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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.