“We were strangers once too.”
These 5 words not only stirred deep emotions in the millions of people watching President Obama announce immigration reform last week, but also reminded us of this nation’s roots and the common thread that we all share: We are a nation of immigrants, children, grandchildren, descendants of people from all over the world.
That has not changed but due to economic factors in a complicated world of economies of scale and widespread economic inequality, which has led to increased global migration, including increased movement to the U.S., a segment of undocumented and illegal people from other countries have formed a formidable “invisible” working class in the U.S. The result of this is almost 12 million undocumented people, some of whom are:
- Children who came at a young age
- Children who were born in the U.S.
And a hard-working class of adults who help increase profit margins for employers and take the jobs that many Americans won’t.
On the Eve of Thanksgiving, President Obama announced the Executive Action to reform the U.S. immigration system. The timing is apt considering that Thanksgiving is the one completely unique American holiday, celebrating our immigrant origins and bringing people together in our homes, irrespective of race, culture, religion or socioeconomic class.
Why is this action significant? Because it affects ALL of us. Anyone who is an immigrant or who has contact with immigrants in any way, can now take part in maximizing the positive goals of this reform, on the most basic, human level. We can help people we interact with on a daily basis benefit from this action. Just to name a few:
- Maids/Cleaning Personnel/Janitors
- Restaurant or Hotel Kitchen Employees
- Waitresses/Bartenders- Farm Laborers
- Back Office Workers- Landscapers
- Construction Workers
All the immigrants you know who work in these jobs, including perhaps even in your home, or at your job, might be able to apply for remedies under the new immigration reform that gives them legal employment authorization and protection from possible deportation.
For official information and updates please go to the USCIS website.
If you are one of these people or know anyone who is, please contact an experienced licensed immigration attorney for more guidance and assistance.
You can follow this links:SMA Law Firm
On November 21, 2014, President Obama issued two Presidential Memoranda clarifying his previous broadcast of the executive actions on immigration, known as the "Immigration Accountability Executive Actions." These memos establish further directives for assimilating immigrants and refugees into the American society, as well as directives for updating and reorganization the visa procedures. The following is a summary of the family related components of the President's declaration, the other aspects of the memos will be discussed in Part II:
1. Enlarging the DACA membership. The present Deferred Action for Childhood Arrivals (DACA) program will be modified as follows: The existing age cap (31 as of the date of the original DACA publication) has been removed and the eligibility cut-off date by which an applicant is required have been in the United States will be changed to January 1, 2010 as opposed to the original June 15, 2012 date. In other words, no age cap. DACA and work permission will be permitted for 3 years. The new three-year time period applies to pending DACA renewal applications.USCIS anticipates beginning to accept DACA applications under the modified program within 90 days of November 20, 2014.2. Deferred Action for Parental Accountability (DAPA). USCIS will create a new deferred action procedure, comparable to DACA, for individuals who (1) have a U.S. citizen or LPR son or daughter (of any age) as of November 20, 2014; (2) have been continuously present in the U.S. since before January 1, 2010; and (3) were physically present in the U.S. on November 20, 2014 and are present at the time of requesting DAPA. All applicants are required to pass background checks and must not be labeled as an enforcement priority under the new memorandum. DAPA will be granted for a three-year period.USCIS anticipates that it will begin to accept DAPA applications within 180 daysof November 20, 2014.
Enforcement Priorities (these individuals will not qualify for these executives orders, except under certain circumstances)
a. Priority 1: Threats to national security, border security, and public safety. This includes suspected terrorists, people captured at the border, intentional gang participants (as well as those who were convicted of a gang- related offense), and convicted felons (excludes state/local status-related offenses).b. Priority 2: Misdemeanants and new immigration violators. This includes individuals convicted of a "significant misdemeanor" or three or more misdemeanors arising out of three separate schemes (excludes traffic and status-related violations); people who entered unlawfully after January 1, 2014; and people who have "significantly abused" the visa or visa waiver programs.c. Priority 3: Other immigration violations. Those who have been issued a final order of removal on or after January 1, 2014.
3. Extension of the Provisional Waiver Program. The USCIS will enlarge the I-601A provisional waiver application process. Currently, only immediate relatives (spouses and children of U.S. citizens and parents of adult U.S. citizens) who can demonstrate extreme hardship to a U.S. citizen spouse or parent are entitled to apply for a provisional waiver. USCIS will "expand access to the provisional waiver program to all statutorily eligible classes of relatives for whom an immigrant visa is immediately available. This action would seemingly include any family-based preference category beneficiary with an approved I-130 and a current priority date who can establish "extreme hardship" to a citizen or LPR spouse or parent. This I-601A Provisional waiver will be set up by regulation. No specific time frame is stipulated.Currently establishing extreme hardship to the U.S. citizen spouse is difficult at best as there are no concrete guidelines. Therefore adjudicators receiving cases with similar fact patters, make different decision.Under the memo USCIS must provide guidance on the definition of "extreme hardship" that will clarify the elements that are considered in determining whether the "extreme hardship" standard has been met. USCIS is also to consider criteria by which a presumption of extreme hardship may apply. If this actually takes place processing of these cases will be easier and less expensive to the immigrant and family.Learn more about immigration law: apsanlaw.comSource : AILA InfoNet Doc. No. 14112446. (Posted 11/24/14)
On November 20, 2014, President Obama broadcasted a series of executive actions for immigration relief.
