Immigration resource news magazine for United states of america» DAPA

U.S. Supreme Court Decision: Blocking Continues on President Obama’s DAPA and Expanded DACA

Tiyalaw — Thu, 23 Jun 2016 14:26:21 +0000

U.S. Supreme Court Decision: Blocking Continues on President Obama’s DAPA and Expanded DACA

DAPA AND EXPANDED DACA UPDATES

The fate of DAPA and expanded DACA has now been decided when the U.S. Supreme Court renders its 4-4 decision this morning in United States v. Texas. This means the 5^th Circuit’s court decision upholding an injunction to prevent the implementation of DAPA and Expanded DACA will remain. The original DACA, already implemented, is unaffected by the decision and will continue.

U.S. President Barrack Obama announced important executive actions on November 20, 2014, such as DAPA and expanded DACA. The implementations of DAPA and expanded DACA have been on hold since February 2015 due to a preliminary injunction, supported by 26 states.

WHAT IS DAPA?

Undocumented parents of U.S. citizens and lawful permanent residents may request deferred action and apply for a 3-year work permit (employment authorization document/EAD) under the Deferred Action for Parental Accountability Program (DAPA). On November 20, 2014, they must be parents of U.S. citizens or lawful permanent residents born on or before November 20, 2014. Among other things, such parents must also have been continuously residing in the U.S. since January 1, 2010; and must have passed the required background checks. Eligible applicants would have been able to apply for DAPA around May 19, 2015, if it was not blocked by the preliminary injunction.

WHAT IS EXPANDED DACA?

The executive actions were also expanding DACA eligibility. DACA is Deferred Action for Childhood Arrivals. The executive actions are expanding work authorization to 3 years from 2 years; the age requirement to include those born prior to June 15, 1981; the continuing residence to include those residing in the U.S. since January 1, 2010 instead of June 15, 2007. All other DACA prior requirements must be met. Eligible applicants would have been able to apply for this expanded DACA around February 18, 2015, if it was not blocked by the preliminary injunction. The U.S. Citizenship and Immigration Services (USCIS) had previously approved work permit/work authorization for 3 years for certain applications for DACA extensions.

WHEN CAN ONE APPLY FOR DAPA AND EXPANDED DACA?

DAPA and expanded DACA are still blocked by an ongoing injunction. Eligible applicants may still apply for the original DACA (instead of the expanded DACA). In February 2015, with the support of 25 other states, a federal District Court in Texas issued a preliminary injunction blocking the implementation of DAPA and expanded DACA. After the 5^th Circuit Court of Appeals affirming the preliminary injunction, the U.S. government (President Obama) requested a U.S. Supreme Court review so that the U.S. federal government may proceed with DAPA and expanded DACA. On January 19, 2016, the U.S. Supreme Court agreed to review the case. This morning, the U.S. Supreme Court issued a 4-4 decision which means the injunction blocking DAPA and expanded DACA continues; and the U.S. federal government cannot move forward with DAPA and expanded DACA.

This article is intended for informational purposes only, and should not be relied on as legal advice or attorney-client relationship. By Aik Wan Kok, Lawyer USA Immigration Services, at Tiya; Tel: 703-772-8224 & koka at tiyalaw dot com; Direct dial from abroad: 001-703-772-8224; https://www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; https://immigrationresource.net

Need help with green card, work visas, work permit, sponsoring family, sponsoring employees, sponsoring relatives, hardship waivers, marriage waiver, and cases with USCIS, Department of Labor or immigration? We represent employers, companies, individuals, and families in U.S. Immigration & Nationality Law. Our clients are based nationwide in the U.S. and internationally. We represent diverse immigration cases in naturalization/citizenship, green card, work visas, waivers and other immigration matters. Some of our cases including, but are not limiting to:extraordinary ability; national interest waiver; PERM with U.S. Department of Labor; I-130 for sponsoring relatives and families (child, spouse, brother, sister, stepchild); I-140 for employment; I-485 to adjust status; I-765 work permit/employment authorization; I-131 for international travel and returning to the U.S; I-601 extreme hardship waiver relatives of U.S. citizen or green card holder; I-751 joint filing or waiver; I-212 waiver for deportation or removal order; J waiver;H-1B professional worker/specialty occupation; H-2B temporary worker; Lexecutive, manager and specialized knowledge professional transferring from overseas; E treaty investors/traders; B-1 business visitor to the U.S.; B-2 tourist visiting the U.S.; F-1 student coming to study in the U.S.; consular processing with U.S. consulates; National Visa Centers; filing cases with USCIS; filing cases withU.S. Department of Labor; PERM audit; RFE Request for Evidence; NOID Notice of Intention to Deny; and Immigration Courts.

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When Can One Apply for DAPA and Expanded DACA?

Tiyalaw — Thu, 02 Jun 2016 13:00:03 +0000

When Can One Apply for DAPA and Expanded DACA?

DAPA AND EXPANDED DACA UPDATES: U.S. Supreme Court Decision on the outcome of DAPA and Expanded DACA is likely at the end of June 2016. U.S. President Barrack Obama announced important executive actions on November 20, 2014, such as DAPA and expanded DACA. The implementations of DAPA and expanded DACA have been on hold since February 2015 due to a preliminary injunction, supported by 26 states. The fate of DAPA and expanded DACA will likely be decided at the end of June 2016 when the U.S. Supreme Court renders its decision in United States v. Texas.

WHAT IS DAPA? Undocumented parents of U.S. citizens and lawful permanent residents may request deferred action and apply for a 3-year work permit (employment authorization document/EAD) under the Deferred Action for Parental Accountability Program (DAPA). On November 20, 2014, they must be parents of U.S. citizens or lawful permanent residents born on or before November 20, 2014. Among other things, such parents must also have been continuously residing in the U.S. since January 1, 2010; and must have passed the required background checks. Eligible applicants would have been able to apply for DAPA around May 19, 2015, if it was not blocked by the preliminary injunction.

WHAT IS EXPANDED DACA? The executive actions were also expanding DACA eligibility. DACA is Deferred Action for Childhood Arrivals. The executive actions are expanding work authorization to 3 years from 2 years; the age requirement to include those born prior to June 15, 1981; the continuing residence to include those residing in the U.S. since January 1, 2010 instead of June 15, 2007. All other DACA prior requirements must be met. Eligible applicants would have been able to apply for this expanded DACA around February 18, 2015, if it was not blocked by the preliminary injunction. The U.S. Citizenship and Immigration Services (USCIS) had previously approved work permit/work authorization for 3 years for certain applications for DACA extensions.

WHEN CAN ONE APPLY FOR DAPA AND EXPANDED DACA? DAPA and expanded DACA are still on hold because it has been under litigation. Eligible applicants may still apply for the original DACA (instead of the expanded DACA). In February 2015, with the support of 25 other states, a federal District Court in Texas issued a preliminary injunction to block the implementation of DAPA and expanded DACA. After the 5^th Circuit Court of Appeals affirming the preliminary injunction, the U.S. government (President Obama) requested a U.S. Supreme Court review so that the U.S. federal government may proceed with DAPA and expanded DACA. On January 19, 2016, the U.S. Supreme Court agreed to review the case. A U.S. Supreme Court decision is likely at the end of June 2016.

The following are some possible outcomes of a U.S. Supreme Court (Court) decision:

If the Court dismisses the case because the Plaintiff states lack standing, the entire case will end, and the injunction blocking DAPA and expanded DACA will be lifted. This means the U.S. federal government can implement DAPA and expanded DACA.
The Court may reverse the 5^th Circuit Court on a critical legal issue, thereby allowing the U.S. federal government to implement DAPA and expanded DACA if it chooses to. However, the litigation on DAPA and expanded DACA may continue.
The Court may affirm the 5^th Circuit Court decision, upholding the preliminary injunction blocking DAPA and expanded DACA. This means, the U.S. federal government cannot move forward with DAPA and expanded DACA.

Need help with green card, work visas, work permit, sponsoring family, sponsoring employees, sponsoring relatives, hardship waivers, marriage waiver, and cases with USCIS, Department of Labor or immigration? We represent employers, companies, individuals, and families in U.S. Immigration & Nationality Law. Our clients are based nationwide in the U.S. and internationally. We represent diverse immigration cases in naturalization/citizenship, green card, work visas, waivers and other immigration matters. Some of our cases including, but are not limiting to: extraordinary ability; national interest waiver; PERM with U.S. Department of Labor; I-130 for sponsoring relatives and families (child, spouse, brother, sister, stepchild); I-140 for employment; I-485 to adjust status; I-765 work permit/employment authorization; I-131 for international travel and returning to the U.S; I-601 extreme hardship waiver relatives of U.S. citizen or green card holder; I-751 joint filing or waiver; I-212 waiver for deportation or removal order; J waiver; H-1B professional worker/specialty occupation; H-2B temporary worker; L executive, manager and specialized knowledge professional transferring from overseas; E treaty investors/traders; B-1 business visitor to the U.S.; B-2 tourist visiting the U.S.; F-1 student coming to study in the U.S.; consular processing with U.S. consulates; National Visa Centers; filing cases with USCIS; filing cases with U.S. Department of Labor; PERM audit; RFE Request for Evidence; NOID Notice of Intention to Deny; and Immigration Courts.

