President Obama’s Executive Order on Immigration Explained: What you need to Know

On November 20, 2014, President Barack Obama announced a brand new executive order to address some of the issues plaguing our current immigration system. This is not the first time a president has used his executive order power with regards to immigration. Former President Bush and former President Reagan both used their executive order to grant amnesty to certain individuals during their terms as president.

Nevertheless, there has a been an outpour of emotion regarding President Obama’s recent order. Below you will find a summary as to what the President’s executive order means in every day terms.

Five (5) Initiatives

1. DACA: Deferred Action for Childhood Arrivals (expanded)
2. DAPA: Deferred Action for Parental Accountability (introduced)
3. Provisional Waivers of Unlawful Presences (expanded)
4. Immigration and the Economy (clarified)
5. Naturalization (simplified)

1. Deferred Action for Childhood Arrivals (DACA)

• It allows individuals who meet the specific requirements to request deferred action on their cases. This means one may be saved from being placed in removal proceedings, BUT…
• It does not grant any type of lawful status or a pathway toward citizenship or permanent residence
• Major Changes: Removes age cap and extends work authorization from 2 years to 3 years

Eligibility Requirements:

• You entered the United States before you turned 16 years old;
• You have lived in the United States continuously from January 1, 2010 (past 5 years);
• Was physically present in the United States on November 20, 2014 and at the time of filing application;
• Are in school, have graduated from high school, or obtained a GED;
• Have not been convicted of a felony, a significant misdemeanor, or 3+ misdemeanors, and do not pose a threat to national security.

2. Deferred Action for Parental Accountability (DAPA)

·      Benefits available are similar to DACA benefits

Eligibility Requirements:

•       You are the parent of a USC or LPR;

•       You have lived in the United States continuously from January 1, 2010;

•       You were physically present in the United States on November 20, 2014 and at the time of filing application;

•       You have not been convicted of a felony and some misdemeanors, and do not pose a threat to national security; and

•       You pay taxes after receiving deferred action.

IMPORTANT NOTE ON DACA and DAPA

•       EXPANDED DACA start date: February 18, 2015

•       DAPA projected start date: May 20, 2015

3. Provisional Unlawful Presence Waiver

• Allows eligible applicants to apply for waivers before they depart for their consular interviews for immigrant visas

• This portion expands who can apply for a provisional unlawful presence waiver of the 3 or 10-year bar
  • Before limited to the minor children and spouse of USC.
  • Adult children of USC
  • Children, minor & adult, or LPR
  • Spouses of LP
• Now, includes all statutorily eligible parties; in other words, the following individuals have been added:
• Requires a showing of EXTREME HARDSHIP

4. Economic Growth through Immigration

·      Really focuses on clarifying standards and eliminating red tape that makes investing in the US and pursuing natural career paths difficult

·      Awaiting regulations changes

5. Naturalization

·      You can now pay your naturalization fees with Credit Card