About KiKi Moley Immigration Law

Attorney and Counselor at Law Attorney KiKi M. Mosley graduated from Denison University in 2000 with a Bachelor’s degree in Sociology/Anthropology and Black Studies. After she completed her undergraduate studies at Denison University, Ms. Mosley worked for Orbitz.com on the Business Development team and then moved to Tanzania, East Africa where she taught at several schools over the course of three and a half years. Ms. Mosley’s interest in working in immigration law came from her own experiences in traversing the immigration system with members of her own family. Upon returning from Tanzania in 2007 Ms. Mosley entered law school. In 2010 Ms. Mosley graduated from Chicago-Kent College of Law with certificates in both International and Comparative Law and Public Interest Law. While at Chicago-Kent Ms. Mosley was a member of the Black Law Students Association (BLSA) and the Immigration Law Students Association (ILSA). She also worked in the Immigration Law Clinic while a second year student and clerked for an immigration law firm. Before starting her own immigration law practice Ms. Mosley worked as an associate attorney practicing immigration and nationality law. Ms. Mosley is licensed to practice law in both Illinois and Louisiana. Ms. Mosley is an active member of the American Immigration Lawyers Association (AILA) and served on the Fall Conference Committee in 2011. She is also a member of the Louisiana State Bar Association and the Chicago Bar Association. Ms. Mosley has experience in working on a variety of immigration matters including, but not limited to: asylum, removal, family-based immigration, employment-based immigration, and naturalization. Ms. Mosley devotes approximately 10% of her practice to pro bono and volunteer work.

Immigration law and policy is complex and there are frequent misunderstandings on both sides of the fence

Chicago immigration attorney, KiKi M. Mosley frequently hears misconceptions about immigration law and policy and she works diligently to inform the public about the real law and policy available to applicants for immigration relief.

Chicago immigration attorney, KiKi M. Mosley frequently hears misconceptions about immigration law and policy and she works diligently to inform the public about the real law and policy available to applicants for immigration relief.

Many people are misinformed and confused about U.S. immigration law and policy. Misunderstandings among large numbers of people may contribute to the recent increase of undocumented children, and families arriving on U.S. soil primarily from Guatemala, Honduras and El Salvador. Some of the people crossing the border are fleeing deadly conditions in their native countries and have little expectation other than survival once arriving in the U.S. Other people may incorrectly believe false propaganda about immigration law and policy in the U.S.  American Citizens watching the news may be just as confused as politicians play the blame game, pointing fingers at one another for failing to pass immigration reform and for allegedly encouraging the influx of recent children arriving on U.S. soil. Common misconceptions about the complex immigration system involve the policy of Prosecutorial Discretion; Deferred Action for Childhood Arrivals, Asylum, Withholding of Removal and Protection under the Convention Against Torture (“Asylum”), and a lesser-known option called Special Immigrant Juvenile Status.

Many people falsely believe the policy of “Prosecutorial Discretion” gives new arrivals a safe haven.

Prosecutorial Discretion is a policy, not a law, that the Department of Homeland Security (“DHS”) announced, which directs Immigrations and Customs Enforcement (“ICE”) to focus on arresting and detaining undocumented immigrants charged with serious crimes and who generally pose a security risk. The purpose of the policy is to encourage general law-abiding individuals to participate in a path to legal status and/or citizenship without fear of leaving the house because ICE might deport them. What is important to understand is that prosecutorial discretion is a policy, and ICE may still detain and deport any individual who is not in the U.S. legally. Prosecutorial discretion is not a policy designed to protect the recently arriving immigrants from Central America. To learn more, read our article, Prosecutorial Discretion in Immigration Enforcement.

Deferred Action for Childhood Arrivals (“DACA”) is not available to recently arriving immigrants.

The word on the street among people, who are somewhat familiar with immigration law and policy, is that the DACA policy will apply to children arriving on U.S. soil on any given day. This is not the law. DACA guidelines under the current law and policy as listed below, DO NOT APPLY to currently arriving undocumented immigrants. For more information about DACA, please read our article, USCIS announces DACA renewal process: First time applications are also accepted.

The guidelines for requesting DACA are as follows[i]:

  1. Were under the age of 31 as of June 15, 2012;
  2. Came to the United States before reaching your 16th birthday;
  3. Have continuously resided in the United States since June 15, 2007, up to the present time;
  4. Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
  5. Had no lawful status on June 15, 2012;
  6. Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
  7. Have not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

The Special Immigrant Juveniles (“SIJ”) Status is a limited program for children.

