A SIMPLIFIED EXPLANATION
This morning I walked into the office and was handed a stack of phone messages from prospective clients calling in regard to President Obama’s Executive Action on Immigration that was announced last night.
Although it will temporarily help 5 million undocumented immigrants, it is not the comprehensive solution that currently lies dormant in Congress and specifically the House of Representatives.
This Executive action is not Amnesty, and does not grant any legal residency or a pathway to citizenship. It only grants the applicant the ability to obtain a work authorization, driver’s license, and remain free from deportation for a period of three years. It could be renewed for an additional three years through additional executive action. As I explain to my client’s, you will neither be in heaven or hell, but will walk in a state of legal limbo. Most likely these applicants will be given priority in applying for any amnesty plan that is passed by Congress in the future.
Although there are many facets to this plan, I am going to explain the two primary groups that will benefit from this Executive order.
The First group will be Parents of Legal Permanent Residents or United States Citizens. The program will be called Deferred Action For Parents (DAP) and has the following requirements:
1. You are the parent of a child that is a United States Citizen or Legal Permanent resident;
2. You have been in the United States prior to January 1, 2010;
3. You have not been convicted of a crime
The Second group will encompass an expansion of the current (DACA) Deferred Action For Child Arrivals better known as “DREAMERS. This program will maintain many of the same requirements as DACA, including:
1. Proof the applicant entered the US prior to their 16th birthday;
2. The arrival was prior to January 1, 2010;
3. There has been no criminal conviction;
As to the requirement of having attained a GED or HS diploma, we will need to await the finalized rules as these will be promulgated by the USCIS.
Right now, it is expected to take at least six months until the USCIS will be able to accept applications under this new Executive Order. The most important component to these applications will be documentation, and the sooner you can get started in compiling this documentation, the sooner your application be submitted when the program begins accepting applications.
I am encouraging my current and prospective clients to call and schedule a consultation so that we can review your personal details and advise you as to the documentation you will need to compile for the application.
Tel: (954) 522-4058: