http://www.njimmigrationattorney.com. On November 20, 2014, President Obama proclaimed his controversial Executive Action on Immigration. The Executive Order addresses many areas of our broken immigration system. The provisions which are gaining the most media attention are the ones in which Deferred Action which will extended to parents of US citizens and lawful permanent residents and a wider class of individuals who entered the United States before the age of sixteen. Deferred Action is a form of prosecutorial discretion under which the government allows a person to stay in the United States notwithstanding his/her immigration status. Recipients of deferred action are also eligible to apply for work authorization. While these two provisions will affect and shield approximately five million undocumented aliens, there are still a number of questions that have not been explicitly or clearly addressed by the information put out by USCIS. Some of the answers will hopefully be answered in the weeks to come.

1. TOP QUESTIONS
REGARDING OBAMA’S
NEW EXECUTIVE ACTION
ON IMMIGRATION
Lee and Garasia, LLC
190 State Route 27
Edison, NJ 08820
(732) 516-1717

2. Lee & Garasia, 732-516-1717
2014 Executive Order on Immigration
1. President Obama announced a historic Executive
Order on November 20, 2014.
2. Under the Executive Action, approximately five million
undocumented and illegal aliens will be protected from
deportation.
3. This protected class of people will also be able to apply
for work authorization for up to three years.

3. Lee & Garasia, 732-516-1717
Deferred Action for Parents or DAP
• Under this initiative, those aliens who are illegally here
who have US citizen or green card holder children may
eligible to apply for deferred action.
• Deferred action will give them three years protection from
deportation and the ability to apply for a work permit.
• Applicants will need to show proof of residence in the
United States since before January 1, 2010.
• Applicants will need to undergo security checks and pay
backtaxes.

4. Lee & Garasia, 732-516-1717
DACA Class Opened Up
• Deferred Action for Childhood Arrivals will be expanded to
include those individuals who otherwise satisfy the critera
but were born before June 15, 1981.
• Duration of deferral and period of authorization to work
expanded from two to three years.
• Residence cut off date pushed from June 15, 2007 to
January 1, 2010.

5. Lee & Garasia, 732-516-1717
Unanswered Questions
While USCIS has given us the broad strokes of the
Executive Order, there are questions that will hopefully be
addressed in the next couple of weeks through policy
regulations and guidance memos:

6. Lee & Garasia, 732-516-1717
Will Advance Parole Be Available To DAP
People?
• Advance Parole is available to DACA individuals and
gives them the opportunity to travel abroad under certain
circumstances.
• Will DAP be allowed to travel? If so, will it be under the
same criteria considered for DACA people when they
apply?

7. Lee & Garasia, 732-516-1717
Do Stepchildren Count?
• DAP requires that the individual have a US Citizen or
Lawful Permanent Resident son or daughter.
• What if the son or daughter is not a biological son or
daughter?
• In other words, do stepchildren count?
• What about adoptive children?
• What if the applicant does have children but does not live
with them?
• What if the applicant has children that he/she does not
live with, but nevertheless does support?

8. Criminal Record
Lee & Garasia, 732-516-1717
• Will DAP applicants be subject to the same restrictions as
DACA people?
• How will minor offenses and traffic offenses affect the
discretionary decision?

9. Lee & Garasia, 732-516-1717
How USCIS treat certain issues?
• What if the DAP applicant has used a false social security
number?
• What if the DAP previously claimed to be a United States
Citizen?
• Certain behavior can be excused due to immaturity of
DACA people. What about adult parents?
• What if the applicant has a prior removal order?

10. Lee & Garasia, 732-516-1717
Provisional Waiver Question
• Preference relatives now allowed to apply for an I-601A
Provisional Waiver to Cancel the 10 year bar.
• This means:
• Spouses and children of lawful permanent residents
• Sons and daughters of US Citizens
But what about hardship?
Is hardship still only to Spouse or Parent?
Does Spouse or Parent have to be US citizen?

11. Lee & Garasia, 732-516-1717
What Can You Do In The Meantime?
According to USCIS, the best thing you can do while
awaiting the issuance of further instructions is to collect
documentation establishing:
• Identity
• Relationship to US citizen or Lawful permanent resident
and
• Continuous residence in the US over the last five years or
more.

12. Lee & Garasia, 732-516-1717
For More Information:
• The process of applying for DAP, or even the new DACA,
is bound to be as deceptively simple as DACA was.
• Many DACA applications were rejected due to issues that
might have been overlooked by the applicant but which
could have been spotted by a top immigration attorney.
• If you need help in preparing documents for DAP or
DACA, please contact us at
• 732-516-1717
• www.njimmigrationattorney.com
• Lee & Garasia, LLC
• 190 Route 27
• Edison, NJ 08820