NEW IMMIGRATION EXECUTIVE ACTION BY PRESIDENT OBAMA
On November 20 and 21, 2014, President Obama announced his "immigration accountability executive action," which includes a series of measures that are first steps towards common-sense reforms to an outdated immigration system. The series of executive actions presented by the administration range from new temporary immigration protections for many unauthorized parents of U.S. citizens and lawful permanent residents to highly technical regulatory proposals to fix outdated visa provisions. The series of changes, updates, and temporary measures relies on the expansion of successfully implemented programs, enhanced efforts to coordinate immigration enforcement and benefit policies across agencies, and attempts to use immigration as a tool of economic and social change. At the same time, the policies reflect the limits of executive authority, in many cases offering temporary respites until Congress definitively acts to reform the law. The regulation should be officially enacted at the beginning of 2015.
Parole of Spouses, Children and Parents of Active Duty Members of the U.S. Armed Forces, the Selected Reserve of the Ready Reserve, and Former Members of the U.S. Armed Forces or Selected Reserve of the Ready Reserve.
USCIS has just announced that undocumented individuals who entered the United States without inspection and are the Spouses, Children and Parents of Active Duty Members of the U.S. Armed Forces, the Selected Reserve of the Ready Reserve, and Former Members of the U.S. Armed Forces or Selected Reserve of the Ready Reserve may be eligible for Parole in Place. If the Parole in Place is granted then those undocumented individuals may be eligible to legalize their status.
DOMA (Defense of Marriage Act) declared unconstitutional by the United States Supreme Court
Same-sex couples who legally marry in the United States or abroad may now be eligible for immigration benefits. In other words, a United States Citizen spouse may apply for a green card for their same-sex spouse.
I-601A Waiver for Unlawful Presence
Beginning March 4, 2013, certain immigrant visa applicants who are spouses, children and parents of U.S. citizens (immediate relatives) can apply for provisional unlawful presence waivers before they leave the United States. The provisional unlawful presence waiver process allows individuals, who only need a waiver of inadmissibility for unlawful presence, to apply for a waiver in the United States and before they depart for their immigrant visa interviews at a U.S. embassy or consulate abroad.
DACA - Deferred Action for Childhood Arrivals
Effective immediately, certain young people who were brought to the United States through no fault of their own as young children and meet several key criteria will no longer be removed from the country or entered into removal proceedings. Those who demonstrate that they meet the criteria will be eligible to receive deferred action, which includes, employment authorization, social security and driver’s license, for a period of two years, subject to renewal.
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