Foreign children in the U.S., who are victims of abuse and neglect, and worse, abandonment, may qualify for a green card. Critics of immigration policies often incorrectly assume that children apply for legal status and green cards solely for bringing the rest of the family to the U.S. Some people even suggest some applicants for relief lie about their life status or condition to get an approval for the benefit of their other family members. The SIJS program, however, excludes parents and siblings. This is another example of immigration relief that is limited in scope. If an individual obtains a green card through SIJS, they would only be able to petition for a green card for brothers and sisters if the SIJ participant becomes a U.S. citizen[ii].

Chicago immigration attorney, KiKi M. Mosley frequently hears misconceptions about immigration law and policy and she works diligently to inform the public about the real law and policy available to applicants for immigration relief.

Attorney KiKi M. Mosley is licensed to practice law by the State of Illinois and Louisiana. She is skilled and experienced in complex immigration law issues including DACA and related options for children arriving in the U.S. For more information about the law firm, please visit www.KiKisLaw.com, and do not forget to “Like” the firm on Facebook and “Follow” on Twitter. You can also review Attorney Mosley’s endorsements on her Avvo profile.

[i] USCIS website: Consideration of Deferred Action for Childhood Arrivals (DACA).

[ii] USCIS website: Special Immigrant Juveniles (SIJ) Status.

Major U.S. cities, counties and states refuse to cooperate with ICE and the number is growing

Not everyone is happy about Philadelphia’s actions thwarting the feds, particularly ICE officials.

Not everyone is happy about Philadelphia’s actions thwarting the feds, particularly ICE officials.

Refusing to cooperate with Immigration and Customs Enforcement (“ICE”) may be the step in the right direction to signal to Congress that we need to move forward and pass Comprehensive Immigration Reform (“CIR”). If ICE does not have the cooperation of local police to hold “immigration detainees,” Congress may have to wake up and fix the underlying problems with our terribly out of date and broken system. Residents of cities and states all over the U.S. are standing up and saying NO!

City officials in several cities like Philadelphia are telling ICE they will no longer cooperate.

In response to local pressure to respond to the increase in immigrant arrivals cities like Philadelphia, Newark, N.J., Cook County (Chicago, IL) and in California launched ICE non-cooperation policies. This spring, Philadelphia Mayor Michael Nutter signed an executive order[i] ending the city’s cooperation with ICE and ending the practice of municipalities holding suspected immigration offenders for periods of time while they await transfer to federal facilities. Nutter explained that their police officers could not adequately conduct investigations of crimes, protect, and serve its communities when undocumented residents are scared to talk to the police.

In response to Mayor Nutter’s order, Philadelphia Council member, Maria Quinones-Sanchez, strongly praised the announcement and stated, “This victory is so huge, not only for the city of Philadelphia, but for the rest of the country…and for those of you who do immigrant work and know the faces behind the stories, the people who suffered that we couldn’t save before.[ii]

Not everyone is happy about Philadelphia’s actions thwarting the feds, particularly ICE officials.

The lack of municipal locations to keep immigrants does not seem to bother ICE whose representatives say they will continue detaining undocumented immigrants. “The release of serious criminal offenders to the streets in a community, rather than to ICE custody, undermines ICE’s ability to protect public safety and impedes us from enforcing the nation’s immigration laws,[iii]” according to a spokesperson Nicole Navas.

The trend is spreading among cities, counties and states from coast to coast.

More municipal jurisdictions have adopted similar orders and ICE non-cooperation plans alongside their neighbors as the public servants listen to constituents who are fed up with revenue and resources being spent acting on the request and behalf of the federal government and the ICE who lack the facilities to house all the suspects of immigration violations.

The conversation continues in several communities of people demanding that Congress take responsibility for the problem and pass CIR which remains stuck in the House of Representatives with a pack of GOP objectors who are now lead by a tea party house majority leader after he beat Eric Cantor, one Republican who many thought would be able to help pass a reform deal.

Chicago immigration attorney, KiKi M. Mosley closely follows news and policy in immigration that affects everyone affected by our failed system.

Attorney KiKi M. Mosley is licensed to practice law by the State of Illinois and Louisiana. She is skilled and experienced in complex immigration law issues including DACA and related options for children arriving in the U.S. For more information about the law firm, please visit www.KiKisLaw.com, and do not forget to “Like” the firm on Facebook and “Follow” on Twitter. You can also review Attorney Mosley’s endorsements on her Avvo profile.

[i] Newsworks.org, Philly police will no longer hold immigrants on behalf of ICE, by Emma Jacobs, Apr. 16, 2014.

[ii] NPR, More Municipalities Deny Federal Requests, Won’t Detain Immigrants, by Emma Jacobs, Jul. 5, 2014.

[iii] See Jacobs NPR article FNii

Update on the immigration crisis and surge of unaccompanied children coming to the U.S.

