Criminal Law, Immigration Law, Family Law and Personal Injury.
Summary of President Obama’s Deferred Action for Childhood Arrivals (DACA) implemented on June 15 2012.
On November 20, 2014, President Obama issued an Executive Order affecting millions of individuals who do not have lawful status in the United States.
Deferred Action for Childhood Arrivals (DACA) has been expanded to those present in the United States since January 1, 2010 and there is no longer a 31 year age limit. DACA is now being issued in 3 year increments.
Additionally, parents of United States Citizens or Lawful Permanent Residents may qualify for Deferred Action for Parental Accountability (DAPA).
AN INDIVIDUAL MAY BE CONSIDERED FOR INITIAL DACA IF HE OR SHE:
1) Was under 31 years of age as of June 15, 2012.
2) Came to the United States before reaching his or her 16th birthday.
3) Has continuously resided in the united states since June 15, 2007, up to the present time; form i-821d instructions 01/09/17 y page 2 of 14.
4) Was present in the united states on June 15, 2012 and at the time of making his or her request for consideration of deferred action with USCIS.
5) Had no lawful status on June 15, 2012; note: no lawful status on June 15, 2012 means that:
A. You never had a lawful immigration status on or before June 15, 2012; or
B. Any lawful immigration status or parole that you obtained prior to June 15, 2012 had expired as of June 15, 2012.
6) Is currently in school, has graduated or obtained a certificate of completion from high school, has obtained a general educational development (ged) certificate, or is an honorably discharged veteran of the u.s. armed forces or u.s. coast guard.
7) Has not been convicted of a felony, a significant misdemeanor, or three or more misdemeanors, and does not otherwise pose a threat to national security or public safety.
Employment authorization is good for two years.
Contact our office to make an appointment as soon as possible to review your options and meet with one of our attorneys to determine if you qualify for relief under the President’s executive action.
Haciendo a un lado al Congreso, el presidente Barack Obama se dispone a anunciar una serie de acciones ejecutivas en materia de inmigración a fin de evitar potencialmente que millones de inmigrantes que residen sin permiso legal en Estados Unidos sean deportados. Nota publicada por Excélsior TV
Plan Inmigratorio de Barack Obama, Publicado el 20/11/2014
El presidente de EE.UU. Barack Obama les ordenará a las autoridades de inmigración que deporten "a los delincuentes, no a las familias" al hacer uso de su poder ejecutivo para escudar a cinco millones de inmigrantes ilegales en el mayor cambio en el sistema inmigratorio de ese país de las últimas décadas. Nota publicada por CNN TV
Nota publicada por univision
Provisional Unlawful Presence Waiver
Currently, family members of U.S. Citizens who must leave the United States to complete processing of their Lawful Permanent Resident status are subject to a ten (10) or three (3) year bar to admission due to unlawful presence of more than six (6) months to a year (3 year bar), or in excess of one (1) year (10 year bar). Currently, the Provisional Unlawful Presence Waiver can be applied for from within the United States and then travel abroad for completion of Consular Processing.
USCIS will adapt new guidelines expanding the eligible family members for the “provisional waiver” to include parents whose adult children have petitioned for them, and now also include spouses, and minor and adult children of Lawful Permanent Residents.
Additional guidance about the meaning of extreme hardship will be presented to allow a broader use of the waiver program.
To date, June 27 2017 , this program remains unaffected
Most recently the current administration has broadened the concept of aliens who are here illegally in the United States and are deportable.
Pursuant to February 20th 2017 Memo issued by Secretary Kelly, under this Executive Order, ICE will not exempt classes or categories of removal aliens from potential enforcement. All of those present in violation of the immigration laws may be subject to immigration arrest, detention, and, if found removable by final order, removal from the United States.
You may find the complete February 20th 2017 Memo at the following link:
As a member of the American Immigration Lawyers Association (AILA), it has been advised that AILA National's ICE Liaison Committee attended a meeting with ICE on April 7th, 2017 and ICE participated in AILA's spring conference on April 8th. During these meetings, ICE affirmed that prosecutorial discretion has long been - and continues to be - a fixture of the immigration system. This practice pointer provides an update on the exercise of prosecutorial discretion. On February 20, 2017, Secretary Kelly issued a memo "Enforcement of the Immigration Laws to Serve the National Interest," implementing President Trumps Executive Order entitled "Enhancing Public Safety in the Interior of the United States." This memo constitutes guidance for all Department personnel regarding the enforcement of the immigration laws and instructs General Counsel to issue further guidance on the use of prosecutorial discretion. Until ICE obtains this guidance from General Counsel, ICE is relying on the general policies related to prosecutorial discretion as outlined in the Executive Order and memo.
The good news is that ICE said explicitly during AILA's Liaison meeting that it retains its long-standing authority to exercise prosecutorial discretion at all stages of enforcement. Furthermore, there is not a blanket policy of refusing to exercise prosecutorial discretion, and prosecutorial discretion determinations will continue to be made on a case-by-case basis.
However, ICE also indicated that prosecutorial discretion will be exercised far less than before. While determinations are made on a case-by-case basis, ICE now has a presumption that it should pursue all cases to a conclusion. That result could be relief, it could be a finding by an Immigration Judge (IJ) that removability has not been sustained, or it could be a removal order. ICE's Office of the Principal Legal Advisor (OPLA) will use prosecutorial discretion to decide which cases to appeal and which bars to raise during litigation.
Additionally, local ICE offices will end the use of dedicated email addresses for prosecutorial discretion requests, and attorneys can no longer escalate denied requests for prosecutorial discretion to regional and national counsel. Instead, local chief counsel will be the final level of review for a prosecutorial discretion request.
ICE did not specify criteria for prosecutorial discretion determinations, but anticipated that criteria would be provided in the General Counsel's guidance. Given the presumption that cases are to be pursued to a resolution, however, it appears that resource allocation and judicial efficiency are unlikely to be successful grounds for prosecutorial discretion requests. Practitioners should continue to communicate with ICE trial attorneys regarding their clients' equities. Though there will no longer be a formal prosecutorial discretion request process, there is nothing to prevent attorneys from requesting prosecutorial discretion and providing documentation in support.
AILA Doc. No. 17062031.
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