President Obama announced an executive action on immigration that includes: 1) Cracking down on illegal immigration at the border 2) Prioritizing the deportation of felons over families 3) Allowing certain undocumented immigrants to temporarily stay if they pass background checks and pay taxes The executive action touches many areas of immigration law and the Department of Homeland Security plans to implement initiatives like expanding deferred action for childhood arrivals and parents of citizens, reforming visa programs, and updating enforcement policies. Applications for new deferred action programs are scheduled to open in May 2015 but the legal challenges continue.

1. Presented by:
David H. Nachman, Esq.
Nachman, Phulwani, Zimovcak (NPZ) Law Group, P.C.
(VISASERVE)

2.  On November 20, 2014, President Obama announced a series of
executive actions to:
1) Crack down on illegal immigration at the border;
2) Prioritize deporting felons not families; and
3) Require certain undocumented immigrants to pass a criminal background
checks and pay taxes in order to temporarily stay in the U.S.
 The Executive Action package is very broad and touches many aspects of
immigration law.
 We provide a more detailed breakdown of the different initiatives the
government plans to implement in the near future. (this initiatives have not
yet been implemented, and there is currently no application procedure
available)…

3.  U.S. Citizenship and Immigration Services (USCIS) will
create a new deferred action process, granting deferred
action to eligible Parents of U.S. Citizens and Lawful
Permanent Residents.
 The U.S. Citizen or lawful permanent resident child must
have been born on or before November 20, 2014.

4.  Includes step-children, if the marriage between the
biological parent and step-parent occurred prior to the
child’s turning 1, and adopted children, if the adoption
took place prior to the child’s turning 16.
 The parents must have been continuously present in the
U.S. since January 1, 2010.
 The parents must have been unlawfully present in the
U.S. on November 20, 2014 and on the date the
application is made.

5.  The parents must learn English.
 The parents must Pay Taxes Going Forward.
 The parents must also not be an enforcement
priority for removal from the United States.
Individuals with removal/deportation orders issued
on or before January 1, 2014 will not be a priority
for removal.

6.  The parent will be ineligible if convicted of a Felony, a
Significant Misdemeanor or 3 or more Misdemeanors.
* Not Misdemeanors: Traffic Violations including Driving
without a License.
 Expunged and Juvenile convictions may not be
Disqualifiers.
 Public Safety Threats Cannot qualify for DAPA – Gang
Membership & Criminal Activities.

7.  If DAPA is granted, the applicant will receive
employment authorization for three years,
provided they pass required background checks.
 Applications will be accepted starting on
May 20, 2015.

8.  Expands DACA to young people who came to the U.S. before
turning 16 years old.
 Have been present in the U.S since January 1, 2010 (continuous
presence requirement has been shortened from June 15, 2007).
 The expanded DACA initiative allows individuals born prior to
June 15, 1981, to apply for DACA (removing the upper age
restriction), provided they meet all other guidelines.

9.  The government plans to extend the period of DACA
and work authorization from two years to three years.
 This initiative is expected to be implemented
approximately 90 days following the announcement
(February 20, 2015?).

10.  I-601A provisional waivers of unlawful presence will be
expanded to include the spouses and sons and
daughters of lawful permanent residents and the sons
and daughters of U.S. citizens.
 USCIS will provide guidance on the meaning of the
“extreme hardship” standard that must be met to obtain
a waiver of inadmissibility.

11.  Establishing an interagency worksite
enforcement group to identify policies and
procedures that promote consistent enforcement
of federal labor, employment and immigration laws
to protect U.S. workers.
 Secured Community Program (SCP) is being
revamped and will now be a new Priority
Enforcement Program (PEP) consistent with
Enforcement Priorities at the Border.

12.  Provide work authorization to the H-4 spouses of certain H-1B visa holders.
(may be soon)
 Provide clearer guidance on the meaning of “specialized knowledge” to bring
integrity to the L-1B program. This is likely to be done by policy memorandum.
 STEM OPT Reform. (increase number of STEM categories?, increase time for
STEM extension).
 Visa Bulletin Reform. (use all unused visas and take only for primary
beneficiary)
 New Parole For Researchers, Inventors And Entrepreneurs.
 Clarify the standard by which a National Interest Waiver (NIW) may be granted.
 Modernize the PERM. (recruitment process)
 Clarify portability provisions of AC-21.

13.  USCIS will issue guidance clarifying that the holding in
Matter of Arrabally-Yerrabelly (that travel on AP is not a
“departure” within the meaning of INA Section 212(a)(9)
(B)(i) and therefore does not trigger the 3/10 year bars
for unlawful presence) applies to all cases, not just the
specific fact pattern in Arrabally.

14.  This initiative would expand the PIP
program for Families of U.S. Armed
Forces Members and Enlistees to
encompass spouses, parents and
children.
 USCIS will further consider the availability
of Deferred Action for certain
undocumented family members.

15. Initiative to promote citizenship for
lawful permanent residents by
providing applicants to use credit
cards to pay the application fee.
Increase Public Awareness about
obtaining citizenship.

16.  USCIS will add three criminal activities to the
list of qualifying crimes for U and T visa
status: Extortion, Forced Labor, and Fraud in
Foreign Labor Contracting.
 DOL will be able to certify U visa applications for
individuals whose employers have abused them.

17.  Threats to national security, border security, and public
safety.
 Individuals convicted of significant misdemeanors, or
three or more misdemeanors arising out of three
separate schemes.
 New immigration violators, including people who entered
unlawfully after January 1, 2014.
 People who have significantly abused the visa process.
 Individuals with other immigration violations, including
those who have been issued a final order of removal on
or after January 1, 2014.

18.  Documents to prove identity – passport, birth certificate, school ID, state ID, military ID,
etc.;
 Documents to prove physical presence and entry – I-94, passport stamp, travel
itinerary, boarding pass, tax returns, employment records, medical records, school
records, etc.
 Criminal records (if applicable) – police records, charging documents, plea, disposition,
termination of probation, etc.;
 Immigration records – if you do not have your immigration records, they can be obtained
from the government through a Freedom of Information Act (FOIA) request which can take
several months; and
 Documents to prove relationship to and status of qualifying relative – for example,
birth certificates of U.S. Citizen children, proof of permanent residence, marriage
certificate, U.S. passport, U.S. naturalization certificate, etc.

19.  Bill Proposed in the House to Block the President's
Actions.
 Federal Court Suit to Enjoin the President's Actions.
 Budget Leverage - Threat to Shut-down Funding for
USCIS.
 CIR to Be Proposed in New Year by Republican
Congress.

20.  Individuals who claim that they can file an application
pursuant to Obama’s Executive Action now are likely
attempting to defraud you. The initiatives have not yet
been implemented.
 Make sure you contact a qualified Attorney who will be
able to guide you..
 Remain informed and know when the application process
starts. Subscribe to www.visaserve.com to get updates.

21. Questions?
Please contact our office for further information:
info@visaserve.com
201-670-0006 (ext. 107)
http://www.visaserve.com