United States Citizenship and Immigration Services (USCIS) has posted information and general guidance online regarding the upcoming programs for expanded deferred action proposed by President Obama.  Read about the programs here.  Expanded rules for DACA (Deferred Action for Childhood Arrivals), including a three-year grant of deferred action and employment authorization and a U.S. arrival date advanced to Jan. 1, 2010, are set to begin on February 18.  DAPA (Deferred Action for Parents of U.S. Citizens and Permanent Residents) is slated to begin in May.  Contact us for today assistance and advice.

Obama Weighs Significant Action

Posted August 27, 2014

The Immigration and Nationality Act is on course for a substantial makeover.

According to the Washington Post, President Obama is weighing a range of proposals for executive action that would loosen and broaden a range of federal administrative rules impacting eligibility for lawful U.S. immigration.  According to various immigration advocacy groups, the rule changes should significantly increase fiscal year quotas in family and employment-based categories.  The question remains, of course, to what degree and with which moving parts that excuse present inadmissibility rules.

Obama “believes it’s important to understand and consider a full range of perspectives,” according to a White House spokesman.  New categories of skilled and labor-intensive work visas may emerge that allow illegal immigrants without family sponsorship to apply to temporarily stay in the U.S. and work their way toward eventual immigration.  Such a balancing stroke would complement a much more consequential move to grant provisional resident status to relatives of U.S. citizens (mostly native-born children) and permanent residents or those already granted deferred action.

Inside information from excited advocates should be viewed as unfocused yet fairly scoped given the immigration reform movement’s historical crescendo, the political calendar and the president’s stated intentions. Stay tuned for the latest as this monumental event shapes up.

The news out of Washington, DC is not good.  A combination of events, including an unexpected influx of Central American immigrant children at the Texas border, has caused House Republicans who hold the keys to immigration reform to step back and reassess the politics and sensibility of comprehensive immigration reform.  President Obama has promised to move forward with executive actions to re-prioritize deportation policy in lieu of reform legislation, but the reality is that the Department of Homeland Security will remain significantly constrained to alter existing mechanisms of illegal immigration and deportations beyond the muddled notions of prosecutorial discretion and deferred action already in place.

If you are the beneficiary of a grant of deferred action (DACA), you must prepare and file another deferred action application, including another application for employment authorization, before the expiration of your current two year period.  As always, the best resource for accurate and up-to-date information is the USCIS website.  See here for the latest official information about the DACA renewal process.

If you are in removal proceedings with few if any legal options for relief, and are (at the advice of your attorney or otherwise) utilizing delay tactics in the hope that you may yet become the beneficiary of reform legislation, you should understand that further delay may become untenable and is fraught with risk.  A responsible approach should incorporate practical strategies that rely in part on available waivers under existing law.  Filing a frivolous asylum or withholding of removal application should never be the answer, particularly now that it appears immigration reform legislation, if it ever arrives, may be more conservatively skewed.

 

 

News is evolving.  The Obama Administration has scheduled an announcement for 1:15pm EDT Friday, June 15th, so stay tuned. Preliminarily, it appears the Obama Administration has decided to implement a Deferred Action option for illegal immigrants in removal proceedings.  The policy, effective immediately, will apply to those in removal proceeding (a) under the age of 30; (b) who arrived to the U.S. before the age of 16; (c) who have lived in the country for at least five years; (d) who have no substantial criminal record (TBD); and (e) who have earned a high school diploma, remained in school or have joined the U.S. military.

Read the Department of Homeland Security Press Release.

Learn more:  DHS

Learn more:  ICE