House Republicans did not make any significant progress to pass immigration reform.

House Republicans did not make any significant progress to pass immigration reform.

Late this spring, President Obama asked Department of Homeland Security (“DHS”) Secretary, Jeh Johnson to hold off on a comprehensive report on how DHS manages deportations and what recommendations should be considered to cure the failures in the immigration system. The President delayed the report while House Republicans had the summer session of Congress to collect enough votes to pass comprehensive immigration reform.

Congress failed to vote to pass reform and the border problem is worse.

House Republicans did not make any significant progress to pass immigration reform. Some political news contributors report that immigration reform is not likely to pass in the House due to the election of a tea party candidate, Dave Brat, replacing Eric Cantor (R) as House Majority Leader. “Eric Cantor is saying we should bring more folks into the country, increase the labor supply – and by doing so, lower wage rates for the working person,” Brat stated[1].

Members of Congress are holding a House Homeland Committee “field committee” hearing in McAllen, Texas last week to discuss options and plans to address the surge of Latin American children crossing the border. Rick Perry (R) Texas Governor, who will testify at the hearing called on President Obama to secure the south Texas border. Recent news reports that Texas is a main point of entry for more than 50,000 children from Guatemala, Honduras and El Salvador who crossed the border in the Rio Grande Valley since October.[2]

The U.S. government response includes a request for funding to address the problems and an ad campaign to Spanish speaking viewers on both sides of the border.

President Obama is asking congress for more than $2 billion to better handle the surge of child immigrants arriving in the U.S. The money would be used to facilitate quicker deportations so the children can be reunited with families. Additionally, the requested funds would be used to enact tougher punishments for the human smugglers and to better screen and house the children being smuggled[3].

U.S. Customs and Border Protection is launching an advertising campaign warning that the trip to the U.S. is dangerous and when you arrive you will not be allowed to stay. Spanish language television ads targeting immigrants on both sides of the border. The ads state that “Those who risk such journeys could be easy prey for ‘coyotes’ and criminal organizations, be robbed or subjected to violence, sexual assault, sex trafficking or forced labor.[4]

Chicago immigration attorney, KiKi M. Mosley closely follows news and policy in immigration that affects the population of people fleeing violence and oppression in their home countries as they risk everything for a chance at a better life in the U.S.

Attorney KiKi M. Mosley is licensed to practice law by the State of Illinois and Louisiana. She is skilled and experienced in complex immigration law issues including DACA and related options for children arriving in the U.S. For more information about the law firm, please visit www.KiKisLaw.com, and do not forget to “Like” the firm on Facebook and “Follow” on Twitter. You can also review Attorney Mosley’s endorsements on her Avvo profile.

[1] NBC News, Eric Cantor a Casualty of Immigration Reform, by Mark Murray.

[2] USA Today, Child immigrant crisis prompts hearing at Texas border, by Rick Jervis, Jul. 3, 2014.

[3] The Wall Street Journal, Obama Seeks More Than $2 Billion in Border Control Funds, by Laura Meckler, Jun. 29, 2014.

[4] NBC News, Feds to Wage Ad Campaign to Stem Dangerous Treks to U.S. Border, by Suzanne Gamboa.

The immigration court backlog is ridiculous and we need comprehensive immigration reform now

“The current backlog of 360,000 + cases means an average wait of 573 days before a case is resolved. ”

“The current backlog of 360,000 + cases means an average wait of 573 days before a case is resolved. ”

Who is affected and irritated by a backlogged immigration court system? The answer is, everyone involved with the process. From judges and clerks to lawyers and their immigrant clients, the people who work in immigration and the public they serve, the demand for comprehensive immigration reform is strong. The number of immigrants and cases in the system continues increasing. In a recent article on backlogged courts, an immigration judge commented, “In my thirty-one years as a United States immigration judge, I have never had as many people come through my courtroom as I have over the last six years. During this time, there has been a dramatic increase in the number of non-citizens that the United States detains and deports, and the detained number of individuals appearing in immigration courts today is unprecedented.[i]

“The current backlog of 360,000 + cases means an average wait of 573 days before a case is resolved.[ii]

Meanwhile, the comprehensive immigration reform bill, S.744, which is held up in the House by GOP leaders who fail to take action, would significantly improve the situation if it becomes law. In a recent article focused on fixing the immigration court backlog, CIR would, “Increase the number of immigration judges and court personnel, as well s the number of staff attorneys at the Board of Immigration Appeals.[iii]” It is important to note that despite the average number of days it currently takes to process an immigration case is just under 600 days, in large cities like Chicago, with large immigrant populations, the process can take up to three years!

