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President Obama Issues Immigration Executive Action

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On November 20, 2014, President Barack Obama announced an Immigration Accountability Executive Action that will keep many families together and lessen the fear of deportation.  This executive order will affect approximately 3.7 million undocumented people living in the United States.  It expanded the population of those eligible for DACA and created a new category of deferment for parents of United States citizen and legal resident children (Deferred Parental Accountability Act or “DAPA”).  President Obama’s action also established a new priority of deportation, where ICE will focus its limited resources on those undocumented individuals who pose a public safety risk or a threat to national security.

    Deferred Action for Childhood Arrivals (DACA)

    • This order expanded the population of those eligible for the Deferred Action for Childhood Arrivals (DACA) program to young people who came to this country before turning 16 years old and have been present since January 1, 2010, and extending the period of DACA and work authorization from two years to three years:
      • Removes restrictions and allows those who were born prior to June 15, 1981, to apply (given they are eligible under other DACA guidelines);
      • Requires continuous residence in the US since January 1, 2010, rather than the prior requirement of June 15, 2007; and,
      • Extends the DACA period and employment authorization from two years to three years.

    Deferred Action for Parental Accountability (DAPA)

    • This new deferred action allows parents of U.S. citizens and law permanent residents who have been present in the United States since January 1, 2010, to request deferred action and employment authorization for three years who meet the following requirements:
      • All applicants will be subject to a criminal background check and pay taxes;
      • applicants must be an undocumented individual living in the United States who were parents to a U.S. citizen or lawful permanent resident on or before November 20, 2014; and,
      • applicant is not an enforcement priority for removal from the United States, pursuant to the November 20, 2014, Policies for Apprehension.

    The United States Citizenship and Immigration Services (USCIS) is currently issuing forms, instructions and more detailed regulations surrounding the process and eligibility requirements for applying for the above-mentioned deferred actions.  This information will be available approximately 180 days from the announcement.  Please beware of anyone contacting you and asking you for payment in order to apply for such actions before USCIS has issued any forms or further instruction.

For more detailed information, visit the www.USCIS.gov or click here.

We provide outstanding immigration services and we are excited to help you through this process.  Please contact us for more information regarding eligibility requirements.

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