Immigration: Highlights of President Obama’s Executive Action Announcement
Deferred Action for Parents of US Citizens and Lawful Permanent Residents
Parents of US Citizens and Lawful Permanent Residents will be able to apply for Deferred Action, if they meet certain requirements. They must be in the United States on today’s date (November 20, 2014), and they must have continuously resided in the United States since January 1, 2010. Also, they pass a criminal background check. They will be able to obtain work authorization. Although it is not known exactly when DHS will begin accepting applications, they will start within the next 180 days.
(Note: this does not apply to parents of DACA recipients, only parents of US citizens and LPRs)
Expanded DACA (for Childhood Arrivals)
Under the new DHS memo, DACA is being expanded, so there is no age limit. For example, some childhood arrivals did not qualify because, although they came to the US before their 16th birthday and met the educational requirements, they were too old (over 31). The new DHS memo eliminates the age limit. (However, the memo does not change the educational requirements or the requirement that a person had to come to the US prior to their 16th birthday.)
Also, under the new DHS memo, DACA is being expanded to change the entrance date, so that now it requires that a person came to the US prior to January 1, 2010 (instead of the previous requirement that a person had to come before June 15, 2007). (Again, this does not change the educational requirements and it does not change the requirement that a person had to come to the US prior to their 16th birthday).
Also, the memo does not change the requirement that a person has to be at least 15 years old to apply.
Prior Deportations
Many people have questions about how this affects people with prior deportations. There is nothing in the new memos which helps people come back to the United States who have been deported and are outside the United States.
For people who were previously deported and are in the United States, there might be hope for some: For people who came back to the United States unlawfully prior to January 1, 2010, these people might be able to received Deferred Action if they have kids who are US citizens or Lawful Permanent Residents. HOWEVER, they might not qualify if they have criminal convictions. This will definitely require a case by case analysis.
Here are the links to the New DHS Memos:
New Deferred Action Memo for Parents
New DHS Memo regarding Enforcement Priorities
New DHS Memo expanding Provisional Waiver process
Contact Robert Coughlon, Jr., Immigration Lawyer
Phoenix: 602-636-0800
Riverside: 951-888-1224