In 2011, when the immigration backlog was critical then, the Department of Homeland Security announced the Prosecutorial Discretion Policy (read more here) to focus on the detention and removal of serious criminals and threats to national security. Despite the Prosecutorial Discretion policy, immigrants are being arrested and are now in the lumbering immigration system.

The people coming into the immigration system, in many cases, are individuals who have lived in the U.S. for many years and are able members of our communities. One individual who became part of the system one day is Lundy Khoy, who when she was one year old, came to the U.S. with her family as refugees from genocide in Cambodia. At 19, in college, Lundy was arrested, charged and convicted for possessing the drug, Ecstasy. She served three months and was released for good behavior and put on probation. Towards the end of her probation, at a regularly scheduled meeting with her probation officer, Lundy was arrested and detained by Immigration and Customs Enforcement (“ICE”) officers who detained her in prison for almost 9 months.

Many would agree that Lundy Khoy is not a threat to public safety, but now she is part of the system.

People like Lundy Khoy are being arrested in detained by ICE in increased number, in part to policies arranged in the past few years allowing information sharing among law enforcement and ICE who learn of undocumented immigrants and arrest and detain them. As a result, people otherwise “off the radar” are now among those who recently entered the U.S. and were likely stopped at borders. The administration simply cannot keep up with the number of cases and people in the immigration court system.

The problem judges face is simply not being able to spend enough time with any individual person before them in court to make a proper determination whether they should be allowed to remain in the U.S. or be deported. Additionally, many of the immigrants appearing in court cannot afford and do not have lawyers, and there is no right to an appointed lawyer in immigration courts. The large surge in unaccompanied children coming into the U.S. from Central and Latin America do not have attorneys and are functionally clueless about our immigration system and laws.

If you want to learn more about immigration options and how to proceed through the complex and backlogged immigration system, please contact our law firm to request more information.

Attorney KiKi M. Mosley is licensed to practice law by the State of Illinois and Louisiana. She is skilled and experienced in complex immigration law issues including DACA and related options for children arriving in the U.S. For more information about the law firm, please visit www.KiKisLaw.com, and do not forget to “Like” the firm on Facebook and “Follow” on Twitter. You can also review Attorney Mosley’s endorsements on her Avvo profile.

[i] The Hill: Time to fix our immigration courts, by John Gossart Jr., Feb. 26, 2014

[ii] See Gossart article above at para. 7.

[iii] National Immigrant Justice Center: Rethink Immigration: It’s time to fix the immigration court backlog, by Ashley Huebner, Apr. 26, 2013.

Failed immigration reform and leaves immigrant children in great peril and DACA is not a final answer

Undocumented immigrant children face uncertain futures and DACA is not enough enough!

Undocumented immigrant children face uncertain futures and DACA is not enough enough!

Waiting for comprehensive immigration reform has been at the very least, frustrating. More concerning is the danger that young children may face when arriving in the U.S. by themselves, hoping to be allowed to stay in the U.S. and be reunited with relatives in the states. Meanwhile the political games in Congress have more and more Americans absolutely fed up with empty promises that immigration reform is a priority and relief is forthcoming. Children who are brought into the U.S. at young ages have no control over what may happen to them. Furthermore, Department of Homeland Security (“DHS”) is unable to manage the large number of child arrivals and the conditions in which undocumented children are being kept is a human rights atrocity.

Here is a general breakdown of the stalled progress of comprehensive immigration reform:

The Senate passed the Comprehensive Immigration Reform bill last July[i]. The bill failed in the House of Representatives and one of the main reasons was GOP concerns for southern border security. Meanwhile, President Obama was urged to take executive action and he ordered a DHS report with recommendations. Last month, the President told DHS Secretary Jeh Johnson to hold off with the findings so House Republicans could pass an immigration reform bill. Recently, House Majority Leader, Eric Cantor was voted out and replaced by a TEA party candidate many believe will not cooperate with existing reform efforts.

White House responded to concerns that immigration reform is now a dead issue: “Our strategy has not changed,” says White House communications director Jennifer Palmieri. “The impetus for action remains on the House.[ii]” While the world watches and waits for House action, young children are at risk.

Young children have no control over the fact they are “illegal.”

Children need many things including safety, shelter, food, clothing and a loving environment. For some, shelter and food are a daily struggle, and safety concerns make daily life extremely challenging for young children in parts of the world. Young children do not understand the idea of “illegal immigration.” In many cases, family members hear reports that the U.S. is a safe haven and if families make it through their treacherous journeys to U.S. soil, their children are allowed to stay. This is not the law and this is not true. Children arriving in the U.S. may, however, be allowed to postpone deportation through the Deferred Action for Childhood Arrivals (“DACA”) policy temporarily protecting qualifying children from removal to their native country. DACA only functions to delay deportation.

DACA does not provide actual legal status.

DACA is only a deferment and delay of deportation for the children who qualify for relief under the policy. People need to understand that this program DOES NOT PROVIDE LEGAL STATUS. Even though a child may be able to renew their DACA participant status does not mean they may continue to stay in the U.S. without proper immigration status[iii].

DACA does not go far enough to protect children.  

While young immigrants temporarily may be able to delay being deported, there is not enough protection for innocent children. Recently many children have arrived on U.S. soil alone and unaccompanied by a parent or family member who may not be eligible for DACA relief. Often, neither the children nor family members helping them come to the U.S. understand that DACA participation is contingent upon meeting eligibility criteria and that renewals are NOT AUTOMATICALLY GRANTED.

Attorney KiKi M. Mosley works to help innocent child immigrants avoid being victims of a failed system.

Until the currently out of date immigration system of laws and policies is reformed, we can expect a continuous influx of children who are victims of injustice in their native countries and in the U.S. If you or someone you know needs immigration help, they may contact the Law Offices of KiKi M. Mosley in Chicago, Illinois.

Attorney KiKi M. Mosley is licensed to practice law by the State of Illinois and Louisiana. She is skilled and experienced in complex immigration law issues including DACA and related options for children arriving in the U.S. For more information about the law firm, please visit www.KiKisLaw.com, and do not forget to “Like” the firm on Facebook and “Follow” on Twitter. You can also review Attorney Mosley’s endorsements on her Avvo profile.

[i] POLITICO: Immigration reform bill 2013: Senate passes legislation 68-32. By Min Kim Seng, June 27, 2013.

[ii] ABC News: Obama Waiting for House GOP to Act on Immigration. By Josh Lederman, June 13, 2014.

[iii] United States Immigration and Immigration Services. Consideration for Deferred Action for Childhood Arrivals.

A recent increase in immigrant children causes frustration on both sides of U.S. borders

There is an assumption among many Latino communities that children showing up alone at U.S. border will be allowed to go free.

There is an assumption among many Latino communities that children showing up alone at U.S. border will be allowed to go free.

Unaccompanied minors from Central America have been arriving at the United States/Mexico border in unprecedented numbers.   President Obama’s administration has taken measures to manage the influx of children who need shelter, sponsors, legal representation and administrative staff to document the incoming children fleeing gang violence in primarily in Guatemala, Honduras and El Salvador.

These children arriving in the U.S. need help, especially legal assistance, as explained in our blog article, Thousands of unaccompanied minor immigrant children need comprehensive immigration reform. If they appear at their court dates, many might not understand the process and can easily become removable to the countries from which they came despite their misunderstanding of the U.S. immigration system and its complex policies.

There is an assumption among many Latino communities that children showing up alone at U.S. border will be allowed to go free.

Violence in Central America is a common reason many families are sending their children north to seek shelter and a safer life in the U.S., often with relatives. The trip through dangerous territory is expensive and many do not make it safely to the other side. Many believe that the U.S. is lenient on children and foreign parents believe their children will be safer after crossing the border.

Lucy Cabrera was terrified during her son and daughter’s journey to the U.S. Cabrera borrowed money to pay guides in Guatemala and Mexico help get her kids safely on U.S. soil. Along the way, her children called from Honduras after gangs threatened them. Finally, they made it to their destination and called their mother from a U.S. detention facility in Arizona. “Thank God they are safe now. It all happened so fast,” said Cabrera[i].

This video that shows the reality of the situation: CNN Video – Border detention of children shames America.

Immigrants arriving in the U.S. to find overcrowding in detention centers. Many children are being dropped off at bus stations with a court date on their Notice to Appear in immigration court. If the immigrants have family in the U.S. they are released and sent on their way with pending court dates at which many will not appear as noted in a recent news report[ii]. The children who remain in detention centers face poor conditions. These border facilities lack “enough food, beds, or sanitary facilities to provide for the children,” CNN has reported.

KiKi M. Mosley is an immigration attorney who can help families with children coming to the U.S. who are given a “Notice to Appear” at immigration court. She helps them apply for relief allowed by immigration law and policy written to give undocumented immigrants options while comprehensive immigration reform is not yet passed in the U.S.

Attorney KiKi M. Mosley is licensed to practice law by the State of Illinois and Louisiana. She is skilled and experienced in complex immigration law issues including applications for temporary immigration relief and adjustments of immigration status. For more information about the law firm, please visit www.KiKisLaw.com, and do not forget to “Like” the firm on Facebook and “Follow” on Twitter. You can also review Attorney Mosley’s endorsements on her Avvo profile.

[i] Washington Post: Immigrant parents urge U.S. officials to help their children flee Central American violence. By Pamela Contable, Jun. 12, 2014.

[ii] CNN, Border detention of children shames America. By Ruben Navarrette, Jun. 12, 2014.

USCIS announces DACA renewal process: First time applications are also accepted

The USCIS press release on DACA renewals states additional guidelines  that participants must meet in addition to the initial criteria for DACA eligibility.

The USCIS press release on DACA renewals states additional guidelines that participants must meet in addition to the initial criteria for DACA eligibility.

On June 5, 2014, Department of Homeland Security (“DHS”) Secretary, Jeh Johnson announced the new process for participants in the Deferred Action for Childhood Arrivals (“DACA”) program. Of the initial DACA approvals issued to applicants will start expiring September 2014 so the news of the renewal process is good news for many who need to get moving with their renewal applications.

DACA[i] is a program created by President Obama’s administration in 2012 ordering Customs and Border Protection (“CPB”) and Immigration and Customs Enforcement (“ICE”) to use “prosecutorial discretion[ii]” and not detain for removal the approved DACA participants, namely immigrant children who came to the U.S. and still do not have legal status but seek to go to school or work in the U.S.

DHS Secretary Johnson commented on the policy basis for granting and renewing DACA.

The initial grant of a DACA request is for two years and people who meet the initial DACA eligibility guidelines may also apply for a first-time DACA approval as stated in Secretary Johnson’s news release. Additionally, he states, “Despite the acrimony and partisanship that now exists in Washington, almost all of us agree that a child who crossed our boarder illegally with a parent, or in search of a parent or a better life, was not making an adult choice to break our laws, and should be treated differently than adult law-breakers.[iii]

The DACA approved participants Secretary Johnson referenced may request a renewal at least 120 days (4 months) before the expiration of the initially approved DACA period of time, as indicated on DACA approval documents.

The USCIS press release on DACA renewals states additional guidelines[iv] that participants must meet in addition to the initial criteria for DACA eligibility:

  • Did not depart the United States on or after August 15, 2012, without advance parole;
  • Have continuously resided in the United States since they submitted their most recent DACA request that was approved; and
  • Have not been convicted of a felony, a significant misdemeanor or three or more misdemeanors, and do not otherwise pose a threat to national security or public safety.

If you or someone you know is eligible to apply for DACA for their first time or they are eligible to renew their status, attorney KiKi M. Mosley can help them review their eligibility and submit the proper form for Consideration of Deferred Action for Childhood Arrivals and an Application for Employment Authorization to work in the U.S. It is important to take care to submit timely and properly completed application materials with the proper forms and fees to USCIS through a licensed immigration attorney to prevent rejection of an application for DACA or renewal.

Attorney KiKi M. Mosley is licensed to practice law by the State of Illinois and Louisiana. She is skilled and experienced in complex immigration law. For more information about the law firm, please visit www.KiKisLaw.com, and do not forget to “Like” the firm on Facebook and “Follow” on Twitter. You can also review Attorney Mosley’s endorsements on her Avvo profile.

[i] KiKi M. Mosley Immigration Blog: Deferred Action for Childhood Arrivals and the American Dream: US fund to help DACA Recipients. Feb. 14, 2014.

[ii] KiKi M. Mosley Immigration Blog: Prosecutorial Discretion in Immigration Enforcement. Jan. 24, 2014.

[iii] See USCIS Press Release FN IV below.

[iv] USCIS Press Release: Secretary Johnson Announces Process for DACA Renewal. Release date: Jun. 5, 2014.

President Obama delays deportation review so House Republicans can seek votes to pass a reform bill

Right now, many say there is bipartisan support and we are in a window of time for action if House Republican leaders can get collect enough votes to pass a bill.

Right now, many say there is bipartisan support and we are in a window of time for action if House Republican leaders can get collect enough votes to pass a bill.

President Obama recently asked Department of Homeland Security (“DHS”) Secretary, Jeh Johnson to hold off on producing his DHS report on deportation and policy options. This March, President Obama, under pressure to take executive action to ease deportations, ordered a formal review of how we deport immigrants. DHS was scheduled to report to the president by early June. Meanwhile, in Washington, there is a window of opportunity to pass an immigration reform bill during the summer months and before the general elections coming up this fall. It is suggested that if President Obama took executive action on the report from DHS and eased up on deportations then House Republicans may take a critical position and not vote for reform. Right now, many say there is bipartisan support and we are in a window of time for action if House Republican leaders can get collect enough votes to pass a bill.

The Secure Communities policy is on the list for review.

