President Obama's Executive Action
Remains blocked by the U.S. Supreme Court
WHAT BENEFITS ARE AVAILABLE?
There are a number of provisions which affect border security, personnel matters, business visas and procedural issues. Two provisions create benefits will affect a large number of people:
I. EXPANSION OF DEFERRED ACTION FOR CHILDHOOD ARRIVALS (DACA)
Under the new provisions, you are eligible for DACA if you:
- Continuously resided in the U.S. since January 1, 2010;
- Were under 16 years of age at the time of entry;
- Graduated from high school, obtained a general education development (GED) certificate, are honorably discharged veterans of the Coast Guard or Armed Forces of the United States, or are currently in school;
- Have not been convicted of any serious crimes; and
- Are at least fifteen years old on the date you apply.
II. DEFERRED ACTION FOR PARENTS OF US CITIZENS AND LPRS
Deferred action will be available to individuals who:
- As of November 20, 2014 have a son or daughter who is a U.S. citizen or lawful permanent resident;
- Have continuously resided in the U.S. since before January 1, 2010;
- Are physically present in the U.S. on November 20, 2014 and when applying for relief;
- Have no lawful status in the U.S. as of November 20, 2014;
- Are not an enforcement priority; and
- Present no adverse factors that would make a discretionary grant of deferred action inappropriate.
CAN I APPLY NOW?
NO. The USCIS should begin accepting applications under the expanded DACA
provisions no later than February 18, 2015.
The USCIS should begin accepting applications for parents of US citizens and
LPRs no later than May 19, 2015.
WHAT CAN I DO TO PREPARE?
Determine whether you are eligible for relief.
Gather documents you will need to show eligibility:
- Birth certificate and a photo identification (ID)
- Passport, school or military ID, identification document from your country
- ny U.S. document with your name and photo, like a driver’s license or state-issued ID
Presence and Residence in the United States From January 1, 2010:
- Proof of presence with dates and addresses using immigration documents, government records, medical records, military records, employment records, religious or community organizations records, insurance policies, tax records, etc.
- Bank receipts, financial records, credit card receipts, money order receipts, rental agreements, rent receipts, deeds, mortgages, utility bills, club memberships, etc.
- Employment history can help provide proof of residence. Record dates, names, and addresses of the places where you have worked.
Relationship to Qualifying Relative:
- Your child’s birth certificate (must also show your name)
- Proof of your child’s immigration status.
Unfortunately, there are people out there scamming immigrants, telling them that they can help them apply today for administrative relief. If someone, whether an attorney or not, tells you that they can help you apply for relief now, walk the other way!
THIS GUIDE IS NOT INTENDED OR OFFERED AS LEGAL ADVICE. These materials have been prepared for educational and informative purposes only. They are not legal advice or legal opinions on any specific matters.