Immigration Reform

On November 20, 2014, President Obama announced his plan to take action on the broken U.S. immigration system. Under the new immigration laws, the Obama Administration will provide immediate relief for the parents of U.S. Citizens and Legal Permanent Residents. The new immigration reform will allow close to 5 million undocumented immigrants to obtain work authorization (EAD) and defer deportation proceedings. Below is a summary of the President’s executive order:

1. Deferred Action for Parental Accountability (DAPA): Parents of U.S. citizens or green card holders will be able to request deferred action and employment authorization if they have continuous residence in the United States Since January 01, 2010, are the parents of a U.S. citizen or lawful permanent resident born on or before November 20, 2014; and are not an enforcement priority for removal from the United States. The application process will start in the spring of 2015.

2. Extension of the DACA Program: Allows individuals born prior to June 15, 1981, to apply for DACA and it removes the 31-year-old-age cap, provided they meet all other guidelines. The DACA extension requires continuous residence in the United States since January 01, 2010 and it extend the deferred action period to three years from the current two years. The application process will start within 90 days of November 20, 2014.

3. Employment-Based Immigration Benefits: Work permits for certain H-4 spouses will be finalized in early January 2015. USCIS and the Department of State will develop a method to allocate immigration visas to ensure that all immigrant visas authorized by Congress are issued to eligible individuals when there is sufficient demand for such visas. In addition, USCIS will work on regulations that will clarify the standard by which a national interest waiver may be granted to foreign inventors, researchers and founders of start-up enterprises to benefits the U.S. economy. The above mentioned benefits will be effective upon issuing necessary guidance and regulations. Perhaps by the end of 2015 or early 2016.

Our office will keep a close watch over how the government will implement these new policies. If you want to receive further updates as and when they are available, visit our website or our Facebook page (www.facebook.com/dobrevalaw). You can also download the most recent published memorandums and policy guidance provided on this page.

 

Deferred Action: Updates and Useful Links

http://www.uscis.gov/immigrationaction#4

https://www.federalregister.gov/articles/2014/05/12/2014-10734/employment-authorization-for-certain-h-4-dependent-spouses

http://www.dhs.gov/immigration-action

http://www.gpo.gov/fdsys/pkg/FR-2014-11-26/html/2014-28195.htm