On November 20, 2014, President Obama announced a series of new Executive Action laws he plans to execute for undocumented individuals in 2015. The new U.S Immigration laws are set to take effect within one hundred and eighty days of this Whitehouse announcement. However, it is important to understand that effective immediately, the announcement provides relief for undocumented foreign nationals currently in U.S. Immigration Court Proceedings.
The Department of Homeland Security has been given guidance to close cases for individuals in deportation-removal proceedings if they qualify for either of the following:
Deferred Actions for Parents (DAPA)
To qualify for DAPA, individuals must demonstrate that they:
• Have, as of November 20, 2014, a son or daughter of any age who is a U.S. citizen or lawful permanent resident;
• Have continuously resided in the United States since before January 1, 2010;
• Were physically present in the United States on November 20, 2014 and at the time they requested consideration of deferred action with USCIS;
• Have no lawful status on November 20, 2014;
• Are not enforcement priorities as defined in the Enforcement Memo. The Enforcement Memo creates three new priority enforcement categories.6
• Present no other factors that, in the exercise of discretion, make a grant of deferred action inappropriate.
Deferred Action for Childhood Arrivals Extended (DACA)
To qualify for the expanded/extended DACA program undocumented foreign nationals will need to show the following:
• Arrived in U.S. before reaching their sixteenth birthday;
• They have resided continuously (without leaving) in the United States since January 1, 2010 up to the current time;
• Individual(s) were physically here in the United States on June 15, 2012, and at the date of requesting possible consideration of deferred action;
• He or she had no lawful status on June 15, 2012;
• Must be currently enrolled in school, have graduated or received a certificate of completion from high school; have earned a General Educational Development (GED) certificate, or are honorably discharged veterans of the Coast Guard or Armed Forces of the United States; and
• Have never been convicted of a felony; a significant misdemeanor; or three (3) or more other misdemeanors; and do not otherwise pose a threat to national security or public safety.
If you or someone you know is currently in deportation-removal proceedings, you may contact our law office for a 20 minute free Pre-Consultation with an attorney or come into our office for our standard consultation. We have different office locations based in the Washington D.C. area and surrounding states which are available at www.scottcclaw.com.
All of our attorneys are members of the American Immigration Lawyers’ Association (“AILA”).
Vassell & LeeRC Law Group
Full Service U.S. Immigration Law Firm
Serving Individuals, Employers, Families & Businesses U.S. Immigration Needs Since 1997