest Worker Permit. The individual seeking the permit must initially pass a criminal background check. If that person entered the country legally, but subsequently did not comply with immigration laws, he or she must pay a $1000.00 fine to Utah. If that person entered the country illegally, the fine shall be $2500.00. Additionally, proof of health insurance must be provided.

In the two-year time period the permit is in effect, the immigrant/applicant must also obtain English language proficiency (at a high school level) and maintain employment. At the conclusion of the two-year period, the immigrant/applicant may either apply for permanent residency or apply for a renewal of the Guest Worker Permit.

There is one major issue. Utah, as a state, cannot address immigration law without the approval of the federal government. The current administration must waive some or all of its sovereignty on immigration issues, as defined in the Supremacy Clause of the United States Constitution, for H.B. 116 to take effect.

This is why the H.B. 116 guidelines are not scheduled to be implemented until 2013 at the earliest. Please contact an experienced Salt Lake City immigration attorney to best understand your rights and responsibilities.

There has been much discussion in the news recently with respect to state laws as they pertain to immigration. For instance, a knowledgeable Salt Lake City DUI attorney can tell you that the laws in Utah now require the police to confirm the immigration status of people who are arrested for felonies and class A misdemeanors, as well as those who are booked and jailed on class B or class C misdemeanors, which may include certain instances of DUI.

You should also note that, in many cases, once you go through a state court proceeding to defend yourself in a criminal matter, and you are either convicted, acquitted or your case is dismissed, you will likely then be placed in the custody of Immigration and Customs Enforcement (ICE). Once in ICE’s custody, there’s a variety of things that could take place. For example, depending on the seriousness of the crime, you could be tried by an immigration court and involuntarily deported; you could be voluntarily deported; or, you could be allowed to stay in the United States. If you have been convicted of a DUI or a related crime, and you need a Salt Lake City DUI attorney who is well-informed in immigration law as well, please call James Lee for a free consultation.

Regardless of whether you have legal status in theUSor not, it is recommended that you hire aUtahcriminal defense attorney who is also familiar with immigration law. If, as a result of your arrest, you have been held in jail, it is highly probable that you will have to go in front of an immigration judge shortly thereafter.

So many undocumented immigrants think that once they have been arrested, they will automatically be deported; however, this is simply not true, especially when dealing with a misdemeanor, such as a DUI. That is why if you have been arrested for a crime, such as a DUI, it is important that you have a knowledgeableSalt Lake Citycriminal attorney who knows immigration law as well.

The main thing that you should remember once you’ve been arrested is that you are not required to speak to the police. Even though you are not aUScitizen, the Constitution still protects you from self-incrimination. All you need to do is advise the police that you will not answer any questions until you have an attorney present. If you need a Salt Lake City criminal attorney who is experienced in immigration law as well, please call James Lee for a free consultation.

The primary concern is how and in what manner your fiancée entered the U.S. If the person initially entered the country lawfully, and is married to a U.S. citizen, there is a much easier path to become a legal permanent resident. Those who entered unlawfully face far greater difficulties.

For those who entered legally, the U.S. citizen spouse may file a petition on behalf of the illegal alien spouse for an adjustment of status. If granted, the alien spouse becomes a legal permanent resident. The most significant benefit of having entered lawfully is that the alien spouse is not subject to removal from the country while the petition is under review. The process is conducted within the United States.

For those who entered unlawfully, it may be necessary to return to his or her country of origin and initiate the petition process from there. How long the alien was in the U.S. after the illegal entry may be a factor in the length of the waiting period before he or she may return. This wait time may be as long as ten years. However, an experienced Salt Lake City immigration attorney may be able to successfully argue some extreme hardship existed as a factor in the illegal entry.

The changes in the laws reflect a document known as the “Utah Compact.” Essentially, this calls for an immigration policy that is compassionate, acknowledges that immigration laws have profound impact upon families, and says that police resources should be primarily focused on deterring criminal activity, not enforcing immigration laws. This compact has broad support from the Utah business community, the Salt Lake City Chamber of Commerce, and the Mormon Church.

The most controversial provision of the law is that which allows illegal immigrants a pathway to legal residency. As the law is written, Utah may issue a Guest Worker Permit to an undocumented individual either currently living or working in the state. A background check would be initially required, and other conditions must be met by the individual. After two years, the immigrant may then apply for legal residency, or a renewal of the permit.

However, the state of Utah cannot unilaterally pass legislation that affects immigration; immigration is a federal issue under the Supremacy Clause of the United States Constitution. Only if the federal government should agree to a waiver of some of its sole authority over immigration would this law take effect.

With that understanding, the law’s implementation has been delayed until at least 2013. Immigration issues are complex and best understood through a consultation with an experienced Salt Lake City immigration attorney. Call today for a free case evaluation.