Yesterday, we heard that President Obama is issuing an executive order regarding illegal immigrants. This is very exciting news! Now, how is this new law going to work? This new program which we already refer to as Expended Deferred Action will apply to persons who:
1. Have lived in the United States for at least 5 years at the time of President Obama’s announcement;
2. Have children who were born or are legal permanent residence (LPR) prior to President
3. Pass a criminal background check;
4. Pay fees, taxes and also register.
Individuals who fit the above will be able to apply for work authorization and social security cards. This program is designed to last 3 years; and after 3 years one will have to reapply to extend the deferred status.
In order to prove that one has been in the United States for at least 5 years, one will have to show a document such as a bank statement, credit card receipt, or any other official document that proves that a person has lived here continuously for a period of 5 years. Also, such person will have to prove – through a copy of a birth certificate – that he/she is a parent of United States citizen or LPR.
Additionally, under the so-called Dream Act (DACA program), young people who had been in the U.S. for at least five years, came as children, and met specific education and public safety criteria were eligible for temporary relief from deportation so long as they were born after 1981 and entered the country before June 15, 2007. DHS is expanding DACA so that individuals who were brought to this country as children can apply if they entered before January 1, 2010, regardless of how old they are today. Going forward, DACA relief will also be granted for three years.
The executive order does not apply to parents of Dreamers.
Now the most important question: When will all this be available? The extended DACA program should be available by end of February, early March of 2015. The part of the program that applies to parents of USCs and LPRs should be up and running within 180 days from the announcement, so by May/June of next year.
There are many other provisions of this program, and a consultation with us can help you understand how the program applies to you, your family, or a loved one.
To learn more, please call our office at
The Karlin Law Firm LLP