Immigration Accountability Executive Action (Obama 2014)

Note added on February 18, 2015:  Yesterday, a judge in South Texas issued a preliminary injunction which prevents (at least temporarily) the Immigration Service’s planned implementation of the DACA expansion. 

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DACA expansion, the first part of the President’s Executive Action goes live on February 18th.  USCIS has issued new forms, instructions , guidance and FAQs.  Beginning next week, more undocumented immigrants who came as children are eligible to apply for Deferred Action.  DACA has been expanded , but it certainly is not for everyone. Here are the broad guidelines.

 To be eligible , the person must :
*have come to the US before his/her 16th birthday

*been continuously resided in the US at least from September 1 , 2010 to the present

*been present in the US on June 15, 2012 and on have had no lawful status on June 15, 2012

*be currently in school , graduated from High School, have a GED or been honorably discharged from the US armed forces ,AND

*be free from any felony,  “significant misdemeanor” , more than 3 misdemeanor convictions and pose no threat to public safety or national security.

 Each case is determined on a case by case basis after submission of a new form , form I-821D,  with an extensive documentary package proving each of the elements.  The application may be accompanied by a request for employment authorization, form I-765WS.  The filing fee for the I 765WS is  $465.

 The grant of Deferred Action for Childhood Arrivals is good for a period of 3 years and may be renewed.  It is not for everyone, but the expanded program is calculated to include another 500,000 beneficiaries. 

 USCIS provides a great deal of information on DACA at www.uscis.gov , the FAQs are found at  www.uscis.gov/humanitarian/consideration-deferred-action-childhood-arrivals-process

By Catherine V. Wadhwani

For a summary of my thoughts regarding whether President Obama’s Immigration Executive Action could affect foreign physicians, please see my article, “Immigration Executive Action:  Will It Affect Physicians?” as published in the January 2015 edition of the Bulletin, which is a publication of the Allegheny County Medical Society.

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Ms. Wadhwani is a partner in the Pittsburgh office of Fox Rothschild LLP.  She may be reached at cwadhwani@foxrothschild.com.