Measures to Save Immigrants in the US Without Status, Recently Announced Executive Action by President Obama

Measures to Save Immigrants in the US Without Status, Recently Announced Executive Action by President Obama

Summary of Executive Action The President announced several new immigration policies that have been long awaited by so many seeking a stable life in the U.S. This article will only focus on the new policies that will assist persons in the U.S. who are illegally living in the U.S. Unfortunately, there are a lot of people living in the U.S. illegally who are not protected by these new programs unless they have U.S. citizen or permanent resident children or unless they are covered by the programs listed here. “Deferred Action for Parents” or “DAPA” will allow parents of U.S. citizens and permanent residents (born on or before Nov. 20, 2014), who are illegally in the U.S. to remain in the U.S. and to apply for work authorization. The parent must have been continuously present in the U.S. since January 1, 2010. This program will begin in May 2015 and require the person to be fingerprinted and pay taxes. It will not help parents who came to the U.S. after January 1, 2010. “Deferred Action for Childhood Arrivals” or “DACA” program from 2012 will be expanded. No longer will the age of the person matter, just as long as they were under 16 when the entered the U.S. They must have been in the U.S since January 1, 2010 (and not June 15, 2007 like the earlier DACA). They will get work authorization for 3 years, instead of just 2 years. The expanded DACA program will beginin February 2015. This program does not include the parents of DACA. 3.Provisional Waivers for persons illegally in the U.S. will now be easier to get approved. The new policy will expand the I-601A waiver program announced in 2013 by allowing spouses, sons or daughter of LPRs, not just US citizens, to apply for a waiver if they have a visa petition approved. Plus it will be easier to get the waiver approved because the USCIS is lowering the standards for finding “extreme hardship.” 4.A policy change for ICE agentsis in effect as of January 5, 2015, that will change the focus on who they should arrest and deport. People who are already in deportation or removal proceedings may ask for “prosecutorial discretion” more easily. There will be an increase in enforcement for persons with criminal backgrounds. But the policy allows even these categories of persons to request that they not be deported if they can prove compelling humanitarian factors. 5.Military personnelwho are LPR’s and US citizens, can now protect their spouses and children from being deported, and have them get “parole” status and work authorization. It is important to be careful of anyone telling you can submit an application for these programs before they become available, as USCIS reports that there are already immigration scammers taking advantage. But in the meantime, while you are waiting for these programs to take effect start gathering your documents to prove your identity, your relationships with US Citizen or permanent residency family members and when you arrived in the U.S. There are other new programs and policies for persons, such as prospective investors and scientists in the U.S. that this article does not discuss. The firm will provide further details about these additional programs in the future.

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