The formal review by Secretary Johnson would include recommendations on how DHS could, as a matter of policy, limit deportations to violent criminals and give relief to non-offending immigrants. One of the current policies to be reviewed is the controversial “Secure Communities” concept that positions repeat immigration law offenders alongside violent criminals for purposes of deportation. Immigration and Customs Enforcement (“ICE”) works directly with the Federal Bureau of Investigation (“FBI”) and the Secure Communities policy provides DHS fingerprints automatically sent from the FBI to check for criminal records in immigration databases. If an individual is arrested for a criminal violation, a DHS officer may get involved to make an immigration enforcement decision. Secretary Johnson told lawmakers this week that Secured Communities should stay but should be revamped with a fresh look[i].

If President Obama does not want House Republicans paying attention to his review of how we deport people, then why does it make sense for Secretary Johnson to promote his ideas for improving the Secure Communities policy? Some critics think the president is acting in response to pressure from labor unions and conservatives who want him to wait.

Immigration advocates are upset by President Obama’s suspension of the formal review.

Dream Action Coalition advocates, critical of President Obama’s direction to hold off on the report said, “We are appalled that after so much sacrifice and hard work from the undocumented community to pressure the President to use his power to stop deportations, some organizations… [would] rather protect the administration instead of millions of families separated by deportations.[ii]

When President Obama ordered the review of our deportation systems this spring, the goal was to find a way to use the most humane methods to enforce immigration laws and policies without breaking up families unnecessarily. Attorney KiKi M. Mosley represents immigration clients who desperately want comprehensive immigration reform and no longer want to fear law enforcement as they do in the current climate of Secure Communities.

Attorney KiKi M. Mosley is licensed to practice law by the State of Illinois and Louisiana. She is skilled and experienced in complex immigration law issues including hearings before immigration courts and applications and procedures to correct clients’ records when things do not go as planned. For more information about the law firm, please visit www.KiKisLaw.com, and do not forget to “Like” the firm on Facebook and “Follow” on Twitter. You can also review Attorney Mosley’s endorsements on her Avvo profile.

[i] Politico: DHS head says controversial program should stay. By Seung Min Kim, May 29, 2014.

[ii] La Times: Obama delays deportation review to give immigration bill a chance. By Christi Parsons and Kathleen Hennessey. May 28, 2014.

Immigration computer system is up and running as the system returns to 2014 after being stuck in the 80s after meltdown

The system was down for almost six weeks, leading many to question how a failure of this magnitude could happen.

The system was down for almost six weeks, leading many to question how a failure of this magnitude could happen.

In a recent press release[1], the American Immigration Lawyers Association (“AILA”) spoke out to let people know the Executive Office for Immigration Review (“EOIR”) while, fixing the recent immigration court computer failure, is still badly underfunded. The EOIR is the federal office established to adjudicate immigration cases by “fairly, expeditiously, and uniformly interpreting and administering the Nation’s immigration laws.[2]” In this case, the EOIR was unable to do anything in a uniform manner with a failed computer system and lack of system failure preparedness.

When the system goes down the show comes to a halt and the calendars pile up.

A hardware failure caused most application of the EOIR computer system to shut down at the stroke of midnight April 12.  The system was down for almost six weeks, leading many to question how a failure of this magnitude could happen.  Data recovery specialists and teams worked to recover and restore data and applications according to news published on its website on May 19, 2014[3]. In restoring the system, IT teams worked to create new elements of information redundancy and monitoring to guard against future system issues.

Because of the computer failure, many immigrants in the court system have further rescheduled court dates in a backlogged system. AILA President Doug Stump stated, “We cheered the announcement this week that some initial fixes have been made. But the reality is that the breakdown delayed cases and created unnecessary bottlenecks.[4]

There are thousands of immigrant court respondents affected by the system failure.

The New York Post reported on the “computer meltdown” and noted how immigration courts had to use pen, paper and cassette tapes to manage cases manually without the computer system. Unable to access information on cases, some courts had to make decisions without full knowledge of particular cases before them.

Others did not get a pass or benefit of the doubt when the computers crashed. One immigration lawyer said it was like going back to the 80s. Lawyers were delayed and rescheduled, along with their clients when the system backlog prevented many from knowing if their case would actually be called when scheduled and if called, would anything be able to take place. This causes a huge problem for immigrant respondents with time sensitive matters and deadlines. A toll free phone number with case information has been playing the following message, “Due to system issues, the information on this has not been updated since midnight on April 12, 2014.[5]

What do you do if your case was delayed?

If your immigration court proceeding was affected and you either were not able to appear before the immigration court as scheduled or if nothing happened due to an inability to make an official record of proceedings you may need to take action with an attorney to file the necessary paperwork to assure you will receive a fair immigration hearing and due process allowed by law. Chicago immigration attorney, KiKi M. Mosley has been tracking this serious situation in and out of court and can help you if you have been affected by the immigration court system meltdown.

