Tag Archives: DACA

Murphy Law Firm News

Executive Action on Immigration

On November 20, 2014, President Obama announced that he will be taking executive action on immigration due to inaction by congress. The new guidelines presented by President Obama last night will help an estimated $4.9 million people who are presently in the United States with no lawful status. Two areas where individuals will see relief are an expansion of the current Deferred Action for Childhood Arrivals and a new policy of Deferred Action for parents of children who are U.S. Citizens (USC) or Lawful Permanent Residents (LPR).

Expansion of Deferred Action for Childhood Arrivals (DACA)

DACA will no longer have an age cap. Individuals meeting the following criteria will be considered for deferred action if they:

  • Were under the age of 16 when they entered the U.S.,
  • Are attending school or have earned their high school diploma,
  • Have lived here continuously since 1/1/2010,
  • Have no felony crime convictions or significant misdemeanors,
  • Have no more than 2 minor misdemeanors.

The original age cap disqualified individuals born before June 15, 1981. Now, there is no restriction on age. In addition, DACA and DACA renewals will be granted for a period of three years instead of two effective November 24, 2014. And the entry date to the U.S. has changed from June 15, 2007 to January 1, 2010.

Deferred Action for Parents of U.S. citizen or lawful permanent resident children (DAP)
For individuals with children born in the U.S., or who have become LPRs or USCs, there are new guidelines allowing parents to apply for deferred action. Parents are eligible if they:

  • Have children born in the U.S. before November 20, 2014 (or who have become LPRs or USCs by that time),
  • Have no legal status as of 11/20/14,
  • Have lived here continuously since 1/1/2010,
  • Have no felony crime or significant misdemeanors
  • Have no more than 2 minor misdemeanors.

Individuals applying for deferred action under either program will have to have a background check and pay the filing fees, currently $465.

These programs will be available to people who are currently detained or are in removal proceedings. Immigration and Customs Enforcement (ICE) and Customs and Border Patrol (CBP) must start identifying people in custody and who have pending removal cases. They may be eligible for administrative closure or termination of their cases. We will be reviewing our client’s cases one by one. We are hopeful that many of our clients currently in removal proceedings will now be eligible for the expanded DACA or the new DAP program announced by the president.

There are several other changes that will impact businesses, foreign investors, researchers, and skilled workers. The naturalization process and process for those seeking waivers will also be affected.

Immigration Reform News

Immigration Executive Action to be Announced Thursday, November 20

THE PRESIDENT IS SET TO ANNOUNCE HIS PLANS FOR EXECUTIVE ACTION ON IMMIGRATION TOMORROW AT 8:00 pm.

President Obama will announce his plans on national TV during a prime time event Thursday evening. Full details will be announced by the President at a rally in Las Vegas on Friday.

We will post full details as soon as we have them.

Immigration Reform News

New Immigration Form Announced for Dreamers Deferred Action

On August 3, 2012, the Department of Homeland Security announced that beginning on August 15, 2012, persons meeting the criteria below will be able to apply for deferred action and work authorization. They have created a new form for Deferred Action for Childhood Arrivals (DACA). The form will be available on August 15.

The filing fee for both DACA and work authorization is $465. The filing fee must be made payable to the “Department of Homeland Security”.

You may request consideration of deferred action for childhood arrivals if you:

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;
Entered without inspection before June 15, 2012, or your lawful immigration status expired as of 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, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

To be considered “currently in school” under the guidelines, you must be enrolled in school on the date you submit a request for consideration of deferred action under this process. If you have not graduated high school – enroll in school now!

Individuals may begin to request consideration of deferred action for childhood arrivals on August 15, 2012.

read new deferred action guidelines from USCIS

Immigration Reform News

Dream Act, Deferred Action and Work Permits — Are you eligible for new immigration policy?

On June 15, 2012, President Obama announced a new immigration policy that would defer immigration proceedings for young persons between the ages of 15 and 30 provided they meet certain criteria. The requirements are similar to the proposed Dream Act that has not yet been approved by Congress. The requirements are:

  • Must have entered the United States before the age of 16;
  • Must have lived in the U.S. for at least five years (since June 15, 2007) and must be in the U.S. on June 15, 2012;
  • Must either be in school now, have graduated high school, received a GED, or have been honorably discharged from the Coast Guard or Armed Forces of the U.S.;
  • Must not have either a felony conviction, a significant misdemeanor conviction, multiple misdemeanor convictions, or be a threat to national security or public safety;
  • Must be under the age of 31.

The Department of Homeland Security will establish the process to apply for this deferred action before August 15, 2012. Additionally, anyone who has a case currently pending before an immigration judge or has already been ordered removed can also get deferred action for a period of 2 years. Anyone who receives deferred action can reapply at the end of each two year period.

You must put your paperwork together to prove that you came to the U.S. before the age of 16. This can be proven by school records, medical records, employment records, financial records, and millitary records. Documents to prove education include current school records, high school diplomas or GED certificates, report cards, college diplomas, or school transcripts. Military records include millitary personnel records, military health records, or a DD214.

A significant misdemeanor is a federal, state, or local crime that involves violence, threats, assaults, domestic violence, sexual abuse or exploitation, theft, fraud, DUI (alcohol or drugs), fleeing the scene of an accident, unlawful possession or use of a firearm, or drug distribution or unlawful possession of drugs.

A felony, for immigration purposes, is a federal, state, or local crime punishable by imprisonment for a period exceeding one year.

Multiple misdemeanors under this policy is conviction for three or more other misdemeanors not considered a significant misdemeanor.

Murphy Law Firm can assist in preparing and making requests for deferred action and applications for work permits. Call 610-436-7555 to schedule a consultation.