Executive Actions on Immigration

On November 20, 2014, the President announced a series of executive actions to crack down on illegal immigration at the border, prioritize deporting felons not families, and require certain undocumented immigrants to pass a criminal background check and pay taxes in order to temporarily stay in the U.S. without fear of deportation.

These 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 present 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 |
• Modernizing, improving and clarifying immigrant and nonimmigrant programs to grow our economy and create jobs
• Promoting citizenship education and public awareness for lawful permanent residents and providing an option for naturalization applicants to use credit cards to pay the application fee |

Next steps

USCIS and other agencies and offices are responsible for implementing these initiatives as soon as possible. Some initiatives will be implemented over the next several months and some will take longer.

Over the coming months, USCIS will produce detailed explanations, instructions, regulations and forms as necessary. The brief summaries provided below offer basic information about each initiative.

While USCIS is not accepting requests or applications at this time, if you believe you may be eligible for one of the initiatives listed above, you can prepare by gathering documents that establish factors such as your:

• Identity;
• Relationship to a U.S. citizen or lawful permanent resident; and
• Continuous residence in the United States over the last five years or more.

Share this page with your friends and family members. Remind them that the only way to be sure to get the facts is to get them directly from USCIS. Unauthorized practitioners of immigration law may try to take advantage of you by charging a fee to submit forms to USCIS on your behalf or by claiming to provide other special access or expedited services which do not exist. To learn how to get the right immigration help, go to the Avoid Scams page.

Below are summaries of major planned initiatives by USCIS, including:

• Who is eligible
• What the initiative will do
• When you can begin to make a request
• How to make a request

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.

Deferred action for parents of U.S. 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 U.S. 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 U.S. 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.

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 U.S. 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 U.S. 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 U.S. 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.

Key Questions and Answers

Q1: When will USCIS begin accepting applications related to these executive initiatives?

A1:  While USCIS is not accepting applications at this time, individuals who think they may be eligible for one or more of the new initiatives may prepare now by gathering documentation that establishes factors such as their:

• Identity;
• Relationship to a U.S. citizen or lawful permanent resident; and
• Continuous residence in the United States over the last five years or more.

USCIS expects to begin accepting applications for the:

• Expanded DACA program approximately 90 days after the President’s November 20, 2014, announcement; and
• Deferred action for parents of U.S. citizens and lawful permanent residents (Deferred Action for Parental Accountability) approximately 180 days after the President’s November 20, 2014, announcement.

Full list of details @  http://www.uscis.gov/immigrationaction#1

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