Deferred Action

Obama’s Executive Action for Undocumented Adults

Obama's executive action for undocumented parents

The DAPA executive order expands deferred action to parents of US Citizens and Lawful permanent residents that have been in the United States since January 1, 2010.

Similar to the DACA process, DAPA will require the Applicant to show evidence of their entry in the US, their continuous presence in the US, the parent child relationship with the US Citizen or Lawful Permanent Resident (Green Card holder) child.

Eliminating Age Requirement of DACA

Previously deferred action was available to children that were brought to the United States prior to their 16th birthday along with specific age requirements and are under 31 years of age, which uses the acronym DACA.  The new executive order for DACA eliminates the age requirement.  The broader eligibility requirements should make more undocumented immigrants that entered the United States either illegally or overstayed a visa eligible for deferred action.

Pro’s and Con’s of DACA and DAPA

The primary benefit of deferred action is lowering the risk of being deported and gaining employment authorization.  Deferred action is extended to a term of 3 years as opposed to the previously granted two years.  The downside of deferred action is it does not provide immigration status such as permanent residence or naturalization.  To see if you are eligible for DACA or DAPA, please visit our Deferred Action page here.… Continue reading...

Posted in Comprehensive Immigration Reform, Current Immigration News, Deferred Action, Dream Act, Immigration Lawyer Blog, Immigration Reform, Undocumented Workers |

Deferred Action for Childhood Arrivals

President Obama issued two executive orders that will benefit approximately 5 million undocumented immigrants in the United States, namely Deferred Action and a 601 Provisional Waiver.  This article will discuss Deferred Action, otherwise known as DACA.  The DACA executive order expands deferred action to parents of US Citizens and Lawful permanent residents that have been in the United States since January 1, 2010.  Previously deferred action was available to children that were brought to the United States prior to their 16th birthday along with specific age requirements and are under 31 years of age.  The new executive order for DACA eliminates the age requirement.  The broader eligibility requirements should make more undocumented immigrants that entered the United States either illegally or overstayed a visa eligible for deferred action.  The primary benefit of deferred action is lowering the risk of being deported and gaining employment authorization.  Deferred action is extended to a term of 3 years as opposed to the previously granted two years.  The downside of deferred action is it does not provide immigration status such as permanent residence or naturalization.  To see if you are eligible for deferred action, please visit our DACA or Deferred Action page.… Continue reading...

Posted in Deferred Action |

Proposed Bills to Reduce the Employment Based Green Card Backlog: Is It Election Related or For Real?

2012 Election and Immigration

The 2012 Election is just around the corner. Republicans versus Democrats, Romney versus Obama. A season of hearing many promises, pledges, and reforms, getting the Americans and others excited for hope and change, going forward, and whatever catchy slogan can be thought of. As part of these promises are lofty expectations of balancing the budget, improving the economy, jobs for everyone, and the list can go on. One added item to the list are all the new proposed legislation for Immigration.

You may recall that in 2008 Senator Obama’s promise for comprehensive immigration reform within 1 year of his Presidency. Now in 2012 we had President Obama discussing moving the location of adjudication of Extreme Hardship Waiver’s to the United States as opposed to the illegal alien needing to return home for adjudication. Also in 2012 we had President Obama’s Deferred Action plan being announced and introduced. Please note that deferred action is nowhere near Comprehensive Immigration Reform as Deferred Action just gives illegal aliens that were brought to the US as children that meet certain other requirements the right to work.… Continue reading...

Posted in Deferred Action, EB1 Extraordinary Ability, EB2 Exceptional Ability, EB2 NIW, H1B Specialty Worker Visa, Immigration Lawyer Blog, PERM | Tagged , , , , , , |

Deferred Action Process for Childhood Arrivals

On August 3, 2012, U.S. Citizenship and Immigration Services (USCIS) released details regarding the latest deferred action process for childhood arrivals.  This announcement, along with the FAQs provides information regarding the eligibility and process of the deferred action application.  As discussed in our previous blog post, you may consider filing for a deferred action if you:

  1. were under the age of 31 as of June 15, 2012;
  2. came to the U.S. before turning 16 years old;
  3. have continuously lived in the U.S. since June 15, 2007, up to the present time;
  4. were physically present in the U.S. on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
  5. entered without inspection before June 15, 2012 or your unlawful immigration status expired as of June 15, 2012;
  6. 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
  7. 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.
Continue reading...
Posted in Current Immigration News, Deferred Action, Dream Act |

Two years “deferred action” to illegal immigrants – A red X on your back?

Definition of “deferred action”

The term “deferred action” as discussed in our previous blog post is an administrative discretionary act, not to prosecute or deport a particular alien for a specific period of time, usually for extraordinary humanitarian or law enforcement purposes.

According to the new Deferred Action Announcement, certain young people who were brought to the United States without inspection as young children, do not present a risk to national security or public safety, and meet several key criteria will not be prosecuted and be eligible to receive deferred action for a period of two years, subject to renewal, and will be eligible to apply for work authorization. These young illegal immigrants are eligible for deferred action based on Immigration’s reasoning of humanitarian reasons if they:

  1.  have come to the United States under the age of sixteen;
  2. have continuously resided in the United States for at least five years preceding June 15, 2012 and are present in the United States on June 15, 2012;
  3. currently be in school, have graduated from high school, have obtained a general education development certificate, or are honorably discharged veterans of the Coast Guard or Armed Forces of the United States;
  4. have not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise pose a threat to national security or public safety;
  5. not be above the age of thirty.
Continue reading...
Posted in Current Immigration News, Deferred Action, Dream Act, Immigration Lawyer Blog, Waiver of Admissibility | Tagged , , |