Latest News on Obama Immigration Reform Laws (2014)
Oklahoma City Immigration Lawyers
As many of you are aware, President Obama is pushing for comprehensive immigration law reform. Although the specific requirements are still unknown, we are hopeful that these new immigration reforms will provide legal status to millions of illegal immigrants and eventual citizenship. We will keep you updated on the immigration law changes until the new bill passes and becomes law.
New Deferred Action for Childhood Arrivals (DACA) begins on February 18, 2015
As announced earlier, Obama's new Deferred Action for Childhood Arrivals (DACA) program has an official start date of February 18, 2015. This new DACA program expands the old DACA program by making the requirements less stringent. Under the new DACA program, individuals have to had continuously resided in the United States from January 1, 2010 till present. The old DACA program required person to have resided in the United States from June 15, 2007. This new DACA program will allow eligible persons to receive an employment card which will allow them to obtain a valid social security number and state driver's license. For more information and requirements of the new DACA program, please visit our Deferred Action page.
Obama Passes New Immigration Laws using Executive Power(November 20, 2014)
President Obama took the initiative to pass immigration laws without the approval of congress. Throughout the last few years, Congress had stopped several potential immigration reforms and amnesty from taking effect. As such, President Obama took the initiative to use his executive powers to make several changes to immigration law on his own accord. Here are the summary of the changes:
- Deferred Action for Parents (DAPA) of U.S. Citizen or Permanent Resident Children
- Deferred Action for Childhood Arrivals (DACA) has been Expanded
- ICE Enforcement Priorities
- I-601A Provisional Hardship Waiver has been Expanded
- The Parole-in-Place (PIP) Program has been Expanded
- Changes to Business Law under Immigration Law
Parents of U.S. citizen or permanent resident children will be eligible to receive deferred action status. Basically, any eligible persons will be allowed to receive an employment card (including social security number and state driver's license) along with a promise to not be deported for 3 years (so long as the person does not commit any deportable crimes during the 3 year period). In order to be eligible, a parent will have to meet the following requirements: (1) resided continuously in the United States since January 1, 2010 till present; (2) pass background checks (no major criminal convictions); and (3) pay back taxes. We will know more about the exact requirements in the upcoming weeks of any additional requirements. DAPA should be up and running in 180 days. Please note that parents of DACA children will not be eligible for this program (please see below for more information on DACA).
In addition DAPA, Obama expanded the previously passed relief for childhood arrivals in the United States. For more information on provisional waiver, please visit our Deferred Action page. Previously, a person had to be continuously present in the United States from June 15, 2007 till present. Under the new changes, a person only needs to be present in the United States from January 1, 2010 till present rather than June 15, 2007. DACA will also provide deferred action for 3 years. This expanded DACA should be up and running in 90 days.
Previously, Obama had enforced Immigration and Customs Enforcement (ICE) memos on prosecutorial discretion and enforcement priorities. Those memos will be replaced by a new memo with top priorities to deport the following persons: (1) suspected terrorists, convicted felons, (including aggravated felons), convicted gang members, and persons arrested at the border; (2) persons convicted of serious or multiple misdemeanors and recently entered the United States illegally (who entered after January 1, 2014); and (3) persons who failed to leave under a removal order (after January 1, 2014) or returned after removal. The new memo will also include strong language of those who will be allowed to remain in the United States with the use of prosecutorial discretion.
The I-601A provisional hardship waiver was introduced last year which allowed persons married to U.S. citizen spouses to apply for extreme hardship waivers inside the United States without having leave. For more information on provisional waiver, please visit our Provisional Waiver page. Now the I-601A provisional waiver has been expanded to include spouses and children of lawful permanent residents. Further, in the upcoming weeks or months, a more clear definition of "extreme hardship" is also expected.
In 2013, the Parole-in-Place program allowed parole for spouses, children, and parents of active duty members of the U.S. Armed Forces, Selected Reserve of the Ready Reserve, and Former Members of the U.S. Armed Forces or Selected Reserve. For more information on provisional waiver, please visit our Citizenship through Armed Forces page. Essentially, this program allows eligible persons to become permanent residents even if they entered the United States illegally. Now the PIP program will be expanded to include families of individuals who are trying to enlist in the armed forces (due to the fact some branches of the Armed Forces do not allow applicants who have undocumented family members).
There are several notable changes to employment based immigrants. First, given the lengthy quota backlogs, persons who have an approved employment-based immigrant petition will be advanced to allow them to obtain benefits of the pending adjustment of status. Further, the national interest waivers (EB2) can potentially be expanded to include entrepreneurs, researchers, and inventors. Further, inventors will be allowed to parole in the United States or for parole-in-place (PIP). Finally, the length of time for optional practical training) for STEM graduates will be extended and the term "same or similar occupation" for AC-21 purposes will be more clearly defined.
Although the new laws does not include any form of amnesty or a pathway to citizenship, it's a good end to 2014. We hope there are more changes in the upcoming future. We will keep you posted of any further developments.
Bad News for Immigration Reform Due to Federal Shutdown (November 11, 2013)
Just when we expected Congress to pass comprehensive immigration reform, it seems Congress has changed its focus from immigration reform to tax dollars. As you are most likely aware, the federal government was shutdown from October 1, 2013 to October 16, 2013 as Congress could not agree on a budget for the fiscal year of 2014. This has unfortunately forced immigration reform to take a step backward as Congress works out the federal budget; including, but not limited to, Obamacare.
We are extremely disappointed with these recent development but hopeful that immigration reform will soon come to the forefront again. The good news is rumors still persisting on the immigration reforms. These rumors include the KIDS Act whereby younger immigrants who were brought into the United States as children would be allowed to apply for citizenship. Only time will tell what actual immigration reforms will pass. We will keep you updated with any further developments.
Same Sex Marriages are granted Immigration Benefits (updated June 26, 2013)
On June 26, 2013, the Supreme Court essentially granted gay and lesbian partners the same immigration benefits as heterosexual partners. Most importantly, for immigration purposes, U.S. citizen partners will be able to apply for permanent resident cards (green cards) for his or her same sex spouse. For more information, please visit our Same Sex Marriages page.
Immigration Reform News Update (May 1, 2013)
According to Senator Marco Rubio, it seems the April 2013 proposed bill will not likely pass the House of Representative.
There will need to be slight adjustments to the currently proposed bill to pass. This was somewhat expected given that
the April 2013 proposed bill was the first major immigration proposal bill. Currently, the major hurdle in passing the bill
is the need for stronger provisions on border security. We are hopeful that with a few minor tweaks to the current proposed
bill, the bill will gather more support from Congress.
If you are looking for affordable immigration attorneys with experience, dedication, and understanding, call us today at 405.600.9910. Free consultation available.
Immigration Reform News Update (April 16, 2013)
A group of senators led by Senator Marco Rubio revealed a proposal that would allow illegal immigrants to obtain "provisional"
legal status. This will include people currently covered under the Dream Act. Under the proposed bill, the illegal immigrants
must have come to the United States before December 31, 2011 and must not have been convicted of a "serious" crime in the
United States. Further, for those who qualify for "provisional" legal status would be able to obtain Permanent Resident
status after 10 years. Once obtaining Permanent Resident status, it would take another 3 to 5 years obtain citizenship.
Although "provisional" legal status would not necessarily entail Permanent Resident status immediately, it would provide
many benefits; namely, receiving a social security number, work authorization, and the peace of mind from being deported.
Immigrants who were previously deported but were physically present in the United States prior to December 31, 2011 may be able to apply for re-entry. However, this provision will only apply to immigrants who were deported because of crime.
The proposed immigration bill would also expand the number of low and high skilled immigrant laborers. For example, the 65,000 cap for H-1B visa will be increased to 110,000.