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Immigration News & Updates eNewsletter
POSTING DATE: NOVEMBER 24, 2014
This Week's Immigration News
Immigration News & Updates eNewsletter © 2011 - 2014
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Questions & Answers
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Question: For the parents of us citizen in the new programe if parents already have the final order of deportation still they are eligible to apply or not could you please tell me. thanks?
Answer: Yes, Parents with final orders of deportation are eligible under the new Deferred Action Parent (DAP) status program.Let us know if you would like our Firm to handle obtaining your Deferred Action Parent (DAP) status.
Parents of U.S. Citizens and U.S. Residents: The program for Parents of U.S. Citizens and U.S. Residents, called Deferred Action Parents (DAP) is tentatively scheduled to begin next year in the Spring.
In order to qualify Parents will be required to:
1) Have a U.S. Citizen or U.S. Resident (Green Card holder) child born before November 20, 2014 AND
2) Have been in the U.S. continuously for at least 5 years since January 1, 2010. (Parents who left the U.S. briefly may still have a chance to qualify).
3) Not have been convicted of a serious criminal offense, felony or major or multiple Misdemeanors (**options are still available for some convictions, we will review and provide legal advice based upon your circumstances) and
4) File taxes in the “future” once the Parent obtains Deferred Action status. There is no requirement for the filing of taxes in the past)
Dreamers under the new Childhood Arrivals Program: The new program for DREAMERS under (DACA) has expanded eligibility by moving the “date of entry” requirement up three years from 2007 to January 1st, 2010 and totally eliminating the maximum age limit. This program is scheduled to begin in the next few months.
In order to qualify, Dreamers are required to:
1) Have been inside the U.S. since January 1, 2010 AND
2) Have entered the U.S. before age 16 AND
3) Have either graduated High School, have a GED or be currently enrolled in school at the time of application. That means legally registered in school, even if it is a GED prep program or have honorably serviced in the Military.
4) Not have been convicted of a serious criminal offense, felony or major or multiple Misdemeanors (**options are still available for some convictions, a qualified immigration attorney can review and provide legal advice based upon your circumstances).
5) There are no limits on your current age, as long as you have been living continuously in the U.S. on or before January 1, 2010 and you were under age 16 when you originally entered the U.S..
Spouses and Children of U.S. Residents: The new program will also expand the availability of waivers for unlawful presence (called “ I-601 Waivers”) to include spouses and children of U.S. Residents (Green Card holders).
This measure is also expected to ease the requirements making it easier for family members to gain approval.
Family Members of Military Applicants: The current program called “Parole in Place” will be expanded to include the families of individuals who apply to enlist in the armed forces.
This measure is expected to counterbalance the policy of some branches of the military which prohibit the enlistment of applicants who have undocumented family members.
Investors/Entrepreneurs/Business sponsored Immigrants:
On the business Immigration side, the program is expected to benefit Foreign Investors and Entrepreneurs by allowing certain investors to remain in the U.S. and those outside, to be given permission to enter and stay in the U.S. in order to facilitate the creation of jobs and to help the U.S. economy.
Another benefit of the plan will also allow certain entrepreneurs, researchers, inventors, and founders will be eligible for “National Interest Waivers” to make it easier to obtain residency without the need to go through the lengthy Labor Certification process. Another aspect of the program will allow certain Employment-based Immigrants waiting in the visa line to apply for Adjustment of Status during the process, enabling workers and their spouses to obtain work and travel permits while waiting for a visa to be available. Certain Spouses of H-1B workers will also receive Employment Authorization, which will be implemented in early 2015.
Academic STEM Students:
Students in certain Master’s and Bachelor’s educational programs called STEM (Science, Technology, Engineering and Math) will also benefit by receiving extended work permits.
Immigrant Visa system:
Modernizing the Immigrant Visa system for families and employment-based Immigrants to utilize Immigrant visas which were not used in the past and change the methodology of counting Immigrant Visas. This could potentially add thousands of visa back into the line.
