On November 20, 2014, President Obama unveiled a number of executive proposals, which will provide deportation relief to many hardworking immigrants, documented and undocumented. The proposals are also aimed at clamping down on illegal immigration at the border and prioritizing enforcement efforts to remove dangerous felons and individuals who pose threat to national security and public safety. It is expected that some 5 million illegal immigrants will be able to benefit from the Obama immigration proposals.
On the positive side of the Obama initiatives, there are several worth mentioning. First, the Deferred Action for Child Arrivals (DACA) will be expanded to include more young people who came to the United States before their 16th birthday and have been living in this country since January 1, 2010. These young people now will be given work authorization for 3 years. Second, parents of US citizens and green card holders, who also have been present for the past 5 years, will be eligible to apply for deferred action and employment authorization for the period of 3 years. Third, the policy of granting deferred action and parole-in-place privileges will be expanded to spouses, children, and parents of those who are seeking to enlist in the US Armed Forces. Four, the individuals applying for provisional waivers of unlawful presence will now also include the spouses and sons and daughters of lawful permanent residents and the sons and daughters of US citizens. Fifth, new policies will be added to promote hiring and retention of highly skilled and talented foreign workers
The above proposals are exciting and will bring much anticipated relief to those who qualify. The expectation is that they will implemented incrementally and become effective in the early part of 2015. Some initiatives will be relatively easy to adopt and put into effect. Some will likely take more time, depending on the level of complexity and logistics.
However, it is imperative to keep in mind that nothing is in place today. There has been no announcement as to the starting date for the application process. This is of vital importance so potential beneficiaries do not get fooled or taken advantage by unauthorized immigration practitioners and consultants, especially if they are encouraging individuals presently outside the United States to enter illegally and stay. As the Obama deferred action does require physical presence in the United States for the past 5 years for potential applicants, those who illegally arrived to this country recently or will arrive in the near future will be subject to removal.
While we are awaiting the specific guidelines and implementation of the Obama proposals, now is a good time to seek advice from competent and licensed immigration attorneys who specialize in immigration law. They will assist you in assessing your eligibility for the proposals or any other immigration relief. They will also help you get ready so your documentation is in order when the effective date of the Obama initiatives is announced.
At Wilner & O’Reilly, we specialize in the practice of immigration law. We have board certified specialists, former immigration officers, and experienced licensed attorneys to help you achieve your immigration goals and we will be happy to do so. Please do not hesitate to schedule your free consultation today.