There are three sections I will discuss in this article.
Expanding those eligible for the Deferred Action for Childhood Arrivals (DACA) program to young people who came to this country before turning 16 years. Now more people will be eligible.* Allows an individual born prior to June 15, 1981, to apply for DACA * Requires continuous residence in the United States since January 1, 2010, not prior to June 15, 2007 as originally required* Extends the deferred action period and employment authorization to three years from the current two years.
FOR PARENTS OF US CITIZEN & LEGAL RESIDENTS called DAPA (Deferred Action for Parental Accountability program)
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, , provided they pass required background checks
MORE PEOPLE WILL BE ELIGIBLE FOR I-601A Waiver
Currently, only spouses and minor children of U.S. citizens are allowed to apply to obtain a provisional waiver. 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 When will USCIS begin accepting applications related to these executive initiatives?USCIS expects to begin accepting applications for the expanded DACA program and the Parents program and the new I-601A waiver approximately 90 days after the President's November 20, 2014, announcement; andWhat should you do while USCIS is not accepting applications. Prepare...Prepare...Prepare!Individuals who think they may be eligible for one or more of the new initiatives may prepare now by assembling documentation that establishes the basic elements such as their:1. Identity;2. Relationship to a U.S. citizen or lawful permanent resident; and3. Continuous residence in the United States over the last five years or more.For more information go to Apsanlaw.com and Drmoises.com
TONIGHT PRESIDENT OBAMA WILL EXPLAIN HIS NEW IMMIGRATION POLICY
The TV program VOCE e A Lei, on SIC International Portuguese TV and Vejatv.com will feature a special show this evening at 8:45 to discuss President Obama’s New Program.
Dr. Moises Apsan and Luis Pires will host the program.
Find out :
· If you or your family will be included;
· What will the process look like;
· How long should it take;
· Will you receive a work permit? Permission to travel?
· What happens if you have received an order for deportation?
Learn the answers to these questions and more.
THIS WILL BE A LIVE CALL IN SHOW.
You can see is on SIC International Cable stations and also on vejatv.com though the internet.
Don’t forget to attend. This will be a historic event.
New York -- Tomorrow, November 19, 2014 at 8 p.m. EST, at a televised speech positioning the plan. President Barack Obama will reveal the much-expected immigration plan, Thus, altering the rules for deportations that could touch millions of undocumented immigrants and simultaneously beginning an unpredictable clash with Republicans.Obama's executive orders are expected to eliminate the danger of deportation for as many as 5 million of the estimated 11 million people residing illegally in the United States. This executive action is a noteworthy step for a president notorious for having deported thousands of illegal migrants.According to sources, the Obama administration is contemplating increasing the group of undocumented immigrants who would qualify for deferred deportations by using principles such as permanency in the United States and family ties. Parents in the country illegally but who have children who are U.S. citizens are almost certain to qualify, the sources said. More in question is whether undocumented parents of so-called Dreamers -- many of whom have been shielded from deportations under a 2012 administration policy -- would qualify as well.
In a video on the White House Facebook page, Obama said "What I'm going to be laying out is the things I can do with my lawful authority as president to make the system work better even as I continue to work with Congress and encourage them to get a bipartisan, comprehensive bill that can solve the entire problem...Everybody agrees that our immigration system is broken. Unfortunately, Washington has allowed the problem to fester for far too long," ..."And so what I'm going to be laying out is the things that I can do with my lawful authority as President to make the system work better, even as I continue to work with Congress to encourage them to get a bipartisan, comprehensive bill that can solve the entire problem."At a dialogue on immigration Wednesday at the National Press Club in Washington, D.C., Homeland Security Secretary Jeh Johnson said Obama would act "in the coming days."Johnson defended the idea of Obama acting unilaterally, saying he believes the president has "a fairly wide latitude within existing executive authority to fix the system.""It can't be that we're not allowed to lift a finger to fix the broken immigration system until Congress acts," Johnson said. "Well, we've been waiting for Congress to act. It can't be that we're not allowed to take action in a number of respects to reform the system. And we will. And we've identified a number of ways that we will."In fact, Congress has indicated which aliens may be removed from the United States and the procedures for doing so. Aliens might be removed if they were inadmissible at the time of entry, convicted of certain crimes, or meet other criteria set by federal law. Removal is a civil, not criminal, matter. The principal feature of the removal system is a broad discretion exercised by immigration officials. Federal officials, as an initial matter, must decide whether it makes sense to pursue removal at all. If removal proceedings commence, aliens may pursue asylum and other discretionary relief allowing them to continue in the country or at least to leave without formal removal.