Presented by:

David H. Nachman, Esq.

Nachman, Phulwani, Zimovcak (NPZ) Law Group, P.C. (VISASERVE)

On November 20, 2014, President Obama announced a series of

executive actions to:

1) Crack down on illegal immigration at the border;

2) Prioritize deporting felons not families; and

3) Require certain undocumented immigrants to pass a criminal background

checks and pay taxes in order to temporarily stay in the U.S.

The Executive Action package is very broad and touches many aspects of

immigration law.

We provide a more detailed breakdown of the different initiatives the

government plans to implement in the near future. (this initiatives have not

yet been implemented, and there is currently no application procedure

available)…

U.S. Citizenship and Immigration Services (USCIS) will

create a new deferred action process, granting deferred

action to eligible Parents of U.S. Citizens and Lawful

Permanent Residents.

The U.S. Citizen or lawful permanent resident child must

have been born on or before November 20, 2014.

Includes step-children, if the marriage between the biological parent and step-parent occurred prior to the child’s turning 1, and adopted children, if the adoption took place prior to the child’s turning 16.

The parents must have been continuously present in the U.S. since January 1, 2010.

The parents must have been unlawfully present in the U.S. on November 20, 2014 and on the date the application is made.

The parents must learn English.

The parents must Pay Taxes Going Forward.

The parents must also not be an enforcement priority for removal from the United States. Individuals with removal/deportation orders issued on or before January 1, 2014 will not be a priority for removal.

The parent will be ineligible if convicted of a Felony, a

Significant Misdemeanor or 3 or more Misdemeanors.

* Not Misdemeanors: Traffic Violations including Driving

without a License.

Expunged and Juvenile convictions may not be

Disqualifiers.

Public Safety Threats Cannot qualify for DAPA – Gang

Membership & Criminal Activities.

If DAPA is granted, the applicant will receive

employment authorization for three years,

provided they pass required background checks.

Applications will be accepted starting on

May 20, 2015.

Expands DACA to young people who came to the U.S. before

turning 16 years old.

Have been present in the U.S since January 1, 2010 (continuous

presence requirement has been shortened from June 15, 2007).

The expanded DACA initiative allows individuals born prior to

June 15, 1981, to apply for DACA (removing the upper age

restriction), provided they meet all other guidelines.

The government plans to extend the period of DACA

and work authorization from two years to three years.

This initiative is expected to be implemented

approximately 90 days following the announcement

(February 20, 2015?).

I-601A provisional waivers of unlawful presence will be

expanded to include the spouses and sons and

daughters of lawful permanent residents and the sons

and daughters of U.S. citizens.

USCIS will provide guidance on the meaning of the

“extreme hardship” standard that must be met to obtain

a waiver of inadmissibility.

Establishing an interagency worksite enforcement group to identify policies and procedures that promote consistent enforcement of federal labor, employment and immigration laws to protect U.S. workers.

Secured Community Program (SCP) is being revamped and will now be a new Priority Enforcement Program (PEP) consistent with Enforcement Priorities at the Border.

Provide work authorization to the H-4 spouses of certain H-1B visa holders.

(may be soon)

Provide clearer guidance on the meaning of “specialized knowledge” to bring

integrity to the L-1B program. This is likely to be done by policy memorandum.

STEM OPT Reform. (increase number of STEM categories?, increase time for

STEM extension).

Visa Bulletin Reform. (use all unused visas and take only for primary

beneficiary)

New Parole For Researchers, Inventors And Entrepreneurs.

Clarify the standard by which a National Interest Waiver (NIW) may be granted.

Modernize the PERM. (recruitment process)

Clarify portability provisions of AC-21.

USCIS will issue guidance clarifying that the holding in

Matter of Arrabally-Yerrabelly (that travel on AP is not a

“departure” within the meaning of INA Section 212(a)(9)

(B)(i) and therefore does not trigger the 3/10 year bars

for unlawful presence) applies to all cases, not just the

specific fact pattern in Arrabally.

This initiative would expand the PIP program for Families of U.S. Armed Forces Members and Enlistees to encompass spouses, parents and children.

USCIS will further consider the availability of Deferred Action for certain undocumented family members.

Initiative to promote citizenship for lawful permanent residents by providing applicants to use credit cards to pay the application fee.

Increase Public Awareness about obtaining citizenship.

USCIS will add three criminal activities to the

list of qualifying crimes for U and T visa

status: Extortion, Forced Labor, and Fraud in

Foreign Labor Contracting.

DOL will be able to certify U visa applications for

individuals whose employers have abused them.

Threats to national security, border security, and public safety.

Individuals convicted of significant misdemeanors, or three or more misdemeanors arising out of three separate schemes.

New immigration violators, including people who entered unlawfully after January 1, 2014.

People who have significantly abused the visa process. Individuals with other immigration violations, including

those who have been issued a final order of removal on or after January 1, 2014.

Documents to prove identity – passport, birth certificate, school ID, state ID, military ID,

etc.;

Documents to prove physical presence and entry – I-94, passport stamp, travel

itinerary, boarding pass, tax returns, employment records, medical records, school

records, etc.

Criminal records (if applicable) – police records, charging documents, plea, disposition,

termination of probation, etc.;

Immigration records – if you do not have your immigration records, they can be obtained

from the government through a Freedom of Information Act (FOIA) request which can take

several months; and

Documents to prove relationship to and status of qualifying relative – for example,

birth certificates of U.S. Citizen children, proof of permanent residence, marriage

certificate, U.S. passport, U.S. naturalization certificate, etc.

Bill Proposed in the House to Block the President's Actions.

Federal Court Suit to Enjoin the President's Actions.

Budget Leverage - Threat to Shut-down Funding for USCIS.

CIR to Be Proposed in New Year by Republican Congress.

Individuals who claim that they can file an application

pursuant to Obama’s Executive Action now are likely

attempting to defraud you. The initiatives have not yet

been implemented.

Make sure you contact a qualified Attorney who will be

able to guide you..

Remain informed and know when the application process

starts. Subscribe to www.visaserve.com to get updates.

Questions?

Please contact our office for further information:info@visaserve.com

201-670-0006 (ext. 107)http://www.visaserve.com