Immigration: What are the Executive Actions announced by the President?

On November 20, 2014 President Obama announced several executive actions regarding new immigration procedures as follows:

Deferred Action for Childhood Arrivals (DACA): The DACA program already exists, but it will be expanded to include any person who was born AFTER June 15, 1981, who came to the US before their 16th birthday, and has had continuous residence in the US since January 1, 2010. Employment Authorization will be granted for 3 years. This amended program is anticipated to begin on approximately 02/17/2015.

Deferred Action for Parental Accountability (DAPA): This is a new program to grant legal presence to parents of US citizen children or parents of permanent resident children (born on or before 11/20/2014), who have resided continuously in the US since January 1, 2010, and are not severe criminals. This new program is anticipated to begin approximately 05/18/2015. Immigration attorneys throughout the US have concerns regarding this program, since those persons who are unable to have children appear to be excluded. Also, whether the program will include step-children remains to be clarified.

Both of the above programs will include those persons currently in ICE custody, individuals who are in proceedings before an immigration court and even individuals with outstanding orders of deportation/removal against them. Neither above process will result in permanent resident status (or green card status). The DACA and DAPA programs are solely a legal presence in the US, and do not afford any type of actual status. Both above programs will be issued for a period of 3 years. Since we will have a new US president in January, 2016, it remains to be seen whether these two programs will be extended, or canceled after the new president takes office.

Unlawful Presence Waivers: This waiver program which already exists will be expanded to include sons and daughters of US citizens and spouses and sons or daughters of permanent residents, even if the qualifying relative is not the petitioner. Scheduled to begin as soon as guidelines are issued

Modernize, Improve and Clarify immigration programs to grow economy and create jobs:

Allocation of additional visas, modification of Visa Bulletin system, clarify portability, clarify national interest waivers, finalize employment authorization for spouses of H-1B visa holders, expand OPT (optional practical training), provide guidance on “specialized knowledge” for L-1B program. Scheduled to begin on issuance of guidelines.

Promote Naturalization: Promote public awareness, allow usage of credit cards for filing fee payments, partial fee waivers. Scheduled to begin in 2015

If you, or someone you know, believe that you may qualify for any of the above programs, you should start gathering together your documentation as soon as possible. These programs are anticipated to include between 4 to 5 million applicants. Right now, US Citizenship and Immigration Services (USCIS) is drafting instructions, regulations, and forms and hiring new staff to be able to handle the anticipated volume of applications. USCIS already requires a substantial amount of time to reach and review filed cases. Can you just imagine how long it will take them if 4 to 5 million people apply for a new process, all at once?