Our team of experts are ready to help you.
UPDATE: A FEDERAL COURT HAS ISSUED A TEMPORARY INJUNCTION ON THE IMPLEMENTATION OF THE DEFERRED ACTION FOR PARENTAL ACCOUNTABILITY PROGRAM (DAPA) AND THE SECOND VERSION OF THE DEFERRED ACTION FOR CHILDHOOD ARRIVALS (DACA2). THIS DOES NOT MEAN IT HAS BEEN CANCELLED BUT JUST PLACED ON TEMPORARY HOLD.
WE ARE CLOSELY MONITORING THE PROGRESS OF THE LITIGATION AND ARE CONFIDENT THE PRESIDENT’S PROGRAM WILL EVENTUALLY CONTINUE. CONTACT OUR OFFICE FOR MORE INFORMATION.
President Obama delivered an early Christmas present to many families last night. He announced a massive change in enforcement policy that will allow his Administration to re-focus its resources, and allow a large amount of undocumented people to come out of the shadows. All new policies and guidelines are effective January 5, 2015.
The greatest impact is a new Deferred Action program that will benefit parents of United States Citizen or Lawful Permanent Resident Children. Those approved will receive work permits, social security numbers and will live free of the fear of deportation. To be eligible, candidates must not have a serious criminal history, must have entered the United States before January 1, 2010 and have been continuously physically present since then. Those that failed to leave under a removal order or returned after a removal order after January 1, 2014 are not eligible.
The President also expanded the current Deferred Action Program for Childhood Arrivals, known as DACA. The two changes made are: 1) Maximum Age Eliminated! – Whereas before you had to be 31 or under on June 15, 2012, NOW there is no age cap; and 2) Shortened Physical Presence- You have to have been continuously present in the U.S. since January 1, 2010, not the previous date of June 15, 2007.
While these two portions of the Obama Executive Action are to have the greatest impact, here are a few other items that are also considered significant:
- People in removal proceedings that have not been removed from the United States that fit the eligibility requirements will be able to seek prosecutorial discretion and seek a closure of their case;
- Individuals with approved employment-based immigrant petitions (I-140) caught in the quote backlogs will be able to pre-register for adjustment of status to obtain the benefits of a pending adjustment (this is expected to impact 410,000 people);
- H-4 visa holders (spouses of H1Bs) will be able to obtain work permits;
- Optional Practical Training (OPT) for STEM graduates time period will be expanded;
- Provisional Waivers are now open to include spouses and children of Lawful Permanent Residents (rather than just US Citizens)
- (My personal favorite) The Administration has provided a memorandum tonight that directs Customs and Border Protection to honor any Advance Parole Document issued by the U.S. Citizenship and Immigration Service. What does this mean? Despite other admissibility issues, CBP must let anyone with a valid Advance Parole document back into the country, and that provides a legal admission, which can lead to the possibility of people to adjust their status in the United States that may not have been able to before. Contact North County Immigration for a consultation as to how this may help you change your status in the U.S.!
Contact our office immediately and ask how the new Obama Executive Action can help you at (760) 233-0800.
