Executive Action on Immigration by
“Scripture tells us that we shall not oppress a stranger,
for we know the heart of a stranger –- we were strangers once, too.”
President Obama, Nov. 20. 2014
Executive actions by President Obama are clear as in the speech wherein the quote is from. The President made clear that there will be relief for some immigrants based on executive actions. The speech outlined a case for actions to crack down on illegal immigration at the border, to prioritize deportation of felons and not families and to require of fines or criminal background check for immigrants to come clean with the law. The website of United States Citizenship and Immigration Service (U.S.C.I.S) includes a detailed introduction. Following is a brief synopsis based on the U.S.C.I.S. and relevant provisions.
Your Menu of Possible Choices
Extended Deferred Action of Childhood Arrival (DACA) program to young people who came to this country before turning 16 years old and have remained in the U.S. since January 1st of 2010.
- Extension of Consideration for Deferred Action and Work Authorization from two years to three years.
- Removal of upper age limit—allow individuals born before 1981 to apply for DACA.
- Later starting date for continual physical presence—January 1st 2010, rather than June 15th
Approximately 90 days after the President’s speech on Nov. 20, 2010.
Deferred Action for Parental Accountability program will offer an option of Deferred Action, similar to DACA, to parents of U.S. citizen and lawful permanent residents. Favorable outcome includes Deferred Action and Employment Authorization for three years, and applications will be considered on a case-by-case basis.
- The parents should arrive after January 1st, 2010, and
- Physically remained in the U.S. since January 1st 2010, and
- Applicants should pass background checks, and
- Must be the parent of U.S. citizen or lawful permanent resident on or before Nov. 20, 2014, and
- Is not an enforcement priority of immigration agencies by certain guidelines
Approximately 180 days after the President’s speech on Nov. 20, 2014.
Provisional Waiver for Unlawful Presence Revised
- Undocumented individuals have resided in the U.S. for 180 days and are
- Sons and daughters of the U.S. citizens
- Spouses and sons and daughters of lawful permanent resident.
- In addition, guideline for extreme hardship is also clarifies.
Upon issuance of new guidelines and regulation.
Modernization of nonimmigrant program is the most aggressive, progressive and innovative part of the President plan. Unfortunately, this part is nebulous as of now.
The president intends to direct immigration agencies to work with the Department of State to encourage and attract foreign entrepreneur to do business in the U.S. free of immigration hassles.
Such an ideal requires efforts to, for instance,
- Remove any procedures that result in unnecessary adjustment delays for nonimmigrant workers and
- Case-by-case authorization of parole for investors who have procured financial backing in the U.S. or hold otherwise promising prospect for new technology or cutting-edge research.
Please stay tuned for further updates.