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USCIS has updated its website with more information on expanded DACA, or as we refer to it, DACA II. The requirements of DACA II are mentioned in an earlier blog post, Expanded DACA II Starts February 18, 2015. USCIS has also issued revised FAQs that cover this new program as well as the relevant form(s). It is particularly important to pay attention to the FAQs dealing with crimes, national security, and threats to public safety, as well as the FAQs toward the end in the "miscellaneous" … [Read more...]
February 9, 2015 by ·
The expanded version of Deferred Acton for Childhood Arrivals (DACA version 2) starts February 18, 2015. That will be the FIRST day USCIS will begin accepting DACA applications from the new group of individuals who will now qualify. Let's recap what deferred action is, who is in DACA I and who will be in DACA II. What is DACA and what is it not? Deferred Action is NOT a visa; it is not a green card; it is not US citizenship; it is not amnesty nor legalization. It is a temporary reprieve … [Read more...]
February 8, 2015 by ·
Finalize those offers now and prepare for April 1, 2015 H-1B Cap Filings It’s that crazy time of year again when immigration lawyers and employers try to finalize offers to candidates needing H-1B cap-subject visa petitions so they can be filed during the short five-day period beginning April 1, 2015. Given growth in the economy and recent statistics showing increased job creation, immigration attorneys expect that, like last year and every year before, demand for cap H-1Bs will exceed … [Read more...]
November 26, 2014 by ·
President Obama's November 20, 2014 announcement of Executive Action actually included 12 memos to various agencies with instruction to create or amend administrative policies or to issue new regulations. One of those memos deals with expansion of the provisional stateside or family unity waiver for unlawful presence. By way of background, waivers are additional applications required of nonimmigrants visa applicants or permanent resident applicants who are inadmissible to the US or removable … [Read more...]
November 24, 2014 by ·
In one week, the immigration alphabet soup boiled over with news about humanitarian relief: TPS, DACA and a new DAPA program. (Okay: TPS stands for Temporary Protected Status, and DACA refers to Deferred Action for Childhood Arrivals). More on these later. But, among these acronyms, DAPA is the newest program known as Deferred Action for Parental Accountability. (How do they come up with these names?) DAPA is a new form of deferred action, i.e., delay or deferment of removal for people who … [Read more...]
November 24, 2014 by ·
President Obama's November 20, 2014 Executive Action plan expands his 2012 DACA program, Deferred Action for Childhood Arrivals. This is one of two deferred action programs announced by the President last week. The Deferred Action and Parent Accountability (DAPA) program is a separate program and will be reported in another blog post. As a reminder, Deferred Action is not a visa; it is not a green card or permanent residence; it is not a path to citizenship or citizenship. It is stepping … [Read more...]
November 24, 2014 by ·
Below is a summary of the various Executive Actions announced by President Obama on November 20, 2014 concerning legal immigration to the USA. Most of the press coverage has been about the hot-button topic of what to do with the millions of people who are in the USA already in undocumented status. There has been virtually no coverage of the President's plans concerning legal immigration. While he is constrained by Congressional statute and Congressional inaction to fix legal immigration, there … [Read more...]
November 20, 2014 by ·
A short summary of President Obama's announcement tonight on Executive Action is on my advocacy blog, Seattleimmigrationlawyerblog. Information in the form of policy memos, FAQs and more is starting to pour in from the various agencies about how they will implement the program. However, many details remain to be seen and will be forthcoming in the coming weeks. The Administration's plan calls for expansion of deferred action, expansion of those who can file for provisional stateside waivers of … [Read more...]
November 19, 2014 by ·
Lawrence O'Donnell of MSNBC interviewed immigration lawyer, elder statesman and guru, Leon Wildes, about his representation of John Lennon of the Beatles. The US government threatened to deport him because of a cannibis resin conviction in the UK. In this interesting segment, O'Donnell and Wildes discuss the history of the use of the government's exercise of prosecutorial discretion. During his representation of John Lennon, Wildes filed a Freedom of Information Act request and discovered … [Read more...]
November 19, 2014 by ·
President Obama is scheduled to announce his Executive Action Plan tomorrow, Thursday night. Meanwhile, today, the Senate is debating immigration reform and President Obama's anticipated announcement. Besides offering some relief for families, we are hoping to see some other administrative fixes that deal with the legal immigration system. See my two blog posts on proposals for family and business fixes that can be accomplished administratively without the need for Congressional Action. As a … [Read more...]
