President Obama’s Executive Action

On November 20, 2014, President Obama announced sweeping measures meant to temporarily address the immigration status of millions of undocumented immigrants physically present in the United States.  Details will emerge in the coming weeks. But the key elements of the programs are:

  • Expanding the population eligible for the Deferred Action for Childhood Arrivals (DACA) program to young people who came to this country before turning 16 years old and have been present since January 1, 2010, and extending the period of DACA and work authorization from two years to three years
  • Allowing parents of U.S. citizens and lawful permanent residents who have been in the country since January 1, 2010, to request deferred action and employment authorization for three years, in a new Deferred Action for Parental Accountability program, provided they pass required background checks
  • Expanding the use of provisional waivers of unlawful presence to include the spouses and sons and daughters of lawful permanent residents and the sons and daughters of U.S. citizens.
  • Clarifying and updating the Prosecutorial Discretion policy to emphasize that felons and those considered as national security risks will be the focus of deportation resources.
  • Revising parole rules. Department of Homeland Security (DHS) will also issue guidance to clarify that when anyone is given “advance parole” to leave the country – including those who obtain deferred action – they will not be considered to have departed.  This will make it easier and less risky for people to travel overseas while they are under any of the deferral programs.

When Will The CIS Start Accepting Applications

The earliest individuals can start applying for any of this program is 90 days the date of this announcement–February 2015. For parents of U.S citizens or Permanent residents, they can start applying 180 days from the date of this announcement–May2015. This should allow the USCIS to finalize the forms and procedures for adjudicating the petitions.

What Should I do now

Individuals should consult knowledgeable immigrations attorneys or professionals to determine their eligibility for any of the programs and about what documents they should be putting together.

Be Careful! Unscrupulous individuals will emerge to prey on immigrants, claiming that they will “help.” Please avoid them, learn how to spot scams here.