ALTHOUGH the Republican-dominated House of Representatives has passed a bill to reverse President Obama’s recently announced Executive Actions on immigration policy, it appears that the bill is already dead in its tracks. On Friday, January 16, 2015, Senate Majority Leader Mitch McConnell warned House Republicans that he cannot make a “miracle” happen on Immigration. In fact, McConnell said the House Bill will definitely not pass the Senate, adding that “pigs will fly out of my rear end before that happens,” because the Republicans lack the votes necessary to move the bill through the Senate.
Obama announced the Executive Action that has the House Republicans all up in arms on November 20, 2014. The Executive Action will allow parents of US citizens and lawful permanent residents who have been in the country since January 1, 2010, to request deferred action and employment authorization for three years, in a new Deferred Action for Parental Accountability (DAPA) program, provided they pass required background checks.
In addition to providing family reunification to the parents of US citizens and green card holders, Obama’s executive action will expand the population eligible for the Deferred Action for Childhood Arrivals (DACA) program to include young people who came to this country before turning 16 years old who have been present in the US since January 1, 2010, and extending the period of DACA validity and work authorization from two years to three years.
President Obama’s plan also expands the availability of use of “provisional waivers” of unlawful presence to include the spouses and sons and daughters of lawful permanent residents and the sons and daughters of U.S. citizens. The provisional waiver allows an applicant for an immigrant visa who is subject to the “3 and 10 year bar” to obtain a waiver while still in the US prior to departing for an immigrant visa interview abroad. In many cases, individuals who are not eligible to adjust status in the US because of overstay and other violations must appear for an immigrant visa interview to obtain a green card. The Provisional Waiver was originally only available to “immediate relative” spouse and parents of US citizens.|
President Obama’s Executive Action will also modernize, improve and clarify immigrant and nonimmigrant programs to help the economy and create jobs, promote citizenship education and public awareness for lawful permanent residents and provide an option for naturalization applicants to use credit cards to pay the application fee.
As Mitch McConnell acknowledged, there is little in the way of the new Executive Actions taking effect. Even if by some “miracle” the Senate could pass the bill, it most certainly will be vetoed by the President. While the Executive Actions do not go into effect until at least February, Immigrants who believe they may be affected or could benefit from the new Executive Actions plans should consult with a competent immigration attorney for a correct understanding of the rules and avoid “notaries” and “consultants.”
* * *
Daniel P. Hanlon is a California State Bar Certified Specialist in Immigration and Nationality Law and a principal of Hanlon Law Group, PC, located at 225 S. Lake Ave., 11th Floor in Pasadena, California; Tel. No. (626) 585-8005. Hanlon Law Group, PC is a “full-service Immigration Law firm.” E-mail: [email protected] and www.hanlonlawgroup.com.