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In the U.S. Illegally? Need to fix U.S. Immigration Status? Consider Applying for DAPA Around May 19, 2015 or Expanded DACA February 18, 2015.

Tiyalaw — Fri, 16 Jan 2015 16:03:36 +0000

In the U.S. Illegally? Need to fix U.S. Immigration Status? Consider Applying for DAPA Around May 19, 2015 or Expanded DACA February 18, 2015.

The President announced several executive actions on November 20, 2014.

Parents without immigration status or who are illegally present in the U.S. (undocumented parents) of U.S. citizens or green card holders may request deferred action from removal or deportation under DAPA. They can also apply for a 3-year work permit (employment authorization document/EAD). DAPA stands for Deferred Action for Parental Accountability Program. They must have no immigration status on November 20, 2014. They must be parents of U.S. citizens or lawful permanent residents/green card sons or daughters born on or before November 20, 2014. Among other things, such parents must also have been continuously living in the U.S. since January 1, 2010; and must have passed the required background checks. Eligible applicants should be able to apply for DAPA around May 19, 2015.

Additionally, the executive actions are expanding the categories of people who are illegally present in the U.S. (undocumented individuals) who may apply for provisional waivers. Provisional waiver is a process for an eligible applicant to apply for approval of waiver of certain time bar prior to leaving the U.S. for immigrant-visa or green card consular processing. The waiver is for time bar that would have been triggered by departing the U.S. after having been illegally present for a certain period in the U.S. (unlawful presence). The expanded provisional waiver is including those who have lived in the U.S. for at least 180 days; and who are spouses, or sons and daughters of green card holders, or sons and daughters of U.S. citizens.

The executive actions are also expanding DACA eligibility. DACA means Deferred Action for Childhood Arrivals. DACA applies to certain individuals who has no immigration status or are illegally in the U.S., and who arrived in the U.S. as a child (before 16 years old). Eligible DACA applicants may apply for deferred action from deportation or removal, and apply for work permit. The executive actions are expanding work authorization to 3 years from 2 years; the age requirement to include those born prior to June 15, 1981; the continuing residence to include those living in the U.S. since January 1, 2010 instead of June 15, 2007. All other DACA prior requirements must be met. Eligible applicants should be able to apply for this expanded DACA around February 18, 2015. The U.S. Citizenship and Immigration Services (USCIS) is already approving work permit/work authorization for 3 years for certain applications for DACA extensions.

These recent executive actions are not yet effective. Individuals cannot yet apply for DAPA deferred actions or expanded DACA deferred actions until the anticipated dates above.

The government will provide guidelines in the coming months. The guidelines may provide additional criteria and further outlining eligibility. Please stay tune and sign up for our eNews for future updates.

This article is intended for informational purposes only, and should not be relied on as legal advice or attorney-client relationship.

By Aik Wan Kok Fillali, Lawyer USA Immigration Services, at Tiya; Tel: 703-772-8224 & koka at tiyalaw dot com; Direct dial from abroad: 001-703-772-8224; https://www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; https://immigrationresource.net

Need help with green card, work visa, work permit, illegal immigration status, sponsoring family, sponsoring employee, sponsoring relative, hardship waiver, and marriage waiver? Need help with filings to or cases at USCIS, Department of Labor (DOL), or immigration?

We represent employers, companies, individuals and families in U.S. Immigration & Nationality Law. We represent diverse immigration cases in naturalization/citizenship, green card, work visas, waiver and other immigration matters. For examples including, but are not limiting to, extraordinary ability; national interest waiver; PERM with Department of Labor; I-130 for sponsoring relatives and families (child, spouse, brother, sister, stepchild); I-140 for employment; I-485 to adjust status; I-765 work permit/employment authorization; I-131 for international travel and returning to the U.S; I-601 extreme hardship waiver for spouse, parent, son and/or daughter of U.S. citizen or green card holder; I-751 joint filing or waiver; I-212 waiver for deportation or removal order; J waiver; H-1B professional worker; H-2B temporary worker; L executive, manager and specialized knowledge professional transferring from overseas; E treaty investors or traders for business owners; new, start-up businesses; B-1 business visitor to the U.S. for business or legitimate activities; B-2 tourist visiting the U.S. for holiday; F-1 student coming to study in the U.S.; consular processing with U.S. consulates; consular processing via National Visa Center; filing cases with the USCIS; filing cases with the U.S. Department of Labor; PERM audit; RFE Request for Evidence by USCIS; NOID Notice of Intention to Deny from USCIS; and Immigration Courts.

