Cruz Law, PLLC

Dedicated representation, personal service and quality results

Update on Deferred Action for Child Arrivals

On June 15, 2012, President Obama announced a new immigration policy in which certain immigrants would be allowed Deferred Action which would allow them to stay in the United States and not face deportation.

Now known as the Deferred Action for Child Arrivals (DACA), the Department of Homeland Security (DHS) indicated it would provide guidance on August 1, 2012 as individuals could not file for this relief until DHS and/or USCIS came up with guidelines for filing.

It was clarified by DHS that DACA is not the DREAM Act.  It does not confer lawful immigration status or alter an individual’s existing immigration status.  The use of DACA does not provide a way to citizenship or permanent residency.

DHS stated that it believes it will begin to accept DACA applications on August 15, 2012.

While the set of guidelines have not come out, it is expected that proof of continuous stay in the United States will be needed.  It is likely that you should gather documents that evidence this which may include financial records, military records, school records and employment records.

It is difficult to know how long the processing of the DACA applications may take although an estimate has it between 6-12 months.

We will have more on this as information is disseminated about the application procedure.  If you are in need of an Immigration Lawyer please call or email.

What to look for when purchasing a home

The purchase of a residential property is a stressful process.  While you may have a real estate agent that helps you find real estate, there are legal issues that you have to think about when going through the process.

For instance:

Purchase price questions

  • What is the purchase price?
  • Does it include the value of any low-interest-rate mortgage being assumed?
  •  Has there been a recent FHA or private appraisal made?
  • Should purchaser make deal conditional on seller’s obtaining an appraisal in excess of the proposed purchase price?

Down Payment

  • How much is to be paid down including the earnest money deposit?
  • Will this cover seller’s selling expenses, including the broker’s commission, attorney fees?
  • Should purchaser or purchaser’s lender, require that outstanding encumbrances be paid from down payment proceeds?

Easements.   An easement is a certain right to use the property of another without possessing it.

  • Do any other persons use paths, roads or sewer lines,  or have any easements over the property  being purchased?
  • Is the purchaser satisfied that he has ingress to or egress from the property?
  • Are easements needed for access, utilities, view?

Earnest Money.  Earnest money is a monetary deposit toward the purchase of real  estate property.

  • How much earnest money is to be required?
  • Who will hold it pending final agreements on terms?

Closing costs

  • Who is to make payments for title insurance? Transfer taxes? Assessments outstanding?  Escrow charges?  Filing Fees?  Mortgage Assignment charges?  Attorneys’ fees?

All of these questions (and more) should be addressed prior to taking the keys to your home.  A real estate attorney can assist with the sale of your home by answering your legal questions.

USCIS reaches cap on H1-B Visas

USCIS announced that it has reached its cap of 65,000 for 2012 for H1-B visas.  June 11, 2012 was  the final receipt date for new H-1B specialty occupation petitions requesting an employment start date in FY 2013.

Last year, the H1-B visa cap was not reached until November of that year.

New Immigration Policy Grants Deferred Action to Certain Individuals

The Department of Homeland Security announced that a certain class of young illegal immigrants will no longer be facing deportation.  The new policy will allow this class of individuals work permits and they will no longer face the fear of removal proceedings.

The new policy pertains to those under the age of 30 who have been in the United States before the age of 16 and have lived in the United States for 5 years. In addition, the individuals must also have no criminal record and have a high school diploma or served in the military.

The new policy is being done under Executive Order by President Obama and is not new legislation.  It does not provide for citizenship or permanent legal status.  It does grant the individual the opportunity to apply for a two-year “deferred action” which may be renewed.  It removes the threat of deportation for up to two years.

Individuals that would receive this status would be eligible to apply for valid work authorization.

Although this rule is effect immediately, USCIS and ICE anticipate implementation of the application processes to be within sixty days. In the meantime, for more information on the new policy, see USCIS’s website (at www.uscis.gov), ICE’s website (at www.ice.gov), or DHS’s website (at www.dhs.gov). Beginning June 18, 2012, you can also call USCIS’ hotline at 1-800-375-5283 or ICE’s hotline at 1-888-351-4024 regarding the process.

Be Wary of Foreclosure Predators

The other day one of my clients in the midst of foreclosure received a call from someone claiming to be with “Trustee Services.”  They noted that her house was up for sale and told her that they could help her.  Knowing that she was already represented by an attorney, she grew skeptical and gave me a call immediately.

Following up on this call, it turns out that the “Trustee” was nothing more than a third party agency based out of New York.  They were a private company looking to capitalize on my client with a “guarantee” that it could stop the foreclosure process.  It wasn’t clear whether they were attorneys or not.  Luckily, my client was smart enough to avoid this trap.

The “Trustee” was able to find out that my client was in foreclosure as there are web sites which reveal when trustee sales take place.  Unfortunately, these sites are used by vultures wishing to prey on homeowners fighting to stay in their home.

Foreclosure is a stressful time and many homeowners fall prey to third parties that will talk of guarantees and acting in their best interest.  Yet, most of these companies are only seeking to make a quick buck leaving the homeowner with the same problems.

In Washington, the Foreclosure Fairness Program helps homeowners behind in their mortgage payments to have a fair shot at getting back to even.  Only an attorney or a qualified housing counselor can refer a homeowner to this and its mediation program.  The program is state run through the Washington State Department of Commerce.

If you are in the foreclosure process, you should consult with a housing counselor or an attorney familiar with the Foreclosure Fairness Program.