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News > Latest News
President Obama's Executive Actions on Immigration: DACA, Posted January 08, 2015

1. Deferred Action for Childhood Arrivals (DACA) program

Who

                     Individuals with no lawful immigration status who are seeking initial or renewal DACA.

What

                     Extends the deferred action period and employment authorization to three years(earlier 2 years), and allows you to be considered for DACA if you:

          Entered the United States before the age of 16;

           Have lived in the United States continuously since at least January 1, 2010 (earlier June 15, 2007;

            Are of any age (earlier should have been born prior to June 15, 1981); and

            Meet all the other DACA guidelines.

When

                     Approximately 90 days following the President’s November 20, 2014, announcement.

 

2. Deferred action for parents of U.S. citizens and lawful permanent residents

Who

       An undocumented individual living in the United States who is the parent of a U.S. citizen or lawful permanent resident and who meets the guidelines listed below.

What

        Allows parents to request deferred action and employment authorization if they:

      Have lived in the United States continuously since January 1, 2010;

      Had, on November 20, 2014, a son or daughter who is  a U.S. citizen or lawful permanent resident; and

      Are not an enforcement priority for removal from the United States, under the November 20, 2014.

Notes: USCIS will consider each request for Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) on a case-by-case basis. Enforcement priorities include (but are not limited to) national security and public safety threats.

When

       Approximately 180 days following the President’s November 20, 2014, announcement.

 

3. Provisional waivers of unlawful presence

Who

      Undocumented individuals who have resided unlawfully in the United States for at least 180 days and who are:

o                               The sons and daughters of U.S. citizens; or

o                               The spouse and sons or daughters of lawful permanent residents.

What

      Expands the provisional waiver program announced in 2013 by allowing the spouses, sons and daughters of lawful permanent residents and the sons and daughters of U.S. citizens to get a waiver if a visa is available. There may be instances when the qualifying relative is not the petitioner.

      Clarifies the meaning of the “extreme hardship” standard that must be met to obtain a waiver.

Notes: Currently, only spouses and minor children of U.S. citizens are allowed to apply to obtain a provisional waiver if a visa is available. 

When

      Upon issuing of new guidelines and regulations.

 

4. Modernize, improve and clarify immigrant and nonimmigrant visa programs to grow our economy and create jobs

Who

     U.S. businesses, foreign investors, researchers, inventors and skilled foreign workers.

What

USCIS will:

      Work with the Department of State to develop a method to allocate immigrant visas to ensure that all immigrant visas authorized by Congress are issued to eligible individuals when there is sufficient demand for such visas.

       Work with the Department of State to modify the Visa Bulletin system to more simply and reliably make determinations of visa availability.

      Provide clarity on adjustment portability to remove unnecessary restrictions on natural career progression and general job mobility to provide relief to workers facing lengthy adjustment delays.  

      Clarify the standard by which a national interest waiver may be granted to foreign inventors, researchers and founders of start-up enterprises to benefit the U.S economy.

       Authorize parole, on a case-by-case basis, to eligible inventors, researchers and founders of start-up enterprises who may not yet qualify for a national interest waiver, but who:

o                               Have been awarded substantial U.S. investor financing; or

o                               Otherwise hold the promise of innovation and job creation through the development of new technologies or the pursuit of cutting-edge research. 

      Finalize a rule to provide work authorization to the spouses of certain H-1B visa holders who are on the path to lawful permanent resident status. 

      Work with Immigration and Customs Enforcement (ICE) to develop regulations for notice and comment to expand and extend the use of optional practical training (OPT) for foreign students, consistent with existing law.

      Provide clear, consolidated guidance on the meaning of “specialized knowledge” to bring greater clarity and integrity to the L-1B program, improve consistency in adjudications, and enhance companies’ confidence in the program.

When

       Upon issuing necessary guidance and regulations.

 

5. Promote the naturalization process

Who

                     Lawful permanent residents eligible to apply for U.S. citizenship

What

                     Promote citizenship education and public awareness for lawful permanent residents.

                     Allow naturalization applicants to use credit cards to pay the application fee. 

                     Assess potential for partial fee waivers in the next biennial fee study.


When

                     During 2015

  

 

 

 

information provided here is of general nature and should not be constructed as legal advice.matters in personal historyor a perticular situation may affect eligibility to recive immigration benfits in a perticular situation.Information is updated peroidically and may not be current at all time.
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