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Get Ready to Apply for DAPA Around May 19, 2015 & Expanded DACA Around February 18, 2015! New Executive Actions on U.S.A. Immigration

Tiyalaw — Tue, 23 Dec 2014 16:02:47 +0000

Get Ready to Apply for DAPA Around May 19, 2015 & Expanded DACA Around February 18, 2015! New Executive Actions on U.S.A. Immigration

The President announced important executive actions on November 20, 2014.

Undocumented parents of U.S. citizens and lawful permanent residents may request deferred action and apply for a 3-year work permit (employment authorization document/EAD) under the Deferred Action for Parental Accountability Program (DAPA). On November 20, 2014, they must be parents of U.S. citizens or lawful permanent residents born on or before November 20, 2014. Among other things, such parents must also have been continuously residing in the U.S. since January 1, 2010; and must have passed the required background checks. Eligible applicants should be able to apply for DAPA around May 19, 2015.

Additionally, the executive actions are expanding the categories of undocumented individuals who may apply for provisional waivers. Provisional waiver is a process for an eligible applicant to apply for approval of waiver of certain time bar prior to departing the U.S. for immigrant-visa consular processing. The waiver is for time bar that would have been triggered by by departing the U.S. after having certain period of unlawful presence in the U.S. The expanded provisional waiver is including those who have resided in the U.S. for at least 180 days; and who are spouses, or sons and daughters of green card holders, or sons and daughters of U.S. citizens.

The executive actions are also expanding DACA eligibility. DACA is Deferred Action for Childhood Arrivals. The executive actions are expanding work authorization to 3 years from 2 years; the age requirement to include those born prior to June 15, 1981; the continuing residence to include those residing in the U.S. since January 1, 2010 instead of June 15, 2007. All other DACA prior requirements must be met. Eligible applicants should be able to apply for this expanded DACA around February 18, 2015. The U.S. Citizenship and Immigration Services (USCIS) is already approving work permit/work authorization for 3 years for certain applications for DACA extensions.

These recent executive actions have not yet been implemented. Applications based on these new executive actions cannot be filed at this time until the anticipated dates above. The government will provide guidelines in the coming months. The guidelines may provide additional criteria. Please stay tune and sign up for our eNews for future updates.

This article is intended for informational purposes only, and should not be relied on as legal advice or attorney-client relationship.

We represent employers, companies, and individuals and families in green card, citizenship/naturalization, and work visa matters in U.S. Immigration & Nationality Law. We also have a focus on naturalization and green card cases such as extraordinary ability, national interest waiver, PERM, family, and waiver cases. Additionally, we focus on temporary visas such as work visas, family visas, nonimmigrant visas, and waiver matters.

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New Executive Actions on U.S.A. Immigration

Tiyalaw — Thu, 20 Nov 2014 17:00:35 +0000

New Executive Actions on U.S.A. Immigration

The President announced important executive actions on November 20, 2014.

Undocumented parents of U.S. citizens and lawful permanent residents may request deferred action and apply for a 3-year work permit (employment authorization document/EAD) under the Deferred Action for Parental Accountability Program (DAPA). On November 20, 2014, they must be parents of U.S. citizens or lawful permanent residents born on or before November 20, 2014. Among other things, such parents must have been continuously residing in the U.S. since January 1, 2010; and must have passed the required background checks.

The executive action is expanding the categories of undocumented individuals who may apply for provisional waivers. It is including those who have resided in the U.S. for at least 180 days; and who are spouses or sons and daughters of green card holders, or sons and daughters of U.S. citizens.

These executive actions have not been implemented yet. The government will provide guidelines in the coming months. The guidelines may provide for additional criteria. Please stay tune and sign up for our eNewsletter for future updates.

This article is intended for informational purposes only, and should not be relied on as legal advice or attorney-client relationship.

We represent employers, companies, and individuals and their families in green card, citizenship and work visa matters in U.S. immigration law. We also have a focus on green card cases such as extraordinary ability, national interest waiver, PERM, family; and work visas, family visas, nonimmigrant, and waiver matters.