The President recently announced his plan to defer the deportation of up to 5 million undocumented immigrants. Below are the basics of what the plan means, and who it affects:
Call to learn what this means for your family
Deferred Action for Childhood Arrivals (DACA) program
- Came to the US before your 16th birthday
- Resided continuously in the United States since January 1, 2010
- Physically present in the United States on June 15, 2012
- Currently in school, have graduated from high school, obtained General Educational Development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
- Not been convicted of a felony, a significant misdemeanor, or three or more misdemeanors, and does not otherwise pose a threat to national security or public safety
- No addition documents necessary to be submitted unless you have documents involving removal proceedings or criminal history that you did not already submit to USCIS in a previously approved DACA request.
- We recommend submitting your application for Renewal approximately 120 days before the expiration of your current period of deferred action will expire.
Deferred action for parents of U.S. citizens and lawful permanent residents
- An undocumented individual living in the United States who, on the date of the announcement, is the parent of a U.S. citizen or lawful permanent resident and who meets the guidelines listed below.
- Allows parents to request deferred action and employment authorization if they:
- 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, Policies for the Apprehension, Detention and Removal of Undocumented Immigrants Memorandum.
Notes: USCIS will consider each request for Deferred Action for Parental Accountability (DAPA) on a case-by-case basis. Enforcement priorities include (but are not limited to) national security and public safety threats.
- Approximately 180 days following the President’s November 20, 2014, announcement.
Provisional waivers of unlawful presence
- Undocumented individuals who have resided unlawfully in the United States for at least 180 days and who are:
- The sons and daughters of U.S. citizens; and
- The spouse and sons or daughters of lawful permanent residents.
- Expands the provisional waiver program announced in 2013 by allowing the spouses, sons or daughters of lawful permanent residents and sons and daughters of U.S. citizens to get a waiver if a visa is available. There may be instances when the qualifying relative is not the petitioner.
- Clarifies the meaning of the “extreme hardship” standard that must be met to obtain a waiver.
Notes: Currently, only spouses and minor children of U.S. citizens are allowed to apply to obtain a provisional waiver if a visa is available. For more information about the waivers program, go to the Provisional Unlawful Presence Waivers page which will be updated over the next several months.
- Upon issuing of new guidelines and regulations.
Promote the naturalization process
- Lawful permanent residents eligible to apply for U.S. citizenship
- Promote citizenship education and public awareness for lawful permanent residents.
- Allow naturalization applicants to use credit cards to pay the application fee.
- Assess potential for partial fee waivers in the next biennial fee study.
Notes: Go to the U.S. Citizenship page to learn about the naturalization process and visit the Citizenship Resource Center to find naturalization test preparation resources. You can also visit the N-400, Application for Naturalization, page.
- During 2015
What Can You Begin to Do Now?
- Gather evidence and documentation establishing
- Your Identity (e.g. birth certificate, I.D. Card, Passport, etc.)
- Evidence of your Relationship to a U.S. Citizen or Lawful Permanent Resident (e.g. Marriage Certificate, Birth Certificate, etc.).
- Evidence of your continuous residence in the United States over the last 5 years
- Lease Agreement
- Utility Bills
- Cell Phone Bills
- Bank Statements
- Credit Card Statements
- Car Insurance