IMPORTANT NOTE: At this time, none of President Obama’s new initiatives have been implemented and USCIS is not yet accepting any requests or applications. Beware of anyone saying otherwise, or anyone who offers to help you submit an application who is not an accredited immigration lawyer.
On November 20, 2014, President Obama announced a series of new immigration initiatives available to immigrants currently living in the United States. These initiatives include:
- Reassessing this nation’s deportation priorities. Three groups of people are to become the country’s main deportation priority: (1) suspected terrorists, convicted felons, convicted gang members and people apprehended at the border; (2) people convicted of serious or multiple misdemeanors and those who entered the US after January 1, 2014; and (3) those who were ordered removed after January 1, 2014 or returned after removal.
- Deferred Action for Parents (DAP). This is a new program that will allow parents of US citizens and lawful permanent residents (Green Card holders) who have been present in the U.S. since January 1, 2010, and who pass background checks and pay taxes, to apply for deferred action1, (and work authorization), which will be granted for a three (3) year period.
- Expanding Deferred Action for Childhood Arrivals (DACA). This program is to be expanded to anyone who came to this country without a visa or authorization before turning 16, and who has been present in the U.S. since January 1, 2010. This removes the age restriction of the current program. Also, the grants of work authorization and deferred action through this program will be expanded from two (2) years to three (3) years.
- Expanding Provisional Waivers. The provisional waiver program will be expanded to allow the sons and daughters of U.S. citizens and permanent residents (Green Card) to apply for a a provisional waiver of unlawful presence before leaving the United States.
- Pre-registration for employment based I-485, Adjustment of Status Applications. This upcoming regulation will allow those with an approved employment based immigration petition to pre-register for adjustment of status in order to obtain the benefits of a pending application, while they wait for their priority date to become current.
None of these new initiatives have been implemented at this time. Further guidance will be forthcoming in the coming days and weeks. If you wish to discuss these new initiatives with an experienced immigration lawyer, please contact our office at 617-826-8638 to set up a consultation.
Please check back, as more information becomes available this page will be updated.
1 Deferred action allows an individual to remain in the US without accruing unlawful presence. It is a decision by the Department of Homeland Security not to remove or deport a person. Deferred action does not grant any lawful status nor does it forgive prior unlawful presence. However, those individuals granted deferred action are eligible to apply for an Employment Authorization Document (EAD), commonly known as work authorization.