Tag Archives: Immigration Reform News

Immigration News, Immigration Reform News

The Expanded Deferred Action for Childhood Arrivals starts in February

The expanded Deferred Action for Childhood Arrivals (DACA) begins on February 18, 2015. On that day, U.S. Citizenship and Immigration Services (USCIS) will begin accepting applications under the expanded guidelines announced by the President in November of 2014. The DACA program grants a period of deferred action for eligible individuals who entered the U.S. before the age of 16. With deferred action, the government agrees to issue an Employment Authorization card and not deport an individual.

Eligibility under the new DACA program includes the following changes:

  • There is no age limitation, the applicant no longer has to have been born before Jun 15, 1981;
  • Applicants must prove continuous presence in the U.S. since January 1, 2010 (the prior continuous presence date was June 15, 2007).
  • Approved applicants will receive deferred action and work authorization for three years instead of two.

All other DACA guidelines remain the same. To find out if you qualify under the new program, please schedule a consultation.

See the full requirements for Deferred Action for Childhood Arrivals.

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 News

In-Country Refugee/Parole Program for Minors from El Salvador, Guatemala, and Honduras

The United States is establishing an in-country refugee/parole program in El Salvador, Guatemala, and Honduras allowing at-risk children a chance to be reunited with parents in the United States. Beginning in December 2014, a parent lawfully present in the United States with children in El Salvador, Guatemala, or Honduras will be able to file for their children under the age of 21, requesting a resettlement interview. If the second parent resides with the child in the home country and is currently married to the lawfully present parent in the United States, the second parent may be added to the child’s petition and considered for refugee status. Children and parents who are found ineligible for refugee admission may be considered for parole, a way of allowing inadmissible individuals to enter the U.S.

There will not be a publicly available form for this process. Interested individuals will have to contact a resettlement agency on their own, Resettlement agencies are located in more than 180 communities throughout the United States. When the program is launched, the Department of State will provide information on how to contact one of these agencies to initiate an application. DNA relationship testing will be required to confirm the biological relationship between the parent and child.