THEY have been waiting for this for so long—perhaps for twenty years. Many kababayans living in the United States without legal status, those who entered the country unlawfully, or those who overstayed, may now be spared from deportation, at least temporarily, thanks to President Barack Obama’s executive order while waiting for Congress to pass a comprehensive immigration reform bill.
The president’s executive action is NOT amnesty, as the White House explains, but a temporary unilateral measure the Obama Administration will be implementing so that many families will not be torn apart. Not all Filipino families will be spared of deportation, as only those who qualify under eligibility requirements stipulated below, will benefit from this temporary relief.
Contrary to misconceptions about these initiatives, they do NOT benefit ONLY the undocumented immigrants. These measures hope to attract the best and the brightest workers to stay in America, help create jobs and grow the economy, while seeking to deport those with criminal records and who are threats to national security. They hope to reward those who followed the laws and are here legally by making it easier and more affordable for them to be naturalized and enjoy all the benefits and privileges of being American citizens.
The White House stresses that “these bold initiatives have not yet been implemented, and USCIS is not accepting any requests or applications at this time. Beware of anyone who offers to help you submit an application or a request for any of these actions before they are available. You could become a victim of an immigration scam” (Will be shared further next week).
The United States Citizenship and Immigration Services has published the following details about President Obama’s executive action. Find out if you or a family member are among those who qualify. (http://www.uscis.gov/immigrationaction#1)
Deferred Action for Childhood Arrivals (DACA) program
WHO: Current DACA recipients seeking renewal and new applicants, including individuals born prior to June 15, 1981, who meet all other DACA guidelines.
WHAT: Allows individuals born prior to June 15, 1981, to apply for DACA (removing the upper age restriction) provided they meet all other guidelines.
• Requires continuous residence in the United States since January 1, 2010, rather than the prior requirement of June 15, 2007.
• Extends the deferred action period and employment authorization to three years from the current two years.
WHEN: Approximately 90 days following the President’s November 20, 2014, announcement.
HOW: Go to the Consideration of Deferred Action for Childhood Arrivals (DACA) page for instructions which will be updated over the next several months. Subscribe to this page to receive updates by email.
2. Deferred action for parents of US citizens and lawful permanent residents
WHO: An undocumented individual living in the United States who, on the date of the announcement, is the parent of a US citizen or lawful permanent resident and who meets the guidelines listed below.
WHAT: 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 US 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 Deferred Action for Parental Accountability (DAPA) on a case-by-case basis. Enforcement priorities include (but are not limited to) national security and public safety threats.
WHEN: Approximately 180 days following the President’s November 20, 2014, announcement.
HOW: Subscribe to this page to receive updates by email.
3. Provisional waivers of unlawful presence
WHO: Undocumented individuals who have resided unlawfully in the United States for at least 180 days and who are:
• The sons and daughters of US citizens; and
• The spouse and sons or daughters of lawful permanent residents.
WHAT: Expands the provisional waiver program announced in 2013 by allowing the spouses, sons or daughters of lawful permanent residents and sons and daughters of US citizens to get a waiver if a visa is available. There may be instances when the qualifying relative is not the petitioner.
• Clarifies the meaning of the “extreme hardship” standard that must be met to obtain a waiver.
Notes: Currently, only spouses and minor children of US citizens are allowed to apply to obtain a provisional waiver if a visa is available. For more information about the waivers program, go to the Provisional Unlawful Presence Waivers page which will be updated over the next several months.
WHEN: Upon issuing of new guidelines and regulations.
HOW: Subscribe to this page to receive updates by email.
4. Modernize, improve and clarify immigrant and nonimmigrant programs to grow our economy and create jobs
WHO: US businesses, foreign investors, researchers, inventors and skilled foreign workers.
WHAT: USCIS will:
• Work with the Department of State to develop a method to allocate immigrant visas to ensure that all immigrant visas authorized by Congress are issued to eligible individuals when there is sufficient demand for such visas.
• Work with the Department of State to modify the Visa Bulletin system to more simply and reliably make determinations of visa availability.
• Provide clarity on adjustment portability to remove unnecessary restrictions on natural career progression and general job mobility to provide relief to workers facing lengthy adjustment delays.
• Clarify the standard by which a national interest waiver may be granted to foreign inventors, researchers and founders of start-up enterprises to benefit the U.S economy.
• Authorize parole, on a case-by-case basis, to eligible inventors, researchers and founders of start-up enterprises who may not yet qualify for a national interest waiver, but who:
• Have been awarded substantial US investor financing; or
• Otherwise hold the promise of innovation and job creation through the development of new technologies or the pursuit of cutting-edge research.
• Finalize a rule to provide work authorization to the spouses of certain H-1B visa holders who are on the path to lawful permanent resident status.
• Work with Immigration and Customs Enforcement (ICE) to develop regulations for notice and comment to expand and extend the use of optional practical training (OPT) for foreign students, consistent with existing law.
• Provide clear, consolidated guidance on the meaning of “specialized knowledge” to bring greater clarity and integrity to the L-1B program, improve consistency in adjudications, and enhance companies’ confidence in the program.
WHEN: Upon issuing necessary guidance and regulations.
HOW: Subscribe to this page to receive updates by email.
5. Promote the naturalization process
WHO: Lawful permanent residents eligible to apply for US citizenship
WHAT: Promote citizenship education and public awareness for lawful permanent residents.
• Allow naturalization applicants to use credit cards to pay the application fee.
• Assess potential for partial fee waivers in the next biennial fee study.
Notes: Go to the US Citizenship page to learn about the naturalization process and visit the Citizenship Resource Center to find naturalization test preparation resources. You can also visit the N-400, Application for Naturalization, page.
WHEN: During 2015
HOW: Subscribe to this page to receive updates by email.
(To be continued next week)
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Gel Santos Relos is the anchor of TFC’s “Balitang America.” Views and opinions expressed by the author in this column are are solely those of the author and not of Asian Journal and ABS-CBN-TFC. For comments, go to www.TheFil-AmPerspective.com, https://www.facebook.com/Gel.Santos.Relos
