New DACA guidelines to be implemented Feb. 20, 2015

BY now most people already know that President Obama unveiled numerous executive proposals, which will provide deportation relief to many hardworking immigrants, documented and undocumented.  The proposals are also aimed at securing our borders and ensuring that dangerous criminals are a top priority in deportation.  We expect that approximately 5 million illegal immigrants will benefit from President Obama’s executive order.
The most anticipated relief is Deferred Action for Parental Accountability (DAPA).  DAPA will allow parents of US citizens that are not enforcement priorities who have lived in the United States since January 1, 2010 to remain in the United States with work authorization for three years.  The President stated that this portion of his executive order would go into effect 180 days from the date of his announcement, and we hope that everything will be ready by May.
Additionally, the President announced an extension to Deferred Action for Childhood Arrivals (DACA) to include any child that entered the US before their 16th birthday before January 1, 2010, whereas before they had to have entered prior to June 15, 2007. Also, the age requirement that a person have not yet turned 31 years of age by June 15, 2012 is no longer part of the equation. This means that those people who previously could not apply because they were already 31 years old but meet all other requirements will now be able to apply. This will allow many more people to be included in the DACA program.
The immigration service announced that they will begin receiving applications under the new revised DACA guidelines February 18, 2015. However, parents of US citizen or permanent resident children wanting to apply for DAPA will likely have to wait until May. Anyone who previously could not qualify for DACA but believes they meet the requirements of the revised guidelines should contact our office right away to confirm eligibility and begin preparations to file.
No one should ever simply assume that they qualify for DACA. There are still many issues that should be considered before one applies for DAPA or DACA.  Do you have a DUI? What is your criminal background? Do you have prior deportation orders? These are only some of the questions that must be assessed and analyzed by a competent legal counsel before applying for new immigration relief.
Immigration consultants and notarios are in business to make money without ethical responsibility.  While they often charge less than immigration attorneys, they rarely have their non-immigrant clients’ interests at heart.  Notarios often prey on the naïve non-immigrants and frequently make promises and assurances, which rarely can be kept.  They lure in unsuspecting immigrants by charging lower fees and promising fast results.  Once the non-citizens sign up, they learn quickly that more fees and charges await them, as consultants will often charge additional fees for very simple tasks.   Most importantly, these consultants are not attorneys.  Their grasp of nuanced immigration laws is dubious and often inadequate.
Now is the time to come and meet with one of our expert immigration attorneys to begin preparing to submit DACA applications under the revised guidelines. Always consult with a qualified immigration attorney prior to making decisions or submitting applications for immigration benefits.
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. We will be filing DACA applications as soon as permitted by the government, and encourage everyone to schedule a consultation with us as soon as possible.  We have office conveniently located in Orange, Riverside, Sacramento, San Francisco and Salt Lake City.  Schedule your free consultation today.

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Kelly O’Reilly is a nationally known immigration expert and former immigration officer. He is a highly sought after speaker on immigration and employment compliance issues.  Mr. O’Reilly serves as the current chair of the Riverside County Bar Association Immigration section and is a partner in the full-service immigration firm of Wilner & O’Reilly where he provides free consultations. Mr. O’Reilly can be contacted at (562)207-6789 or he welcomes email inquiries at [email protected].

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