Hot Immigration News from November 20, 2014 announcement!

On November 20, 2014, the president announced the following executive orders. The USCIS and other agency should implement the initiatives as soon as possible. I will summarize what’s coming.

 

  1. DACA

Previous Order clearly stated that the order applied for individual born after June 15, 1981. As of November 20, 2014, individuals born before June 15 1981 who meet all other DACA guideline can apply for the benefit

 

2. Deferred Action for parent of US citizen or lawful permanent residents

Ok. This is new. So I will explain point by point.

Who? – undocumented parents living in the US w/child who is a US citizen or Legal permanent resident

Must Prove:

  • continuous residence in the United States since January 1, 2010
  • Parents of US citizen or lawful permanent born on or before November 20, 2014
  • Not in removal

 

3. Provisional Waiver of unlawful presence (I-601A for LPR spouse and children, and USC children)

In 2013, the USCIS implemented I-601A provisional waiver for a spouse of USC. Basically, a spouse of USC who entered the United Stateswithout inspection got to apply for the waiver while they are in the United States. Once the provisional waiver was granted, the spouse was to go back to embassy, and attend visa interview. If the officer found no other reason to block her entry but for her unlawful stay in the United States, the officer would grant the visa without much delay.

 

Currently, this only applies to spouses or minor children of U.S. citizens. Now, it applies to the spouses, sons, and daughters of lawful permanent resident! 

Really great tools! If applicable, please please please call me today. We will discuss your case.

Visa Waiver Program and Adjustment

Under the Visa Waiver Program (VWP), nationals of certain countries (South Korea, Canada, UK among others) can enter the United States without a visa. Generally, those admitted under the VWP cannot change or adjust status under INA 245A. However, there is an exception for immediate relative.

Definition of Immediate Relative under the INA:

Immediate Relative means spouses, children (under 21 of age and unmarried) of U.S citizens (USC).

VWP and Immediate Relative Exception:

An individual admitted under VWP can stay in the United States for 90 days (usually.) Immediate relative can seek to adjust within the 90 day window.

There are local USCIS offices that have taken much more generous approach. Depends on the location, the local USCIS may adjust the VWP immediate relative’s adjustment of status even after the 90 days window. However, this guideline/exception is informal and may be changed in future. Please consult with a local immigration attorney.

THEREFORE, please consult with a local immigration attorney if you wish to adjust your status. There may be local rules/customs that you should be aware.