USCIS Issues Fliers About Executive Actions on Immigration

USCIS Issues Fliers About Executive Actions on Immigration Immigration services has just released the first official rules for the President’s new immigration programs. (en Español as well!) They are providing the first concrete rules of what the President proposed last November. Among the highlights: DACA applicants can now be any age, instead of being limited to those born after June 15, 1981. So if you’re 34 or older, you can now apply for DACA as well. Our first solid rules governing who can apply for DAPA (Deferred Action for Parents of American citizens and legal permanent residents), such as their children having to be born before November 20, 2014 and that the parents need to have continuously resided here in the states since January 1, 2010. An expansion of the Provisional Waiver for Unlawful Presence program to people related to lawful permanent residents (Previously, the program only applied to people related to US citizens). A promise to work on the work Visa system to clarify and provide guidance for businesses and applicants. It’s all very exciting news. I can’t wait to learn more about these programs as they start to come online. (Remember: the expanded DACA doesn’t open up for applicants until late- February and DAPA won’t open until late May). In the mean time, talk with a lawyer about what you can do to get ready to apply. Share...

Note Terms Prevail Over Deed of Trust

Terms of Promissory Note prevail over conflicting terms of Deed of Trust. U.S. Bank National Association, etc. v. Yashouafar et al. 141217-U.-S.-Bank-N-A-v-Yashouafar The terms of a promissory note conflicted with the terms of a deed of trust. The note stated that a prepayment fee was not due until the indebtedness was prepaid. The deed stated that the prepayment fee was due immediately upon acceleration of the note. The deed provided that the terms of the note controlled over those of the deed. The court held that under the clear and explicit terms of the note and deed of trust, as interpreted to give effect to the mutual intention of the parties (California Civil Code sections 1636, 1638, 1639 and 1644), no prepayment fee was due until the actual prepayment of the note’s indebtedness. The court found that the Bank should not have used the date of acceleration of the note in calculating the prepayment fee and that the fee was not due until the note’s indebtedness was prepaid. The terms of the note controlled over those of the deed of trust because the deed provided that they would. If this provision had not been included in the deed of trust, the court may have determined that the prepayment fee would have been due immediately upon acceleration of the note.   Share...

Guarantor Waiver of Defenses

Guarantor wavier of defenses does not apply to equitable defenses. California Bank & Trust v. Del Ponti et al.:141209-California-Bank-v-Del-Ponti Waiver of defenses is standard in guarantee forms used in bank financing. California Civil Code section 2856 allows a Guarantor to waive defenses in general language. The court, in a case of first impression, held that the statute does not allow waiver of unlawful contracts or any provision that is contrary to public policy. The statute should be read narrowly so defenses outside of the identified categories, including equitable defenses, are not waived by language purporting to waive all defenses. A party is not allowed to benefit from its own fraud or willful misconduct. In this case, the court found that the Bank had willfully breached the loan agreement thereby causing the borrower’s default. Therefore, it would be inequitable and against public policy to enforce the blanket waiver in the guarantee.   Share...

Employers, Employees and DAPA: What do you do?

Employers, Employees and DAPA: What do you do? Nicole Kersey presents and interesting dilemma for people who employ immigrants: What do you do with immigrant employees who might be saved by the President’s proposal but are discovered to be here illegally? If an employer discovers today that Bob presented fake documents when he was hired, and the employer confronts Bob, and Bob admits that his documents were fake and that he is not authorized to work, the employer must terminate Bob’s employment.  If Bob says he is not work-authorized today, but he is eligible for DAPA under the new executive order, the employer still must terminate Bob’s employment, even though – if the employer had waited a year to conduct the audit and confront Bob – Bob’s fate could have been much different. So the question becomes whether employers would be wise – or kind – to wait until the new batch of DACA/DAPA beneficiaries have obtained employment authorization prior to conducting a voluntary audit. If the employer waits a year or so, it can clean up its I-9s without the loss of as many valuable employees.  But if the employer waits a year or so and is, in the interim, inspected by ICE, the employer may face hefty fines and – in the most egregious situations – a prison sentence. Nici writes a very interesting article and you’ll enjoy reading the whole thing. She does present an interesting quagmire though. Immigrants and immigration advocates are in a sort of holding pattern: Potential applicants can’t sign up yet, and advocates like myself can only advise our clients on what...

What you can do now for the President’s Immigration Plan

What you can do now for the President’s Immigration Plan It’s true that you cannot sign up for any of the new proposals in the President’s immigration plan. For the central parts of the plan, the President is allowing USCIS 90 and 180 days after the announcement to set up the application process. For most applicants, this means they are waiting until either February of 2015 or May of 2015 to apply for the President’s plan. While it doesn’t seem like great situation to be in, for most people it is actually a blessing in disguise. This delay will give applicants time to collect the documents you need and help them be ready to apply for the program from day one.   (Worried about whether its safe to apply for the President’s plan? Don’t be! Click here to read my article on why you don’t need to worry about the future of the program.)   What many immigration advocates agree upon is that these programs will require supporting documents. What these amount to are physical documents that back up the requirements of the application process. Think of them like evidence: If you are asserting that you have lived in the United States since 2010, then you will need to prove that. And you prove that my submitting things like rental agreements, utility bills, and other tangible signs that you have lived in the United States as long as you say you have. The key to this whole process is that applicants will need to have supporting documents for many different parts of the application. For example, DACA applicants will...