Hudson River with Statue of Liberty

  Updates and Resources

Executive Actions on Immigration

On November 20, 2014, the President announced a series of executive actions to address illegal immigration at the border, prioritize deporting felons, 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 Deferred Action for Childhood Arrivals (DACA) and work authorization from two years to three years.
  • Allowing parents of U.S. citizens and lawful permanent residents who have been 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.

For further information and details regarding these Executive Actions, please contact Lynne R. Newkofsky or refer to the USCIS website at  http://www.uscis.gov/immigrationaction. 


Updates:

In a landmark decision, the Supreme Court has recently ruled that Section 3 of the Defense of Marriage Act (“DOMA”) is unconstitutional.  Generally speaking, this means that United States Citizens and Lawful Permanent Residents in same-sex marriages can now sponsor their spouses for immigrant visas with some exceptions. 

http://www.dhs.gov/topic/implementation-supreme-court-ruling-defense-marriage-act 

Deferred Action for Childhood Arrivals (DACA):  

 Certain people who came to the United States as children and meet several key guidelines may now request consideration of deferred action. If the request is approved, these people would be eligible for work authorization. The guidelines to file a DACA request are as follows:

  • You were under the age of 31 as of June 15, 2012;
  • You came to the United States before reaching your 16th birthday;
  • You have continuously resided in the United States since June 15, 2007, up to the present time;  
  • You were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
  • You entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012;
  • You are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
  • You have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

For further information about DACA, please refer to the website of USCIS at:  

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=f2ef2f19470f7310VgnVCM100000082ca60aRCRD&vgnextchannel=f2ef2f19470f7310VgnVCM100000082ca60aRCRD 


 Resources:

U.S. Citizenship and Immigration Services (USCIS)

Case Status Online (USCIS)

Visa Bulletin

U.S. Embassies and Consulates

H-1B Cap Count