Administrative Relief by Executive Action

President Barack Obama made an announcement on November 20, 2014 regarding executive actions that will provide some relief from deportation to an estimated 4.9 million undocumented immigrants in the U.S. While some specifics of the program are currently available, USCIS is not yet accepting applications for the new executive actions.

The staff and attorneys at Jacobs & Schlesinger will make every effort to keep this page as up to date as possible. Information on this page will be factual and based on information directly from the Government and professional interpretation by certified attorneys in good standing with the bar.

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Please note that nothing on this page, or this site can or should be interpreted as legal advice. Every situation is unique and requires individual assessment by a qualified attorney. If you think you may qualify for any sort of immigration relief, please contact our office at (619) 230-0012 at set up a consultation for an individual evaluation.

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What Administrative Relief Is

Over the next few days you should expect this page to be updated with:

  • A official shift in enforcement priorities for Immigration and Customs Enforcement (ICE) to:
    • Suspected terrorists, convicted felons, convicted gang members, and persons apprehended at the border;
    • Persons convicted of serious or multiple misdemeanors;
    • Very recent border crossers (those who entered after January 1, 2014); and
    • Those who, after January 1, 2014, have failed leave under a removal order.
  • An expansion of deferred action through
    • Deferred Action for Parental Accountability (DAPA) – Relief for parents of U.S. citizens & lawful permanent residents
      • No age restriction
      • Have maintained continuous presence since January 1, 2010
        • Must be present in the U.S. on November 20, 2014
        • Must be present in the U.S. at the time of making the DAPA request
      • Must pass background checks and pay back taxes.
      • Note: This program does NOT include parents of DACA recipients.
    • Expansion of Deferred Action for Childhood Arrivals (DACA)
      • Age restriction removed
      • Start date for continuous presence requirement moved from June 15, 2007 to January 1, 2010
      • Must meet all other qualifications for DACA
      • DACA and the associated work permit will be granted for three years instead of two.
  • Business Immigration Changes
    • Specific information on these changes has yet to be announced,

 

The list above represents the largest and most impactful aspects of the forthcoming administrative relief. There are other more specific and technical aspects of the announced administrative relief that you can find more information on by visiting the links in the “Other Resources” section below. If you believe you may qualify for part of the upcoming administrative relief programs, please call our office at (619) 230-0012 to request a consultation.

 

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What Administrative Relief is Not

While this executive action is exciting, and a step in the right direction, there are a few things that it is not:

  • A change in the law;
    • The president does not have the ability to change law by himself. Everything announced in President Obama’s speech on November 20, 2014 is legal under current U.S. immigration law and policy.
  • A new pathway to citizenship;
    • This program does not create a new pathway to citizenship or lawful permanent residence.
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How to Prepare

While USCIS will not be accepting requests for a couple months, there are things you can do now which will make it easier to apply later. If you think you may be eligible:

  • Begin collecting and organizing documents that show:
    • Your identity;
    • Your continuous presence in the U.S. from January 1, 2010 through the present;
    • Your presence in the U.S. specifically on November 20, 2014; and
    • Any other documents you think may be relevant to your immigration history, including:
      • Documents associated with any contact with law enforcement, no matter how minor;
      • Documents associated with travel border crossing;
      • Addresses of past residences; and
      • Anything else you think may be relevant.
  • Avoid being the victim of fraud
    • Unfortunately, some will see this as an opportunity to take advantage of a vulnerable population. Don’t let yourself fall victim to fraud! Make sure any legal assistance you receive is from a licensed attorney in good standing with the appropriate bar.
  • Schedule a consultation.  While this program is tremendous step in the right direction, there are risks associated with requesting deferred action.  Your personal risk needs to be individually assessed by a qualified attorney.
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Request a Call Back

Our office is scheduling consultations to evaluate potential eligibility for the announced administrative relief programs. If you’d like to request a call back from our office in order to schedule a consultation, please fill out this form.

Please call our office at (619) 230-0012 or email mail@jsslegal.com with any other questions or requests for information.

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Jacobs & Schlesinger is scheduling consultations based on the administrative actions announced on November 20, 2014
Call our office to set up a consultation! (619) 230-0012