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December 2, 2014 - 3 Facts You Need to Know About the New Immigration Action

On November 20, 2014, President Obama made a bold and controversial announcement on executive actions as it relates to the treatment of undocumented immigrants in the United States.  It is estimated that over 5 million undocumented immigrants will benefit from this announcement.  Below is a list of 5 key points you need to know about the new immigration benefits announced by the president:

1. UNDOCUMENTED PARENTS OF US CITIZENS OR LEGAL PERMANENT RESIDENTS/GREEN CARD HOLDERS ELIGIBLE FOR WORK PERMIT:

Undocumented individuals living in the United States who are the parent of a U.S. citizen or lawful permanent resident and who meets the guidelines listed below can qualify for deferred action and a work permit:

- 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.  

2. DACA NOW AVAILABLE FOR PERSONS OVER THE AGE OF 31 ON JUNE 15, 2012

USCIS will expand eligibility for Deferred Action for Childhood Arrivals (DACA) to encompass a broader class of children.  Previously, DACA eligibility was limited to those who were under 31 years of age on June 15, 2012, who entered the U.S. before June 15, 2007, and who were under 16 years old when they entered.  DACA eligibility will be expanded to cover all undocumented immigrants who entered the U.S. before the age of 16, and not just those born after June 15, 1981.  USCIS will also adjust the entry date from June 15, 2007 to January 1, 2010.  The relief (including work authorization) will now last for three years rather than two.


3. FOCUS ON FELONS NOT FAMILIES

Department of Homeland Security will focus deportation proceedings on “felons 
not families” according to president Obama. Specifically, focus will be on national security threats, convicted felons, gang members, and illegal entrants apprehended at the border; the second-tier priority on those convicted of significant or multiple misdemeanors and those who are not apprehended at the border, but who entered or re-entered this country unlawfully after January 1, 2014; and the third priority on those who are non-criminals but who have failed to abide by a final order of removal issued on or after January 1, 2014.  Under this revised policy, those who entered illegally prior to January 1, 2014, who never disobeyed a prior order of removal, and were never convicted of a serious offense, will not be priorities for removal.  

For more information on these immigration benefits or a free consultation, please contact The Law Office of Renee J. Tello, PLLC at (718) 978-9000.


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The Law Office of Renee J. Tello, PLLC serves clients throughout the New York City metropolitan area including Manhattan, Queens, Brooklyn, Bronx, Staten Island and Westchester.



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