TOP QUESTIONS

REGARDING OBAMA’S

NEW EXECUTIVE ACTION

ON IMMIGRATION

Lee and Garasia, LLC

190 State Route 27

Edison, NJ 08820

(732) 516-1717

2014 Executive Order on Immigration

1. President Obama announced a historic Executive

Order on November 20, 2014.

2. Under the Executive Action, approximately five million

undocumented and illegal aliens will be protected from

deportation.

3. This protected class of people will also be able to apply

for work authorization for up to three years.

Lee & Garasia, 732-516-1717

Deferred Action for Parents or DAP

• Under this initiative, those aliens who are illegally here

who have US citizen or green card holder children may

eligible to apply for deferred action.

• Deferred action will give them three years protection from

deportation and the ability to apply for a work permit.

• Applicants will need to show proof of residence in the

United States since before January 1, 2010.

• Applicants will need to undergo security checks and pay

backtaxes.

Lee & Garasia, 732-516-1717

DACA Class Opened Up

• Deferred Action for Childhood Arrivals will be expanded to

include those individuals who otherwise satisfy the critera

but were born before June 15, 1981.

• Duration of deferral and period of authorization to work

expanded from two to three years.

• Residence cut off date pushed from June 15, 2007 to

January 1, 2010.

Lee & Garasia, 732-516-1717

Unanswered Questions

While USCIS has given us the broad strokes of the

Executive Order, there are questions that will hopefully be

addressed in the next couple of weeks through policy

regulations and guidance memos:

Lee & Garasia, 732-516-1717

Will Advance Parole Be Available To DAP

People?

• Advance Parole is available to DACA individuals and

gives them the opportunity to travel abroad under certain

circumstances.

• Will DAP be allowed to travel? If so, will it be under the

same criteria considered for DACA people when they

apply?

Lee & Garasia, 732-516-1717

Do Stepchildren Count?

• DAP requires that the individual have a US Citizen or

Lawful Permanent Resident son or daughter.

• What if the son or daughter is not a biological son or

daughter?

• In other words, do stepchildren count?

• What about adoptive children?

• What if the applicant does have children but does not live

with them?

• What if the applicant has children that he/she does not

live with, but nevertheless does support?

Lee & Garasia, 732-516-1717

Criminal Record

• Will DAP applicants be subject to the same restrictions as

DACA people?

• How will minor offenses and traffic offenses affect the

discretionary decision?

Lee & Garasia, 732-516-1717

How USCIS treat certain issues?

• What if the DAP applicant has used a false social security

number?

• What if the DAP previously claimed to be a United States

Citizen?

• Certain behavior can be excused due to immaturity of

DACA people. What about adult parents?

• What if the applicant has a prior removal order?

Lee & Garasia, 732-516-1717

Provisional Waiver Question

• Preference relatives now allowed to apply for an I-601A

Provisional Waiver to Cancel the 10 year bar.

• This means:

• Spouses and children of lawful permanent residents

• Sons and daughters of US Citizens

But what about hardship?

Is hardship still only to Spouse or Parent?

Does Spouse or Parent have to be US citizen?

Lee & Garasia, 732-516-1717

What Can You Do In The Meantime?

According to USCIS, the best thing you can do while

awaiting the issuance of further instructions is to collect

documentation establishing:

• Identity

• Relationship to US citizen or Lawful permanent resident

and

• Continuous residence in the US over the last five years or

more.

Lee & Garasia, 732-516-1717

For More Information:

• The process of applying for DAP, or even the new DACA, is bound to be as deceptively simple as DACA was.

• Many DACA applications were rejected due to issues that might have been overlooked by the applicant but which could have been spotted by a top immigration attorney.

• If you need help in preparing documents for DAP or DACA, please contact us at

• 732-516-1717

• www.njimmigrationattorney.com

• Lee & Garasia, LLC

• 190 Route 27

• Edison, NJ 08820

Lee & Garasia, 732-516-1717