The first of the new executive actions to go into effect this year, the #DACAII program expands the population of eligible applicants for #deferredaction and #workauthorization to include young people who came to this country before turning 16 years old who have been present in the US since January 1, 2010, and extends the period of DACA validity and work authorization from two years to three years.
DACA II eliminates the age “ceiling” restriction of the first DACA, which made ineligible any person who had already reached the age of 31 as of the program’s effective date. Under DACA II, the age of the applicant at the time of filing is not relevant, only the age at which the person first arrived in the US is important. USCIS anticipates that it will receive thousands of applications as soon as the filing period commences on February 18, 2015.
In addition to expanding the DACA program, the #ExecutiveActions will allow also allow parents of U.S. citizens and lawful permanent residents born on or before November 20, 2014, who have been in the country since January 1, 2010, to request deferred action and employment authorization for three years in a new #DeferredActionforParentalAccountability (#DAPA) program, provided they pass required background checks. This “DAPA” program is scheduled to become effective in May 2015.
Under the 2014 #ExecutiveAction initiatives, eligibility for “ #provisionalwaivers ” of “ #unlawfulpresence ” for #greencard applicants has also been expanded to include the spouses and sons and daughters of lawful permanent residents and the sons and daughters of U.S. citizens. The #provisionalwaiver allows an applicant for a green card who is subject to the “3 and 10 year bar” to obtain a waiver while still in the US prior to departing for an #immigrantvisa interview abroad. In many cases, individuals who are not eligible to adjust status in the US because of #overstay and other violations must appear for an #immigrantvisainterview to obtain a green card. The Provisional Waiver was originally only available to “immediate relative” spouse and parents of US citizens. The expanded provisional waiver will be available when the USCIS implements its new guidelines this year.
Immigrants who believe they may be affected or could benefit from DACA II or the other new executive action programs should consult with a competent immigration attorney for a correct understanding of the rules and avoid “notaries” and “consultants” in seeking their new status.
#Obama #ImmigrationAction #ExecutiveAction #DACA #DAPA #DeferredAction #Immigration #ImmigrationLaw #ImmigrationRelief #ImmigrantRights #Immigrants #ImmigrantVisas #WorkAuthorization #WorkPermits #EmploymentAuthorization
Washington's top ambassador for the program made a swing through LA to discuss the big changes on the way.
By John Cádiz Klemack
- Casa EsperanzaNon-profit legal services, 2005 - present
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