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Undocumented Persons

On November 20, 2014, President Obama announced a series of executive orders expanding the legal rights and opportunities available to certain undocumented foreign nationals.  These rights include the right to work and the right to be free from deportation.  Our Firm is dedicated to assisting foreign nationals obtain lawful immigration status here in the United States.  To speak with an attorney, click here.  To learn more about President Obama’s recent initiatives, read on.

In order to help you towards that goal, we have prepared the following questionnaire to help determine your eligibility for relief under President Obama’s recent executive action.

SUMMARY OF THE CHANGES

President Obama’s initiatives include:

  • Expanding the population eligible for the Deferred Action for Childhood Arrivals (DACA) program to young people who came to this country before turning 16 years old and have been present since January 1, 2010, and extending the period of DACA and work authorization from two years to three years.
  • Allowing parents of U.S. 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 program, provided they pass required background checks.
  • Expanding the 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.

 

EXPANDED DACA ELIGIBILITY QUESTIONNARE

 

General Qualifications (Circle Yes or No): 

  1. Did you enter the US on or before January 1, 2010? Yes / No
  2. Have you continuously resided in the U.S. since at least January 1, 2010? Yes / No
  3. Did you enter the United States before your 16th birthday? Yes / No
  4. Are you currently in school, or have you graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are you an honorably discharged veteran of the Coast Guard or Armed Forces of the United States? Yes / No
  5. Have you been convicted of a felony, significant misdemeanor, or three or more other misdemeanors, or do you pose a threat to national security or public safety? Yes / No
  6. Are you at least 15 years old? If not, are you in removal proceedings, have a final removal order, or have a voluntary departure order, and are not in immigration detention?   Yes / No

If you answered yes to Questions 1, 2, 3, 4, and 6 and no to Question 5, then you are likely eligible for relief under the expanded DACA program.  The current expected date for applications to be accepted by USCIS is 2/18/2015.  It is likely that wait time for application processing will quickly become long and burdensome.  In other words, the sooner the application is filed, the sooner you will receive relief, including authorization to work in the United States.  If you are interested in taking the next step in preparing your application, please contact us at your convenience.  Our contact information is listed above.

If you answered no to questions 1, 2, 3, 4, or 6, or yes to question 5, then it is likely you are not eligible for relief under the expanded DACA program.  However, you might be eligible for other relief, so please read on.

QUESTIONNAIRE FOR DEFERRED ACTION FOR PARENTS OF

 U.S. CITIZENS AND LAWFUL PERMANENT RESIDENTS

General Qualifications (Circle Yes or No): 

  1. Are you an undocumented individual living in the United States who, on November 20, 2014, is the parent of a U.S. citizen or lawful permanent resident?  Yes / No
  2. Did you enter the U.S. on or before January 1, 2010?  Yes / No
  3. Have you continuously resided in the U.S. since at least January 1, 2010? Yes / No
  4. Do you pose a threat to national security, border security, or public safety? Yes / No

If you answered yes to questions 1, 2 and 3 and no to question 4, then you are likely eligible for relief under the expanded Deferred Action for Parents of U.S. Citizens and Lawful Permanent Residents program.  The current expected date for applications to be accepted by USCIS is 5/19/2015.  It is likely that wait times for application decisions will be long and burdensome, if applications are not filed promptly.  Therefore, the sooner your application is filed, the sooner you will receive relief to which you are entitled, including authorization to work in the United States.  If you are interested in taking the next step to prepare your application, please contact us at your convenience.  Our contact information is listed above.

If you answered no to questions 1, 2 or 3, or yes to question 4, then it is likely that you are not eligible for relief under the expanded DACA program.  However, you might be eligible for other relief, so please contact our office to discuss the specifics of your case before deciding nothing can be done on your behalf.