Obama Executive Action
New Deferred Action Program
On November 20, 2014 President Obama announced an executive action that detailed considerable changes to U.S. immigration policy. His program of “Deferred Action” calls for a re-focusing of resources for immigration enforcement and, most importantly, allows a large amount of undocumented immigrants to live and work legally in the United States. Obama’s executive will become effective on January 5, 2015.
Who Qualifies for the New Deferred Action?
The new Deferred Action program applies to certain undocumented immigrants and expands the existing Deferred Action for Childhood Arrivals (DACA).
The following people may qualify:
- Undocumented parents of United States Citizens
- Undocumented parents of Lawful Permanent Residents who have been continuously present since 1/1/2010
- Certain undocumented immigrants who arrived as children before January, 2010
To be eligible, applicants must:
- Not have a serious criminal history
- Prove that they entered the U.S. before January 1, 2010 and have been continuously present since then.
- Not have failed to leave under a removal order or not have returned after a removal order after January 1, 2014
In addition to making these individuals eligible for legal residency, the new program will also increase resources for border enforcement and create new procedures for high-skilled immigrants. The Deferred Action is expected to benefit about 4.4 million people. Other important facts about the action include:
- 601A Waivers – “Extreme hardship” will be clarified and waivers will be expanded to spouses and children of Lawful Permanent Residents.
- Adjustment of Status Timing – Employment-based applicants in the quota backlog may pre-register for adjustment of status to obtain benefits of pending adjustment of status.
- Removal Proceedings – Individuals in removal proceedings who have not been removed from the U.S. and meet qualifying criteria may seek prosecutorial discretion to close their case.
- H– 4 Visa Holders – Spouses of H1B visa holders may obtain work permits
- Parole in Place – Parole in place will expand to include families of individuals trying to enlist in the military, as some branches of the armed forces ban applicants who have undocumented family members.
Discuss Your Case with an Experienced Immigration Lawyer
Maney | Gordon | Zeller, P.A. proudly offers our services and support to individuals and families who would like to learn more about the Obama Executive Action, their unique case, and how we can help. If you have questions about your eligibility or would like to register for the new Deferred Action program, our experienced attorneys are available to provide you with a consultation.