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President Obama's Executive Action on Immigration (part 2)

11/24/2014

The majority of the publicity surrounding President Obama's Executive Action last week is concerned with the relief it gives to undocumented immigrants. Contrary to some reports, the proposals do NOT offer any amnesty or path to citizenship, and are just temporary measures.

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

In June 2012, President Obama announced that some undocumented people, who had come to the US as children, would not be deported. These people are sometimes referred to as "Dreamers" after a proposed bill called the Development, Relief, and Education for Alien Minors (DREAM) Act.

Obama's Executive Action expands the relief available as follows:

Removes the upper age limit on who can apply for relief. Currently, applicants must have been under 31 on June 15, 2012.
Requires continuous residence in the United States since January 1, 2010, rather than the prior requirement of June 15, 2007.
Extends the deferred action period and employment authorization to three years from the current two years.

The USCIS website explains the former requirements for DACA.

-    Were under the age of 31 as of June 15, 2012;
-    Came to the United States before reaching your 16th birthday;
-    Have continuously resided in the United States since June 15, 2007, up to the present time;
-    Were physically present in the United States on June 15, 2012, and at the time of making your request         for consideration of deferred action with USCIS;
-    Had no lawful status on June 15, 2012;
-    Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
-    Have not been convicted of a felony, significant misdemeanor,or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

All except the first and third criteria still apply.

USCIS may begin accepting applications approximately 90 days from November 20, 2014

2. Relief for Parents of Permanent Residents and Citizens

The most controversial element of Obama's proposals allow for the undocumented parents of US citizens or permanent residents to get work authorization and relief from deportation for 3 years. Applicants will need to register, submit biometric data, pass background checks, pay fees, and show that their child was born before November 20, 2014.

The requirements are:

Parent must have continuously resided in the US since January 1, 2010;
The US citizen pr permanent resident child was born on or before November 20, 2014;
Parent must not be a high priority for removal (deportation), as explained in this DHS Memo;
Parent must pass a criminal background check;
Parent must pay any unpaid taxes.

USCIS may begin accepting applications approximately 180 days (6 months) from November 20, 2014.

For more information, please see the
DHS Memorandum on Deferred Action
DHS Memo on Secure Communities Program
Part 1 of this article

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President Obama's Executive Action on Immigration (part 1)

11/21/2014

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President Obama's speech last night on what is being called "Immigration Accountability Executive Action" (IAEA) primarily described the relief offered to parents of children who are US citizens pr permanent residents (green card holders), and mentioned a change in the focus of the enforcement arm (Immigration and Customs Enforcement (ICE). However, there are far more details on the US Immigration Service website and in the White House Fact Sheet on the subject.

The blog post will cover the proposed changes that affect employment-based applicants and their employers, and prospective citizens. On Monday, I will cover the changes affecting undocumented immigrants and enforcement. Full details of the changes are not yet published, so I can only provide a summary for now.

Changes affecting non-immigrants.

1. Spouses of H-1B workers will get work authorization if the H-1B worker has "an approved LPR application" (this phrase is not defined yet).
2. Investors and entrepreneurs will be encouraged to immigrate by

being granted parole to enter initially if they show significant promise or funding; and
clarifying the National Interest Waiver standards for green cards to accommodate this group.

3.    The government will finalize a new policy memorandum that should to offer clear guidance on the "specialized knowledge" requirements for L-1B (intra-company transferee) status. For years, immigration lawyers and applicants have been frustrated by inconsistent adjudications of L-1B petitions and unreasonable requests from the adjudicators, to the point where it has become very difficult to get L-1B status approved.
4.    Expand the period of Optional Practical Training (OPT) available to F-1 students in the science, technology, engineering and math (STEM) fields, including requiring stronger ties between OPT students and their colleges and universities following graduation.

Changes to the permanent residence process.

1    The government is expected to change the way that Adjustment of Status applications are filed, to allow for employees to change jobs more easily, even if their priority date is not current.
2.    Improve the ability of people who have filed for permanent residence to travel outside the US while the application is pending.

Citizenship

The government will promote the naturalization process through increased public awareness campaigns in the 10 states where 75% of permanent resident live. Payment of fees will be made easier by

allowing naturalization applicants to use credit cards to pay the application fee; and
assessing the potential for partial fee waivers in the future.

As the USCIS website notes:

Important notice: These initiatives have not yet been implemented, and USCIS is not accepting any requests or applications at this time. Beware of anyone who offers to help you submit an application or a request for any of these actions before they are available. You could become a victim of an immigration scam.

Over the coming months, USCIS will produce detailed explanations, instructions, regulations and forms regarding the changes. Check back here (or subscribe to the feed) for frequent updates as new information emerges.

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TPS announced for Ebola-Stricken Countries.

11/20/2014

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image courtesy of http://www.ibtimes.com.

The US Department of Homeland Security (DHS) had announced that Liberia, Guinea, and Sierra Leone will be eligible for Temporary Protected Status (TPS) for 18 months starting tomorrow, November 21, 2014. After that time, the government can decide to extend the TPS period, or end the benefits.

The TPS designation means that undocumented immigrants from those countries who are already in the US will not be removed (deported) and can apply for work authorization

To qualify for TPS, applicants must show that they satisfy all eligibility criteria, including that they have been “continuously residing” in the United States since Nov. 20, 2014 and “continuously physically present in” the United States since Nov. 21, 2014. Applicants also undergo thorough security checks. People with certain criminal records or who pose a threat to national security are not eligible for TPS.

The TPS registration period runs from Nov. 21, 2014 to May 20, 2015 (180 days). Applicants should apply during this time, following the instructions here.

DHS defines TPS as

The Secretary of Homeland Security may designate a foreign country for TPS due to conditions in the country that temporarily prevent the country's nationals from returning safely, or in certain circumstances, where the country is unable to handle the return of its nationals adequately.

For more information, see the DHS Press Release

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President Obama and immigration changes rumors

11/13/2014

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The New York Times is reporting that President Obama may issue executive orders next week to help 5 million undocumented immigrants and refocus the activities of 12,000 immigration officials.

Citing administration officials, The Times states that one feature of the legislation would grant work authorization to the parents of US citizen or permanent resident children. There is debate as to whether this benefit will be limited to people who have been in the US for 10 or 5 years.

According to the paper,

"Mr. Obama’s actions will also expand opportunities for immigrants who have high-tech skills, shift extra security resources to the nation’s southern border, revamp a controversial immigration enforcement program called Secure Communities, and provide clearer guidance to the agencies that enforce immigration laws about who should be a low priority for deportation, especially those with strong family ties and no serious criminal history."

Background

The Washington Post reports that Representatives Zoe Lofgren (D-Calif.) and Luis Gutierrez (D-Ill.), two of the most vocal proponents for immigration reform, began circulating a letter of support on Wednesday that lays out the economic, political and legal arguments that they hope Obama's allies will be making on his behalf once he takes action and begins facing Republican criticism for doing so. A full draft of the letter is below.

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President Obama's Executive Action on Immigration (part 2)

President Obama's Executive Action on Immigration (part 1)

TPS announced for Ebola-Stricken Countries.

President Obama and immigration changes rumors

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