Attorney KiKi M. Mosley is licensed to practice law by the State of Illinois and Louisiana. She is skilled and experienced in complex immigration law issues including hearings before immigration courts and applications and procedures to correct clients’ records when things do not go as planned. For more information about the law firm, please visit www.KiKisLaw.com, and do not forget to “Like” the firm on Facebook and “Follow” on Twitter. You can also review Attorney Mosley’s endorsements on her Avvo profile.

[1] AILA: Immigration Court Computer Failure Emphasizes Need for Increased Funding. Released May 21, 2014.

[2] The U.S. Department of Justice website for the Executive Office for Immigration Review: EOIR Home.

[3] The U.S. Department of Justice Executive Office for Immigration Review, EOIR News of System Update, Monday, May 19, 2014.

[4] See AILA article above.

[5] Politico Blogs, Immigration court tech crash drags on. By Josh Gerstein, May 14, 2012.

About expedited removal and the increase in its use in the U.S.

An immigration attorney can review your specific circumstances and advise you if there is anything they can do to help to prevent being subject to expedited removal, especially if you are charged with a Felony offense. Attorney KiKi M. Mosley is experienced in the complex immigration legal system and can help undocumented immigrants with removal problems.

An immigration attorney can review your specific circumstances and advise you if there is anything they can do to help to prevent being subject to expedited removal, especially if you are charged with a Felony offense. Attorney KiKi M. Mosley is experienced in the complex immigration legal system and can help undocumented immigrants with removal problems.

Imagine receiving a knock at the door one day and being served with a Notice to Appear[1] at an immigration court to answer allegations that you may not be lawfully present and may be removed from the United States, even after living in your current residence for many years. The Notice to Appear will contain a list of allegations against you, the respondent, who must appear before an immigration judge to answer or plead for an alternative lawful status to remain in the U.S., such as asylum or if you have a reason to seek cancellation of your removal. You are going to want to hire an immigration lawyer to represent you because the court does not appoint attorneys to represent you. The Notice will not mention, however, that you are one of the lucky ones, and fewer than a quarter of undocumented immigrants never get to see a judge and are virtually whisked away through what is called expedited removal. Expedited removal is an immigration enforcement option created to be used at the U.S. borders and ports of entry. In 1996 the Immigration and Nationality Act (“INA”) was amended to include expedited removal[2]. Today, a non-citizen anywhere in the U.S. can be subject to expedited removal anywhere in the U.S., not only at a border or point of entry. Most often, expedited removal orders are triggered by charges of alleged fraud or misrepresentation regarding their immigration status. The U.S. Department of Justice publishes information about expedited removal. Not only do persons subject to expedited removal not get the opportunity to see a judge, the order of expedited removal is not appealable and there is no process for such. It is possible; however, that Customs and Border Patrol (“CPB”) officials may use their discretion to vacate an improperly issued order for removal, but this is not a common occurrence. If the person subject to expedited removal pleads  asserts that they fear return to their home country, the basis for an application for asylum, they may be allowed access to the immigration system to petition for lawful status to be lawfully present in the U.S. Expedited removal is a very bad outcome for anyone who wants to immigrate to the U.S. because there is a minimum five-year bar from re-entry to the U.S. In some cases, there can be a lifetime bar to entry. Although there it is possible to apply for permission to re-enter, this only occurs in rare cases and it is very important to hire a licensed immigration attorney to assist in such special situations. Many proponents of immigration reform argue that not being allowed to see a judge in an expedited removal case is unfair because the majority of removed persons do not know their rights and do not get the benefit of due process of law. A recent article critical of the expedited removal notes the increase in its use, “At least three-quarters of people deported in 2012 didn’t get a hearing from an immigration judge, according to statistics from the Department of Homeland Security (DHS).[3]” An immigration attorney can review your specific circumstances and advise you if there is anything they can do to help to prevent being subject to expedited removal, especially if you are charged with a Felony offense. Attorney KiKi M. Mosley is experienced in the complex immigration legal system and can help undocumented immigrants with removal problems. Attorney KiKi M. Mosley is licensed to practice law by the State of Illinois and Louisiana. She is skilled and experienced in complex immigration law issues. For more information about the law firm, please visit www.KiKisLaw.com, and do not forget to “Like” the firm on Facebook and “Follow” on Twitter. You can also review Attorney Mosley’s endorsements on her Avvo profile. [1] 8 C.F.R. §§ 1003.13, 1003.14. [2] 8 C.F.R. § 1228. [3]New Republic, Deported Without Seeing A Judge: One of the Worst Parts of the Immigration System, By Nora Caplan-Bricker.