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President Obama’s Childhood Arrivals Program (DACA) will include more people as of February 18, 2015. The program was originally announced in June of 2012 and allowed persons who came to the United States as children (under the age of 16), who were still here and who did not have a lawful immigration status to obtain work authorization and social security numbers.

No More Upper Age Restriction (Persons over the age of 31 years-old Can Now Apply)

On November 18, 2014 President Obama announced that this program would be expanded to include more childhood arrivals. The biggest change to the program is that there is no longer an upper age restriction. When DACA first came out, persons who were over the age of 31 could not apply. Now, persons of any age can apply as long as they came to the USA before their 16th Birthday.

Additional Changes to DACA 

The new instructions for Expanded DACA, which were published yesterday, Feb. 11, 2015 set forth other notable changes to the program:

-Applicants can now file for a travel permit (advance parole) at the same time they file for a DACA request (before the DACA request had to be approved first before one could file for a travel permit);

-Applicants can not have left the United States at all (even for one day) on or after January 1, 2014 without an advance parole (travel permit); Departures before January 1, 2014 that were “Brief, casual and innocent” are permitted for DACA;

-Applicants cannot have had a lawful immigration status as of June 12, 2012;

-Applicants who are under the age of 15 and who have a final order of removal can apply for DACA; (persons under the age of 15 without an order of final removal must wait until their 15th birthday to apply).

Proof of Physical Presence on or before your 16th Birthday

Although it is not a new requirement, now that the upper age restriction has been lifted from the DACA program, applicants may have more difficulty proving that they were physically present in the United States on or before their 16th birthday because it may have been several decades ago. Ideally, the applicant would obtain a high school transcript, but if that is not available because the school is no longer in existence, Hykel Law can help you find acceptable documents to win your case.

People may file for the expanded DACA next week on February 18, 2015. Call today to have Hykel Law handle your DACA matter.

Are you interested in becoming a U.S. citizen? If you are currently a lawful permanent resident (green card holder) of the United States, you may be eligible to apply for U.S. citizenship. Green card holders who wish to apply for citizenship must submit an application for citizenship to U.S. Citizenship and Immigration Services (“U.S.C.I.S.”) (Form N-400, Application for Naturalization) and must meet certain requirements.

To read about the requirements, check out a recent article by Attorney Renee Hykel Cuddy published by LegalZoom which explains how you may qualify for U.S. citizenship.

On November 20, 2014 President Obama announced several immigration reform measures including an expansion of the DACA program. DACA (Deferred Action for Childhood Arrivals) is a program that allows people without current immigration status who arrived in the United States before the age of 16 to obtain work permits and driver’s licenses. Most importantly, applicants will not be deported from the United States. The DACA program first began in 2012, and is available to people who have a high school diploma or are currently working towards one (including a GED program). The expanded DACA program, which begins February 18, 2015 is available to people who meet the following basic criteria:

1) You entered the United States before your 16th birthday;
2) You have not left the United States for a long period of time since you first entered;
3) You entered on or before January 1, 2010;
4) You are in high school or a GED program or you completed high school or a GED program; and
5) You currently do not have a lawful immigration status.

Two major changes to the program are that people no longer have to be under the age of 31 to apply and the work permit will be valid for 3 years instead of 2 years. This means that as long as you came to the United States on or before your 16th birthday and meet the other requirements, you can apply for DACA without being denied for being “too old.”

Our office has represented many, many DACA applicants and obtained approvals for DACA eligible people, who now have work permits and driver’s licenses. Most importantly, these people are out of the shadows and can go about their lives in the USA without fear of being deported. They work lawfully, have valid driver’s licenses and have no worries of deportation. Call Hykel Law today to have a DACA Lawyer represent you with your case. 215-246-9400.

Just in time for President Obama’s immigration executive orders, the City of Philadelphia has passed a local law to take effect in six months that will require businesses offering immigration related services to post a prominent notice if they are not lawyers. The law will crack down on notarios, who can be fined by the City for non-compliance and even sued by persons who are damaged from them. The law is a victory for immigrants in the Philadelphia community, who seek assistance with their legal immigration needs. Read more about the law in this Blog post press release.

Executive Actions & Benefits Outlined

On November 20, 2014, President Obama announced several Executive Actions that will provide benefits to several foreign nationals living in the United States. Eligible individuals may apply for benefits somewhere in the next 90 days to 6 months as USCIS is able to implement the President’s Orders.

USCIS has published guidelines outlining the benefits available here. The orders will include the following benefits:

1) Deferred Action for Childhood Arrivals (DACA) will now include people who have been living in the United States as of January 1, 2010, before reaching the age of 16, and will no longer have an upper age restriction of 31 years of age. Additionally, DACA recipients will get work authorization for a period of three (3) years, not two (2) years.

2) Deferred Action for Parental Accountability (DAPA) is a new program that will allow persons who were parents of U.S. citizens or Lawful Permanent Residents (green card holders) as of 11/20/2014 who have resided continuously in the United States since January 1, 2010 and have not committed certain criminal offenses to obtain employment authorization.

3) Provisional Waivers of Unlawful Presence will now be available for undocumented persons who have lived in the United States for at least 180 days who are the sons and daughters of U.S. citizens or the spouses, sons or daughters of Lawful Permanent Residents (green card holders). This means that persons can ask for a waiver of unlawful presence from the United States without going abroad and waiting for a consular post to adjudicate the waiver request for several months outside the country.

4) Pre-registration for foreign nationals who have approved I-140 Petitions and are waiting for a visa number to file for adjustment of status (green card). This will be a huge benefit for persons who have an approved visa petition but cannot file for Employment Authorization due to the waiting line for visas. The persons will be able to apply for a travel document and EAD.

5) H-4 Employment Authorization will become available for certain spouses of H1-B employees who have an approved visa petition but cannot file for adjustment of status because they are waiting for a visa to become available.

6) U.S. Citizenship Application Fees may be able to be paid with a credit card to encourage individuals to apply for U.S. citizenship.

The President’s Executive Action is estimated to provide relief to 5 million people.

Call Hykel Law today to learn if you may be eligible for these benefits. 215-246-9400.

The President’s plan has also delineated classes of persons who the Department of Homeland Security (“DHS”) should focus on apprehending and deporting. These enforcement priorities are outlined in a Memorandum from the Secretary of DHS, Jeh Johnson, which can be viewed here: 11202014 Johnson Memo Re Enforcement Priorities.

In the wake of the November 2014 election, President Obama appears to be following through on his promise to millions of immigrants in the United States awaiting immigration reform. The President has stated:

“I indicated to (House) Speaker (John) Boehner several months ago that if in fact Congress failed to act I would use all the lawful authority that I possess to try and make the system work better. And that’s gonna happen, that’s gonna happen before the end of the year,” said Obama. 

Though the details as to who will be eligible for benefits have not been announced, the changes are expected to provide work authorization for millions of people who may not otherwise qualify. Hykel Law will be ready to assess your case to determine if you qualify, prepare and file your case as soon possible after the formal announcement. Read about the President’s intentions here.

Are you a lawful permanent resident (green card holder) of the United States or a U.S. citizen? Are you interested in filing for your family members to live permanently in the United States? Learn about the different categories of family members for whom you can file. Once you file, for some family members there are waiting periods. Learn how to check the Department of State website monthly to track the process of your family member’s wait period. This article also addresses how to obtain temporary and permanent employment based immigration status in the United States, including several types of work visas that are available.

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