President Obama Expands Deferred Action Program

President Obama has announced changes to U.S. immigration policies that could affect as many as 5 million undocumented immigrants.  The President's Actions are temporary and are not law. Only Congress can make laws. The President's actions are based on his executive power and broaden policies that had already existed.

These measures include: 

1. Expansion of Deferred Action for Childhood Arrivals (DACA)

  • The DACA program was expanded to include persons who entered the U.S. before age 16 who:
    • Have had continuous residence in the United States since January 1, 2010;
    • Were physically present in the United States on November 20, 2014;
    • There is no longer an age restriction for DACA (you can be older than 31).
  • The period of DACA and work authorization will be extended to three years. This change applies to all first-time applications as well as applications for renewal effective November 24, 2014.
  • USCIS should begin accepting applications under this new criteria 90 days from November 20, 2014 (on or about February 19, 2015).
  • Filing fee is $465.00 per applicant and includes work authorization.

 

 2. Deferred Action for Parental Accountability Program (DAPA)

  • The DAPA program was created to provide deferred action to persons who:
    • Are undocumented parents of sons and daughters (not limited to minor children) who are U.S. citizens or lawful permanent residents of any age;
    • Have had continuous residence in the U.S. since January 1, 2010;
    • Were physically present in the United States on November 20, 2014;
    • Are not enforcement priorities pursuant to the November 20, 2014 policy revisions;
  • The period of DAPA and work authorization will be three years. Qualified applicants would also be able to obtain work authorization and obtain Social Security numbers.
  • USCIS should begin accepting applications under the new criteria no later than 180 days from November 20, 2014 (on or about May 19, 2015).
  • Filing fee is $465.00 per applicant and includes work authorization.

 

EVEN THOUGH IT’S NOT TIME TO APPLY YET, YOU MUST OBTAIN PROOF THAT YOU WERE PHYSICALLY PRESENT IN THE USA ON NOVEMBER 20, 2014.

IF YOU CANNOT FIND ANYTHING FOR THURSDAY, NOVEMBER 20, 2014- FIND SOMETHING JUST BEFORE OR GET SOMETHING NOW!  

THIS COULD BE ANY OF THE FOLLOWING ITEMS:

  • ATM withdrawal (Reflected on your bank statement)
  • Proof of a DOCTOR/LAWYER or other type of professional office visit
  • A receipt or ID card issued, Club Membership, Theme park receipt or  annual membership;
  • EPass/SunPass Records;
  • Payroll Records; ETC…(Any document that reflects your presence in the USA)

3. Expansion of Provisional Waivers of Unlawful Presence (I-601A)

  • The use of provisional waivers of unlawful presence will be expanded to include the spouses and sons and daughters of lawful permanent residents and the sons and daughters of U.S. citizens.
  • There will be clarification on the meaning of the "extreme hardship" standard that must be met to obtain a waiver.

 

4. Employment- based Programs

President Obama's Executive Action will also provide more opportunities for immigrants with advanced technical skills as well as clarification of benefits for entrepreneurs and inventors.

  • H-4 visa holders (spouses of H-1B visa holders) will be eligible for work authorization once the H-1b visa holder is in the application process for permanent residence.
  • Individuals with approved employment-based petitions who are facing lengthy adjustment delays will be able to pre-register for adjustment of status and obtain the benefits of a pending adjustment of status.

 

5. Enforcement Priorities

The President’s Actions, becoming effective on January 5, 2015, will change enforcement priorities and where resources should be directed according to the following categories:

  • Priority 1 = those who are a threat to national security, border security, and public safety.
  • Priority 2 = certain misdemeanors, visa and visa waiver program violators/abusers.
  • Priority 3 = immigration violators having been issued a final order of removal on or after January 1, 2014.

These priorities should determine where enforcement (deportation) efforts are concentrated.

Let us guide you through this process.

We care about our clients. Call the law office of Suzanne E. Vazquez for an individualized evaluation of your case. If appropriate, we will guide you through the process and assist in your application process for obtaining immigration benefits for which you are qualified. Call us at 407-674-6968 or fill out the online form located on this page and we will contact you shortly. You may also call us at 813-400-0055 to make an appointment at our Tampa location. We are here to help!

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The Information obtained at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own particular case.