Question: Has a new amnesty been granted?
Answer: No. This new law is nothing even close to a new amnesty.
Question: Is this a new law for people that are already in removal proceedings? Can proceedings be terminated?
Answer: Yes. On August 18, 2011, President Obama and the Department of Homeland Security (DHS) announced the establishment of a joint DHS/DOJ (Department of Homeland Security/Department of Justice). This new group’s mission will be to focus on the highest immigration enforcement priority: national security, public safety, border security, as well as the integrity of the United States’ immigration system. This group will be taking low priority cases out of the system, and will focus on cases that post a threat to public safety. If you are in removal proceedings, then this applies to you.
Question: How many cases will this group review?
Answer: There are about 300,000 cases that are currently pending before the immigration courts, the Board of Immigration Appeals, and the federal courts of appeals.
Question: What is a low priority case?
Answer: There are numerous factors that DHS will look at when deciding whether or not a case is low priority or not. Some of these factors include: veterans, long time permanent residents, the elderly, minors, people who have been residing in the Unites States since childhood, people with serious disabilities or health issues, women who are Nursing, women who are pregnant, victims of domestic violence or other serious crimes. However, please note that DHS will decide each cases individually, meaning a case-by case basis.
Question: What if DHS finds that my case is low priority? What will happen to my
case?
Answer: If DHS finds that your case is a low priority case, then your removal case will be “administratively closed”. This is different from your case being “terminated”. Administrative closure means that DHS will temporarily remove a case from the immigration court’s calendar. Thus, you will not have a hearing date coming up. You will still remain in removal proceedings, and either you or DHS can request that the case be placed back on the court’s calendar again at any time. Termination means that you would no longer be in removal proceedings.
Question: Will I have a work permit (work authorization permit) if my case has been administratively closed?
Answer: DHS has stated that if your case has been administratively closed, then you would be permitted to apply for a work permit with the Citizenship and Immigration Service (CIS). However, guidance has not been provided yet as to what factors CIS would look at in reaching a decision as to whether or not to grant a work permit. Please note that CIS is a different department and they are in control of issuing work permits.
Question: If I have a criminal conviction, does that mean that I shouldn’t even try to get my case administratively closed?
Answer: No, you should consider trying to get DHS to close your removal case (having said this, remember that this is a case-by-case basis, and I will be able to answer this question if I know of your individual case and the facts that pertain to you). Remember, DHS will review a case on a case-by-case basis. They will consider a
case based on the totality of the circumstances presented in each individual case.
Question: What do I need to do now?
Answer: You need to talk to your immigration attorney and discuss the possibility of filing evidence to DHS to try to get them to administratively close your case (again, each case is different, and I can better answer this question if I know the facts of your case).

Monica Ganjoo has been serving the Filipino community for over ten years. She practices solely immigration law, and has extensive experience in asylum and deportation/removal defense, BIA appeals, 9th Circuit appeals, work visas and PERM applications (previously known as labor certification), adjustment of status, family based visas, consular processing, change of status, citizenships, etc. For a complete list, please visit www.ganjoolaw.com. We offer various payment plans for your convenience and have very reasonable rates. For more information, call Attorney Monica Ganjoo for a consultation.

Monica Ganjoo currently offers a personal consultation for only $25 (telephone consultations also available for $50). If you retain our services, the consultation fee will be refunded back to you. The Staff of Ganjoo Law Offices speak a total of six different languages. For a consultation with Monica Ganjoo, call one of her offices below:

870 Market Street, Suite 340
San Francisco, CA 94102
(415) 495-3710

111 W. Saint John Street, Suite 513
San Jose, CA 95113
(408) 975-0500