On November 20, 2014, President Obama announced a series of executive actions that would benefit certain classes of aliens. In the coming months, USCIS will come up with guidance in implementing these policies.
DACA expanded
Deferred Acton for Childhood Arrivvals (DACA) has been expanded to include individuals born prior to June 15, 1981 provided they meet all other DACA quidelines. The required continued residence in the US is from January 1, 2010 instead of June 15, 2007 under the old rules. The executive action also extends the period of employment authorization from two years to three years.
Deferred Action for Parents of US citizen and permanent residents
An undocumented person living in the US on November 20, 2014 who is the parent of a US Citizen or lawful permanent resident is eligible to apply for deferred action and employment authorization if 1) they have continuous residence in the US since January 1, 2010 2) are the parents of US Citizen or lawful permanent resident born on or before November 20, 2014 3) Are not an enforcement priority for removal from the United States.
Provisional waivers of unlawful presence
Undocumented aliens who accumulated at least 180 days of unlawful presence in the US are barred from being admitted back in the US as legal permanent residents for a period of 3 years to 10 years once they leave the US. On January 2, 2013, a new procedure was implemented allowing aliens to apply for a provisional waiver of 3/10 year bar while inside the United States. The waiver only applied to spouses and minor children of US Citizens if a visa is available. The executive action expands this benefit to spouses, sons or daughters of lawful permanent residents and sons and daughters of US citizens.
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Attorney Kenneth Ursua Reyes was President of the Philippine American Bar Association. He is a member of both a Family law section and Immigration law section of the Los Angeles County Bar Association. He has extensive CPA experience prior to law practice. LAW OFFICES OF KENNETH REYES, P.C. is located at 3699 Wilshire Blvd., Suite 700, Los Angeles, CA, 90010. Tel. (213) 388-1611 or e-mail [email protected]; Website kenreyeslaw.com.
