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FAQs on Obama’s Immigration Initiative

By Humera Subhani Email By Humera Subhani
January 2015
FAQs on Obama’s Immigration Initiative

I meet the qualifications of DAPA (Deferred Action for Parental Accountability), as I have a US citizen child and have been here for over 5 years. What should I do and when can I expect to file?
There is no date set yet for USCIS to release the forms for this application, although we can expect that applications will start being accepted in May 2015. In the meantime, the information and requirements are as follows:
DAPA allows parents to request deferred action and employment authorization if they
• Have continuous residence in the United States since January 1, 2010;
• Are the parents of a U.S. citizen or lawful permanent resident born on or before November 20, 2014; and
• Are not an enforcement priority for removal from the United States, pursuant to the November 20, 2014, Policies for the Apprehension, Detention and Removal of Undocumented Immigrants Memorandum.
Notes: USCIS will consider each request for DAPA on a case-by-case basis.

Documents to Gather (Originals and Copies):
1. Birth certificates of both the US born or LPR (lawful permanent resident) child
2. Birth certificate of parent applying
3. Marriage certificate
4. Proof of parent’s continuous stay in the US for the last 5 years (i.e. tax returns, bank statements, W2s, doctor reports, etc.)
5. Passport copies of parents (valid passport is not required)
6. Any other forms of Picture IDs (i.e. driver’s licenses, state IDs, etc.)

I did not qualify for Deferred Action for Childhood Arrivals (DACA), as I entered after the July 2007 deadline. When and how can I apply under the new Executive Action?
Under the expanded program, announced by President Obama on November 20, 2014, individuals are eligible if they meet the following requirements:
• Entered the country before January 1, 2010;
• Demonstrate continuous presence in the United States since then; and
• Were under the age of 16 at the time they entered.

When first established, DACA required that individuals be under the age of 31 at the time of application, but the new program has no current age limit.

The expanded DACA program will now grant deferred action for three years. Previously DACA granted deferred action for two year periods. Initial DACA applicants and those renewing their status will be eligible for a three-year grant of deferred action and work authorization. USCIS should be ready to receive applications under the new DACA program around February 1, 2015.

USCIS New Website Problems
Following a recent update of the U.S. Citizenship and Immigration Services (USCIS) website, online case status information for some cases has temporarily become unavailable, and some outdated or inaccurate case status emails are being sent. USCIS is working to correct these problems. Applicants should be aware that these are just technical issues and there may be no problem with their cases.

**Disclaimer: These questions are of a general nature. Always consult an immigration lawyer to explain the details of your case before making any immigration-related decision.


VISA PREFERENCE NUMBERS FOR January 2015

 

FAMILY

India

Pakistan/Bangladesh

1st

08Jul07

08Jul07

2A

15Apr13

15Apr13

2B

01Apr08

01Apr08

3rd

22Dec03

22Dec03

4th

22Mar02

22Mar02

 

 

EMPLOYMENT

India

Pakistan/Bangladesh

1st

Current

Current

2nd

15Feb05

Current

3rd

15Dec03

01Jun13

Other

15Dec03

01Jun13

4th

Current

Current

5th

Current

Current1B

 


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