Based on a briefing on 11/20/14 by the White House, the following is a summary of the most important elements expected to benefit immigrants and to be part of the Administration’s announcement of executive actions on immigration. Details and guidelines are still being worked on and many items are still unclear, and the merits of many may not be known until the details are known. Some will require regulations, but others can be done by agency memos instructing immigration officers on how to adjudicate applications.
Here are the principal proposals of the executive actions that will impact those who are unlawfully in the United States or a waiting to be granted a green card:
1. Two deferred action initiatives that combined are estimated to benefit 4.4 million:
a. Deferred Action for Parents (DAP). Parents of U.S. citizens and lawful permanent residents (of any age) who have been continuously present since 1/1/10, and who pass background checks and pay taxes, will be eligible to apply for deferred action, which will be granted for a 3-year period. The plan is to stand this up within 180 days (for applications to be accepted). Note that parents of DACA recipients are not eligible.
b. Expansion of DACA. DACA will be revised to get rid of the age cap, and to change the date that continuous presence must have started to 1/1/10. It also will be granted for 3 years (including those with pending renewal applications). Ready in 90 days.
2. Pending Proceedings. There will be a review of cases currently under removal proceedings to see who is prima facie eligible for the relief stated in this program, and those cases will be closed.
3. U Visas. Three more types of offenses will be added to the list of offenses for which U status can be granted. No specifics were available regarding which offenses will be added.
4. Foreign Entrepreneurs. Certain investors will be able to be paroled into the U.S., or be granted parole in place if already in the United States, for job creation (no further details at this time). This will be done by regulation. Also, entrepreneurs, researchers, inventors, and founders will be eligible for national interest waivers. This will be implemented through policy guidance.
5. Timing of Filing for Adjustment of Status. The ability of individuals with an approved employment-based immigrant petition who are caught in the quota backlogs to file for adjustment of status will be advanced to permit them to obtain the benefits of a pending adjustment. This is expected to impact about 410,000 people. This will be done by regulation.
6. H-4 EADs. Immediate family members of H-1B workers will be eligible for employment authorization. Regulation will be finalized, probably in December or January.
7. I-601a Waivers. The provisional waiver will be expanded to include spouses and children of LPRs. The definition of extreme hardship will be expanded and clarified.
8. Advance Parole. There will be a new advance parole memo that will address the issues raised in Matter of Arrabally-Yerrabelly and make clear that CBP should honor the advance paroles issued by USCIS.
9. Visa Modernization. There will be a Presidential Memorandum directing the agencies to look at modernizing the visa system, with a view to making optimal use of the numbers of visa available under law. Issues such as whether derivatives should be counted and whether past unused visa numbers can be recaptured will be included in this effort.
Here are the principal proposals of the executive actions that will impact those who are unlawfully in the United States or a waiting to be granted a green card:
1. Two deferred action initiatives that combined are estimated to benefit 4.4 million:
a. Deferred Action for Parents (DAP). Parents of U.S. citizens and lawful permanent residents (of any age) who have been continuously present since 1/1/10, and who pass background checks and pay taxes, will be eligible to apply for deferred action, which will be granted for a 3-year period. The plan is to stand this up within 180 days (for applications to be accepted). Note that parents of DACA recipients are not eligible.
b. Expansion of DACA. DACA will be revised to get rid of the age cap, and to change the date that continuous presence must have started to 1/1/10. It also will be granted for 3 years (including those with pending renewal applications). Ready in 90 days.
2. Pending Proceedings. There will be a review of cases currently under removal proceedings to see who is prima facie eligible for the relief stated in this program, and those cases will be closed.
3. U Visas. Three more types of offenses will be added to the list of offenses for which U status can be granted. No specifics were available regarding which offenses will be added.
4. Foreign Entrepreneurs. Certain investors will be able to be paroled into the U.S., or be granted parole in place if already in the United States, for job creation (no further details at this time). This will be done by regulation. Also, entrepreneurs, researchers, inventors, and founders will be eligible for national interest waivers. This will be implemented through policy guidance.
5. Timing of Filing for Adjustment of Status. The ability of individuals with an approved employment-based immigrant petition who are caught in the quota backlogs to file for adjustment of status will be advanced to permit them to obtain the benefits of a pending adjustment. This is expected to impact about 410,000 people. This will be done by regulation.
6. H-4 EADs. Immediate family members of H-1B workers will be eligible for employment authorization. Regulation will be finalized, probably in December or January.
7. I-601a Waivers. The provisional waiver will be expanded to include spouses and children of LPRs. The definition of extreme hardship will be expanded and clarified.
8. Advance Parole. There will be a new advance parole memo that will address the issues raised in Matter of Arrabally-Yerrabelly and make clear that CBP should honor the advance paroles issued by USCIS.
9. Visa Modernization. There will be a Presidential Memorandum directing the agencies to look at modernizing the visa system, with a view to making optimal use of the numbers of visa available under law. Issues such as whether derivatives should be counted and whether past unused visa numbers can be recaptured will be included in this effort.
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