DAPA and Expanded DACA on Hold for Court Review

Posted March 3, 2015

A Texas federal court has issued a preliminary injunction against President Obama’s executive orders regarding deferred action for undocumented immigrants.  The court’s action thus freezes implementation of the Deferred Action for Parents of U.S. Citizens and Permanent Residents (DAPA) and the expanded Deferred Action for Childhood Arrivals (DACA) programs.  The Department of Justice is seeking an emergency stay of the preliminary injunction pending appeal of the case to the Fifth Circuit Court of Appeals.  The stay is unlikely to succeed and therefore the case will likely be heard on appeal, which will take some time, perhaps months.

The original 2012 DACA program remains in effect.  If you are a first-time applicant for deferred action, or need to renew your DACA status and employment authorization for an additional two-year period, AND you meet the eligibility criteria (see USCIS guidelines), USCIS is accepting applications despite judicial review of the new programs.

If you believe you may qualify for either DAPA or the expanded DACA program, you should continue to gather documents which demonstrate the length of time you have lived in the United States, and documents that demonstrate your relationship to a qualifying U.S. citizen or permanent resident child (for DAPA applicants).  If the filing window opens, the window of opportunity may not be long to earn deferred action status in the United States.

Contact us today for assistance.

 

 

 

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USCIS Posts Information About DACA and DAPA

Posted February 3, 2015

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.

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OBAMA TO ANNOUNCE IMMIGRATION CHANGES TODAY

Posted November 20, 2014

President Obama is set to announce major changes to the U.S. immigration system today, Thursday, Nov. 20, 2014, at 5pm PST.  The President is expected to significantly widen the pool of persons eligible for Deferred Action. Details about eligibility requirements and the process of applying for Deferred Action and a work permit under the new rules will be announced by USCIS and ICE soon after President Obama’s announcement.

It is important that you not be misled about eligibility and the application process by notarios or individuals not qualified to understand important legal requirements.  The best sources of information are always found at USCIS.gov and ICE.gov, the federal agencies responsible for administration and enforcement of U.S. immigration laws.  Become familiar with these websites, which offer information en Espanol for Spanish speakers.

Current information about Deferred Action for Childhood Arrivals (DACA) eligibility and the DACA application process can be found at http://www.uscis.gov/humanitarian/consideration-deferred-action-childhood-arrivals-daca.

The application process for new Deferred Action rules will likely be similar to the current DACA application process.

Please contact us for further details after President Obama’s announcement.

 

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Face-Off Over Immigration

Posted November 7, 2014

Highly recommended read.  For a powerful description of the intense political battle being waged in Washington, DC over immigration reform, see the Nov. 7 front-page Wall Street Journal article by Carol E. Lee and Peter Nicholas, Face-Off Over Immigration.  (Copyright 2014, WSJ – Nov. 7, 2014)

With this week’s significant Republican gains in Congress, which include shifts in chairmanships and rule-making power, the 2015 Congress may finally produce reform legislation that President Obama would not veto – likely piecemeal legislation, but nonetheless, progress might be made on updating wide provisions of an outdated U.S. immigration system that address lawful immigration.

Yet based on the tone and scope of disagreement by the principles related to illegal immigration (dramatically depicted in this article), concerning the need for legislation that looks back to address the millions already here, as well as forward, it becomes difficult to see how the legislative effort would succeed if, within the remaining lame duck Congress, President Obama acts unilaterally using so called executive action to grant provisional protected status to a wide pool of presently illegal immigrants, as he has promised to do.  (See Wikipedia explanation of Executive Orders here, including how past American presidents have wielded this unilateral authority without congressional backlash.)

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