President Obama’s Immigration Action
Here is what we learned from tonight’s announcement and from information provided to stakeholders from the White House:
Deferred Action Extended to Benefit Approximately 4.4 Million Undocumented Immigrants
Two separate Deferred Action initiatives have been announced that are expected to benefit 4.4 million undocumented individuals.
- Deferred Action for Parents (“DAP”) of US citizens and lawful permanent residents (green card holders) of any age who can:
- Show continuous presence since January 1, 2010;
- Pass a background check – likely similar to current Deferred Action for Childhood Arrivals (“DACA”);
- Pay back taxes.
- Current DACA Expansion: The age cap (of 31 years old) will be removed and the date when continuous presence must have started will be changed from June 15, 2007 to January 1, 2010.
Both will be provided for 3 years at a time, including those DACA renewals still processing. The DACA Expansion initiative should begin within 90 days and the DAP should begin within 180 days. This is not a path to citizenship. This is merely the opportunity to work and live in the US without fear of deportation.
I-601A Provisional Waiver Expansion
The I-601A provisional waiver will be expanded to include spouses and children of lawful permanent residents, not just US citizens as it is currently provided. The “extreme hardship” standard will be expanded and clarified, too.
Parole-in-place will be expanded to include families of individuals who are trying to enlist in the armed forces.
Timing of Filing for Adjustment of Status for Employment-Based Immigrant Petitions
Those with an approved employment-based immigrant petition who are currently waiting due to backlogs will be able to adjust status. This is expected to impact about 410,000 people and will be done by regulation.
A Presidential Memorandum will be released to try to modernize visa issuance to recapture any unused visas.
Our Sacramento immigration lawyers have been very successful for our immigration clients. Our DACA success rate is at 100% Do not hesitate to contact our Sacramento immigration lawyers today to discuss having you listed as one of the people we should contact once this announcement is implemented!
*The information provided in this post does not constitute legal advice or opinion. The information is for guidance purposes only. Individual situations vary and you should contact us for a consultation. Carson & Kyung, Sacramento’s Immigration Attorneys on President Obama’s Immigration Action. Image courtesy of whitehouse.gov.