Read more about the new “Immigration Accountability Executive Action” program:
Question: Me and my daughter who is 16 years old now and currently at 3rd year high school came here by tourist visa last May of 2008. Then I got pregnant and gave birth to a baby boy August of 2009. I hope you can give me an advice if we are qualified for the new immigration law. Thank you so much again.?
Answer: Yes, according to your circumstances, since you came to the U.S. in 2008 and you have a U.S. Citizen son, you are eligible. Let us know if you would like us to handle obtaining your Deferred Action Parent Status.
Question: I came into the U.S. in May 2010 and I my 11 yr old daughter got her green card through her father's American wife last year. Will I qualify for the program once I've been here for 5 years?
Answer: According to the newly announced program, no, this action only applies to Immigrants who qualify by having entered the U.S. on or before January 1, 2010. However, Congress is likely to pass some type of Immigration reform in the future which should allow you to legalize your status.
Question: I am the step father of a Green Card holder. My stepdaughter is 15 years old and lives with her mother and I. Do you know if I can get my work permit under the immigration reform? Thanks.
Answer: Immigration regulations provide that a step-parent who marries a child's biological parent before the child reaches age 18 is considered to be the child's parent for Immigration purposes. There is no reason to believe that the law will not be applied for stepparents of U.S. Citizens and Residents under President Obama's Executive Action. So, yes, I believe you will qualify and be able to obtain your Deferred Action Parent DAP status once the program is implemented.
Question: I heard on tv that I have to prove that I paid taxes so that I can get into the new immigration program. But I never had a social security number, so I never could file taxes or even get my drivers license. How is somebody like me going to be able to enroll when I don't have tax returns? Can I do them now without a social security number?
Answer: During a teleconference with the Whitehouse before the President's Immigration Executive Action announcement last week, officials briefed Immigration attorneys and other Immigration advocates on some details of the new program. In answer to questions about the tax return requirements, officials told us that the program would only require that Immigrants file tax returns going forward in the future - after being granted Deferred Action status. So for now it appears that many reporters and other professionals are misinformed and misreporting requirements which are not accurate. In your case, don't worry, as long as you otherwise qualify, you don't need to prove that you have filed tax returns in the past, just that you file all your tax returns in the future.
Question: My wife and I came to the United States back in 2006 and when my US citizen sister filed to sponsor me, we decided to stay, without understanding the consequences. Now we have been here all this time without a social security # and drivers license, it is very difficult. Now my question is, my wife is pregnant and our daughter is scheduled to be born in January 2015. Since my wife is pregnant as of the date of the presidents speech, does that make us qualify for the immigration reform even though she won't be born until next year ? Thank you.
Answer: Yes, you and your wife are experiencing some of the same difficulties that millions of Immigrants face when they come to understand that overstaying in the U.S. means that they are unable to obtain a social security card and driver's license in some staates like Florida without legal status. Using the information from the Whitehouse meeting and fact sheets prepared by the Administration, I believe that the pregnancy alone will not make you eligible once the baby is born in January. I hope I am wrong, but given the strict conditions of these types of policies, I think that it is safe to say that only U.S. Children born on or before November 20th will confer eligibility on Parents. I will let you know if the policy guidence proves otherwise. Take Care.
Overview of the President’s New Immigration Executive Action Program – Who Qualifies?
The “Immigration Accountability Executive Action” Program
Officially called the “Immigration Accountability Executive Action”, the new Executive Action program announced by the President on November 20th, 2014, will provide temporary legal status and work authorization to Immigrant Parents who have U.S. Citizen or Resident children (born before November 20th 2014) and expanded eligibility to include more DREAMERS.
These reforms will allow qualifying immigrants to work legally and obtain a valid Social Security card, drive, attend school, join the military and live the American Dream for three (3) years - while waiting for Congress to officially pass a law which will provides a permanent Comprehensive Immigration Reform.
These two programs alone are estimated to benefit some 4.4 million Immigrants. Those left out of the new program include Parents of Dreamers, Spouses and Minor Children of U.S. Citizens and Residents and millions of other undocumented Immigrants – must continue to wait for Congress to act. Here’s some highlights of the new program for DREAMERS: