Executive Actions on Immigration (Part 2 of 3 Part Series)

Lal Varghese, Attorney at Law, Dallas

2. Deferred action for parents of U.S. citizens and lawful permanent residents

•An undocumented individual living in the United States who, on the date of the announcement, is the parent of a U.S. citizen or lawful permanent resident and who meets the guidelines listed below.

•Allows parents to request deferred action and employment authorization if they:◦Have continuous residence in the United States since January 1, 2010;

◦Are the parents of a U.S. citizen or lawful permanent resident born on or before November 20, 2014; and

◦Are not an enforcement priority for removal from the United States, pursuant to the November 20, 2014, Policies for the Apprehension, Detention and Removal of Undocumented Immigrants Memorandum.

•Approximately 180 days following the President’s November 20, 2014, announcement.

3. Provisional waivers of unlawful presence

•Undocumented individuals who have resided unlawfully in the United States for at least 180 days and who are:◦The sons and daughters of U.S. citizens; and

◦The spouse and sons or daughters of lawful permanent residents.

•Expands the provisional waiver program announced in 2013 by allowing the spouses, sons or daughters of lawful permanent residents and sons and daughters of U.S. citizens to get a waiver if a visa is available. There may be instances when the qualifying relative is not the petitioner.

•Clarifies the meaning of the “extreme hardship” standard that must be met to obtain a waiver.

•Upon issuing of new guidelines and regulations.

4. Modernize, improve and clarify immigrant and nonimmigrant programs to grow our economy and create jobs

•U.S. businesses, foreign investors, researchers, inventors and skilled foreign workers.

•Work with the Department of State to develop a method to allocate immigrant visas to ensure that all immigrant visas authorized by Congress are issued to eligible individuals when there is sufficient demand for such visas.

•Work with the Department of State to modify the Visa Bulletin system to more simply and reliably make determinations of visa availability.

•Provide clarity on adjustment portability to remove unnecessary restrictions on natural career progression and general job mobility to provide relief to workers facing lengthy adjustment delays. 

•Clarify the standard by which a national interest waiver may be granted to foreign inventors, researchers and founders of start-up enterprises to benefit the U.S economy.

•Authorize parole, on a case-by-case basis, to eligible inventors, researchers and founders of start-up enterprises who may not yet qualify for a national interest waiver, but who:◦Have been awarded substantial U.S. investor financing; or

•              Otherwise hold the promise of innovation and job creation through the development of new technologies or the pursuit of cutting-edge research.

•Finalize a rule to provide work authorization to the spouses of certain H-1B visa holders who are on the path to lawful permanent resident status.

•Work with Immigration and Customs Enforcement (ICE) to develop regulations for notice and comment to expand and extend the use of optional practical training (OPT) for foreign students, consistent with existing law.

•Provide clear, consolidated guidance on the meaning of “specialized knowledge” to bring greater clarity and integrity to the L-1B program, improve consistency in adjudications, and enhance companies’ confidence in the program.

5. Promote the naturalization process

•Lawful permanent residents eligible to apply for U.S. citizenship

                •Promote citizenship education and public awareness for lawful permanent residents.

•Allow naturalization applicants to use credit cards to pay the application fee.

•Assess potential for partial fee waivers in the next biennial fee study.

Note: This is the second part of a three part series on the subject matter. The same information is available at www.uscis.gov web site of the Dept. of Homeland Security. Thanks.

Disclaimer:  Lal Varghese, Attorney at Law, with more than 36 (about 21 years in U. S. Immigration Laws) years of experience as an Attorney, mainly practices in U. S. immigration law and is located in Dallas, Texas. He does not claim authorship for above referenced information since it is obtained from several sources including USCIS, DOS web sites, AILA and other Internet based legal sources, and published for the benefit of the general public. Lal Varghese, Attorney at Law or the publisher is not responsible or liable for anything stated above, since it is generalized information about the subject matter collected from various legal sources. For individual cases and specific questions you are advised to consult any attorney of your choice or contact your State Bar Organizations or local Bar Associations or American Immigration Lawyers’ Association (AILA) for finding an attorney or for any legal help. You can visit our website at: www.indiaimmigrationusa.com or www.indiaimmigrationusa.blogspot.com or www.facebook.com/groups/usattorney for information about U. S. immigration law related matters. Lal Varghese, Attorney at Law can be reached at (972) 788-0777 or at his e-mail: attylal@aol.com if you have any questions.