Understanding Obama’s Immigration Reform: Key Benefits Explored

December 2014

Published by the Law Offices of Alena Shautsova, 2908A Emmons Ave, Brooklyn, New York 11235

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― Mahatma Gandhi

Obama Administrative Immigration Reform: Who Can Benefit?

Author: New York Immigration lawyer Alena Shautsova

Obama Administrative Immigration Reform

The long waited administrative reform has been announced (please see http://www.shautsova.com/law-publications/obama-immigration-reform.html#.VIJTyDHF818). However, there are a lot of rumors as to who can qualify and what the reform actually is…

First of all, the announced administrative action is not an amnesty that will help all undocumented people in the United States. It is not the law, but is a set of improvements to the existing law that should help some (not all) undocumented persons to get some sort of relief.

The main question is who will be affected by the proposed action? First of all, it is parents of the United States citizens and permanent residents regardless of age. However, what exact relief the “reform” will bring them? For now, it is actually just a work permit after the applicant is granted a deferred action and, in some cases, an easier way to get a waiver of inadmissibility.

As such, we can divide all the undocumented parents of the USC (United States Citizens) and LPR (Lawful Permanent Residents) into two big groups: one, are those whose children are under 21 and will not be able to adjust or get a green card. It means that they will have to use the Deferred Action plan, which will protect them from deportation or removal and will give them a work permit for three years. Also, it might be that like with DACA beneficiaries, the beneficiaries of DAPA (Deferred Action for Parents) will be able to travel using an advance parole document.

The second group are those who have children USC 21 or older, and who can qualify for an immigrant visa, but due to an illegal entry will have to apply for provisional waiver. Here, the administrative reform is supposed to lessen the standards for the waiver, which in turn will make it easier to get the waiver.

Please note that the proposed administrative action cannot and will not automatically waive unlawful presence bar or entry without inspection. It means that there is no law right now that will automatically help those who came to the US illegally to get a green card. It is very important to understand that because already there is incorrect information here and there which mislead people and will result in broken hopes and money loss.

Who will not benefit from the proposed action? Undocumented persons who do not have USC or LPR children. Regardless of number of years, a person who entered legally or illegally and stayed in the US, if he/she does not have a USC or LPR son or daughter, is not covered by the administrative action. Such a person may benefit from other initiatives (possible improvements to the long lines for employment based immigration).

Further, another large group of potential beneficiaries, are childhood arrivals. The administrative action is improving criteria for DACA beneficiaries by eliminating the upper age barrier (DACA was initially could be utilized only by those who were under 31 on the day of its implementation). Now, the person does not have to worry about it, as long as he/she entered the country before the age of 16. Also, the time of continuous presence that will be taken into consideration will be changed from 2007 to 2010.

Those are the two largest groups that will be able to benefit from the administrative action. There are other points of the administrative action, but there are less significant. Those points include improvements to the process of naturalization and parole in place.

Parole in place for members of the military has actually the most significance out of all of the improvements because allows a paroled person to apply for green card or permanent residence status immediately; and if, there are no other grounds to inadmissibility, eliminates the need for a waiver.

Parole for Children from Honduras, El Salvador and Guatemala

Author: New York Asylum attorney Alena Shautsova

Parole for Children from Honduras, El Salvador and Guatemala

USCIS has announced another important initiative for children of the parents who are from one of the three countries to request to bring their children to the United States as refugees via U.S. Refugee Admission Program (“RAP”). The applications will be considered on case by case basis, and if there are strong humanitarian factors are present, the parole may be granted to those children who are not eligible for the RAP.

This latest initiative has not been discussed much in the press, may be due to the fact that only those parents who are in the U.S. legally will be able to forward such requests on behalf of their children. In most such cases, a parent would be a US citizen or permanent resident, and already has an opportunity to sponsor his/her child. While parents will not need to pay an application fee, they will need to submit themselves and their children for the DNA test for which they will have to pay. As per Department of State, in certain circumstances, the cost of the DNA can be reimbursed to the parent.

Parents will need to submit form DS-7699 which WILL NOT BE AVAIBLE to general public and cannot be completed without the assistance of Department of State funded resettlement agency.

For more information, please see http://www.state.gov/j/prm/releases/factsheets/2014/234067.htm .

SUCCSESS STORY: TERMINATION OF PROCEEDINGS FOR SPOUSE OF A US CITIZEN

Author: Deportation attorney Alena Shautsova

Ms. Amilie called our office asking if she needed to hire an attorney: ICE came to her house where she lived with a roommate. ICE agents were actually looking for her roommate, but since Ms. Amilie was right there, they also asked to see her immigration documents… Needless to say, Ms. Amilie’s visa had long expired… We recommended that Ms. Amilie had attorney’s number handy: since ICE people took her passport and copied all her information, it was very likely that she was going to be served with Notice to Appear. In the meantime, Ms. Amilie was getting ready to wed her long term boyfriend, a US citizen. The couple was saving money for the wedding for some time; and the only reason why they had not married several months earlier was due to death in the family…

The couple was finally able to wed after the service of Notice to Appear, but before the couple’s first court date. Ms. Amilie’s husband filed I 130 petition and we appeared at the first hearing. The couple was very nervous, as at this point Ms. Amilie could not leave her husband, and their whole life depended on the outcome of the court proceedings.

The next step was to pass the USCIS interview and convince the authorities that Ms. Amilie’s marriage was not performed with the sole purpose to bypass immigration laws. We worked with the couple to prepare paper evidence and prepare them for the interview so that they felt comfortable with questions. The interview was passed successfully. However, Ms. Amile was still in Immigration court proceedings, and as such only the judge was able to decide if she could become a green card holder. Currently, the wait time for an Individual hearing in New York Immigration court is more than three years. The couple was devastated: they need a faster solution.

We filed a motion to terminate Ms. Amilie’s proceedings based on the fact of successful interview and asking for permission to file further paperwork with the USCIS rather than the court. We discussed the case with the prosecutor, and the prosecutor did not object to the motion. The Immigration Judge granted the motion and Ms. Amilie successfully filed for adjustment of status. She was no longer in removal proceedings, and with the light heart, now, as green card holder, she can travel to her home country and visit her grandparents…