Martin Immigration Law
  • Home
  • About
    • Publications
    • Privacy Policy
    • Texas Lawyer's Creed
  • Blog
  • Services
  • FAQs and Videos
  • Contact
  • Useful Links

BLOG

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

11/24/2014

0 Comments

 
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.
  1. -    Were under the age of 31 as of June 15, 2012;
  2. -    Came to the United States before reaching your 16th birthday;
  3. -    Have continuously resided in the United States since June 15, 2007, up to the present time;  
  4. -    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;
  5. -    Had no lawful status on June 15, 2012;
  6. -    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
  7. -    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
0 Comments



Leave a Reply.

    Lawyer Elaine Martin | Top Attorney Immigration
    View my profile on LinkedIn

        Author

    Elaine Martin has been practising US and global immigration law since 1997. She is an immigrant herself (from Ireland), so has a special understanding of the legal and emotional challenges involved in relocating to a new country.

    Picture

    Archives

    November 2019
    October 2019
    September 2019
    August 2019
    July 2019
    June 2019
    May 2019
    April 2019
    March 2019
    February 2019
    January 2019
    December 2018
    November 2018
    October 2018
    September 2018
    August 2018
    July 2018
    June 2018
    April 2018
    March 2018
    January 2018
    December 2017
    November 2017
    October 2017
    September 2017
    July 2017
    June 2017
    May 2017
    March 2017
    February 2017
    January 2017
    November 2016
    October 2016
    September 2016
    August 2016
    July 2016
    June 2016
    May 2016
    April 2016
    March 2016
    February 2016
    January 2016
    December 2015
    October 2015
    September 2015
    August 2015
    July 2015
    June 2015
    May 2015
    April 2015
    March 2015
    February 2015
    January 2015
    December 2014
    November 2014
    October 2014

    Categories

    All
    Adjustment Of Status
    Affidavit Of Support
    Africa
    Algeria
    B-1 In Lieu Of H-1B
    #borderwall
    Cameroon
    Cancellation Of Removal
    Chad
    China
    Citizenship
    Conditional Permanent Residence
    Corruption
    Cuba
    DACA
    DAPA
    Department Of Labor
    Department Of State
    Deportation
    Diversity Visa
    Donald Trump
    DOS Travel Warning
    E-1
    E 2
    E-2
    EAD
    EB 5
    EB-5
    El Salvador
    Entrepreneur
    Environment
    FAQ
    FCPA
    FIFA
    Filing Fees
    Green Card
    H 1B
    H-1B
    H-1B Portability
    H 2
    H-2
    H 4
    H-4
    Haiti
    Honduras
    I-407
    I-944
    #immigrationaction
    Infographic
    Investor
    Iran
    Iraq
    Israel
    L 1
    L-1
    L-1B
    Labor Condition Application
    LCA
    Libya
    Lottery
    Marriage Based
    Marriage-based
    Mexico
    Muslim
    Naturalization
    Nepal
    New Zealand
    Nigeria
    North Korea
    Notice To Appear
    Obama
    Overstay
    Permanant Residence
    Portability
    Poverty Guidelines
    Preference Categories
    Premium Processing
    Priority Dates
    Public Charge
    Reentry Permit
    Religious Workers
    Removal
    Returning Resident Visa
    Scam
    Shutdown
    Somalia
    Statistics
    Success Stories
    Sudan
    Supreme Court
    Syria
    TPS
    Travel Ban
    Undocumented
    USCIS
    VAWA
    Venezuela
    Video
    Violence Against Women Act
    Visa Bulletin
    Visa-bulletin
    Visa Waiver
    Yemen
    YouTube

    RSS Feed

Disclaimer
The information you obtain at this site is not, nor is it intended to be, legal advice from Dallas lawyer Elaine Martin. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until an attorney-client relationship has been established.
© 2014-2019 by Martin Immigration Law, Dallas. All rights reserved.  Privacy Policy
Photos used under Creative Commons from andryn2006, susivinh, Simon & His Camera, lwpkommunikacio, NazionaleCalcio, RussBowling, Phillip Pessar, Hichem Merouche, Lars Plougmann, Colby Stopa, superscheeli, miguel.discart, Asian Development Bank, Tim simpson1, eurleif
  • Home
  • About
    • Publications
    • Privacy Policy
    • Texas Lawyer's Creed
  • Blog
  • Services
  • FAQs and Videos
  • Contact
  • Useful Links