On November 20, 2014, the President announced a number of executive actions to benefit many individuals who are currently in the U.S. without status.
More specifically, the President announced an expansion of the Deferred Action program. Deferred action is a form of prosecutorial discretion, it provides a means for enforcement personnel to deprioritize an individual's case. The deprioritizing of the case allows enforcement officials to defer, or put off, any enforcement action for a set period of time.
Deferred action is not legal status or citizenship and it is not a path to a green card. Deferred action simply allows an individual to be lawfully present in the U.S. for a specified period of time and allows the individual to obtain work authorization during that period.
Deferred Action for Childhood Arrivals was initially announced on June 15, 2012, since that date, Salas Law has helped obtain deferred action and work authorization for many individuals who were under the age of 31 at the time of the announcement, who had entered the U.S. prior to the age of 16 and were in school or had graduated. The Executive Action announced on November 20, 2014 broadens the program for childhood arrivals by removing the age limit of 31 years and pushing up the entry date from 2007 to 2010. The requirements for the Expanded Deferred Action for Childhood Arrivals are as follows:
- Continuously resided in the U.S. since before January 1, 2010
- Under the age of 16 at time of entry
- Graduated from H.S./GED or currently enrolled in school
- Physically present in the U.S. on the date of the announcement
- Without legal status on the date of the announcement
- Not an enforcement priority
In addition to the expansion to additional child arrivals, the President announced Deferred Action for Parents of U.S. Citizens and Lawful Permanent Residents. This new program grants deferred action and work authorization to eligible parents. The requirements for the Deferred Action for Parent Arrivals are as follows:
- Continuously resided in the U.S. since before January 1, 2010
- Have a child that is a U.S. citizen or lawful permanent resident on the date of the announcement
- Physically present in the U.S. on the date of the announcement
- Without legal status on the date of the announcement
- Not an enforcement priority
Please note, USCIS is not accepting applications at this time. We are currently waiting for U.S. Citizenship & Immigration Services (USCIS), the agency which processes these requests, to provide further instructions and applications for these Deferred Action programs. We can expect these forms to be ready in approximately 90 days from the announcement on November 20, 2014 for the expanded Childhood Arrivals and approximately 180 days from the announcement for the Parent Arrivals.
Salas Law is currently working with our eligible clients to gather necessary documentation to prove that they meet the eligibility requirements. If you have any questions regarding your eligibility, please contact us to speak with one of our highly experienced Williamson County Immigration Attorneys.