After years, President Obama has finally announced his plan for Administrative Relief. It is not an "Executive Decision". It is not an immigration Bill (although it is hoped that it may lead to one). The program will go under the name "Immigration Accountability Executive Action".
The following is a short description of some of the highlights of the President's plan.
Deferred Action Expansion.
This is the program that allows individuals who fit in to a specific category to be deferred from deportation and allowed to work and travel in the US.
1. DACA expansion
Upper age cap will be eliminated and people of any age can apply if they meet the other requirements. The current DACA rules require someone be under the age of 31 on June 5, 2012.
Still must have entered the U.S. before the age of 16 regardless of how old they were in June 2012 or are today.
DACA being expanded to three year increments. This change will apply to all first-time applications as well as all applications for renewal effective November 24, 2014.
Work cards will be valid for three years at a time and USCIS will look at means to extend the two-year renewals to three years. USCIS is also considering extending previously issued two-year work authorization renewals for the new three year period but no decision has yet been made.
Physical presence date advanced to 1/1/2010. Applicants can qualify if they were in the U.S. by that date as opposed to June 15, 2007 under the current DACA rules.
USCIS is advising that they expect these changes to take effect approximately 90 days from November 20, 2014.
2. Deferred Action for Parental Accountability
Parents of US citizens and lawful permanent residents (as of November 20, 2014) will now be eligible for deferred action is they have been present since 1/1/2010 and have five years of total presence in the US. The program is called Deferred Action for Parental Accountability.
An applicant must have been present in the US on November 20, 2014, and at the time of making the request for deferred action.
Applicants may not have a lawful status on November 20, 2014.
Applicants will be subject to background checks and must not be in a designated enforcement priority category (to be discussed in a future article).
Background checks will be required. The White House had mentioned a back taxes requirement during its 11/20/2014 briefing, but no mention is made regarding this requirement in any of the issued documents.
Like DACA, deferred action will be granted for a period of three years. The fees will remain at $465. No fee waivers and very limited fee exemptions.
Applications to be accepted within 180 days after November 20, 2014.
If someone is picked up by ICE, CBP or USCIS, they are to be identified as potentially eligible for DAPA and officers are to see administrative closure or termination of the case.
DHS will review cases currently in removal proceedings to see who might be eligible for relief and those cases will be closed.
Approximately 4.4 million are projected to benefit from this program.
For more information, please feel free to contact the Nachman Phulwani Zimovcak (NPZ) Law Group, P.C. at 201-670-0006 (x107). VISASERVE TEAM'S U.S. immigration lawyers or attorneys can also be reached by e-mail at firstname.lastname@example.org or by calling us TOLL FREE at 866-599-3625. In the meantime, please be sure to check out our website at http://www.visaserve.com for updates.