Executive Actions on Immigration
On November 20, 2014, President Obama announced a series of executive actions to crack down on illegal immigration at the border, prioritize deporting felons not families, and require certain undocumented immigrants to pass a criminal background check and pay taxes in order to stay in the United States without fear of deportation.
The Administration also plans to use the existing immigration law to promote investment and make the immigration system work better until Congress finally passes immigration reform.
Please be aware not to get scammed. Here are the principal components as we currently understand them:
Two Deferred Action Initiatives that are Estimated to Benefit 4-5 Million Immigrants
Deferred Action for Parents (DAP)
Parents of U.S. citizens and lawful permanent residents (of any age) who have been continuously present since 1/1/10, and who pass background checks and pay taxes, will be eligible to apply for deferred action, which will be granted for a 3-year period. The plan is to stand this up within 180 days (for applications to be accepted). Note that parents of DACA recipients are not eligible.
Expansion of DACA
The executive actions will extend the entry requirement to June 1, 2010 and remove the age cap, permitting many more DREAMERs qualify for a temporary 3 year reprieve from deportation. While the expanded DACA program is not yet in place, it is expected that the USCIS will begin receiving applications within 90 days.
Enforcement Priorities
President Obama announced new priorities for cracking down on illegal immigration at the border and “deporting felons, not families.” The president’s actions focus on the deportation of people who threaten national security and public safety, including suspected terrorists, convicted felons, convicted gang members and people apprehended on the border.
Expansion of Provisional Family Unity Waivers I-601A
The President’s actions will expand the waiver to apply to spouses and children of LPRs in addition to spouses and children of U.S. citizens.
Undocumented spouses of lawful permanent residents (green card holders) are now permitted to apply for waivers before departing the United States, shielding many more American families from the pain of prolonged separation. The change will also save tax dollars by making the visa processing system more efficient and reducing the burden on government agencies.
Additionally, the President has asked USCIS to clarify the definition of the “extreme hardship” requirement presumably in order to allow for a more streamlined determination of whether this standard may be met by the immigrant.
Border Security
The Secretary of DHS will announce a South Border “command and control” campaign to coordinate and better use resources at the border.
State and Local
Secure Communities will be discontinued and replaced by a Priority Enforcement Program (PEP). What it means that Secure Communities will be discontinued is unclear. Unclear if they will stop fingerprinting people and unplug the technology and interoperability of the federal and local databases. Detainers will be discontinued for all except national security cases. Instead of detainers, there will be a request for notification when a law enforcement entity is about to release a convicted criminal.
Pending Proceedings
There will be a review of cases currently under proceedings to see who is prima facie eligible for the relief stated in this program, and those cases will be closed.
Immigration Court Reforms
There will be a package of immigration court reforms that will include qualification of accredited representatives and ineffective assistance of counsel issues.
U/T Visas
Three more types of offenses will be added to the list of offenses for which DOL can certify for U status. No specifics were available regarding which offenses will be added. T visa eligibility may also come into play with respect to DOL.
Worksite Enforcement
DOL will coordinate with other agencies regarding worksite enforcement activities.
Foreign Entrepreneurs
Certain investors will be able to be paroled into the U.S., or be granted parole in place if already in the United States, for job creation (no further details at this time). This will be done by regulation. Also, entrepreneurs, researchers, inventors, and founders will be eligible for national interest waivers. This will be implemented through policy guidance.
Pre-Registration for Adjustment of Status
Individuals with an approved employment-based immigrant petition who are caught in the quota backlogs will be able to pre-register for adjustment of status to obtain the benefits of a pending adjustment. This is expected to impact about 410,000 people. This will be done by regulation.
OPT
The length of time in OPT for STEM graduates will be expanded and the relationship between the student and the school will be strengthened for this period. Other changes, such as allowing STEM OPT post-master’s degree where only the first degree is in a STEM field is under consideration. This will be done by regulation.
PERM
A full rulemaking will be undertaken to modernize the PERM program.
Advance Parole
There will be a new advance parole memo that will address the issues raised in Matter of Arrabally-Yerrabelly and make clear that CBP should honor the advance paroles issued by USCIS.
Parole in Place
PIP will be expanded to include families of individuals trying to enlist in the armed forces.
Visa Modernization
There will be a Presidential Memorandum directing the agencies to look at modernizing the visa system, with a view to making optimal use of the numbers of visa available under law. Issues such as whether derivatives should be counted and whether past unused visa numbers can be recaptured will be included in this effort.
Orlando Immigration Attorney
Brandt Immigration handles immigration and citizenship issues on a daily basis and is prepared to help you achieve your United States immigration goals. Furthermore, our experienced Orlando immigration lawyers will keep you informed of all new laws and changes that may be relevant to your case.