Q: I am a foreign national residing in the United States. I overstayed a visitor’s visa eight years ago. I have two kids, both were born here. Do I qualify for any type of immigration relief based on President Obama’s speech last week?
A: On November 20, 2014, President Obama announced that he will require certain undocumented immigrants to pass a criminal background check and pay taxes in order to temporarily stay in the U.S. without fear of deportation. Individuals living in the United States may apply for deferred action and employment authorization if:
• As of November 20, 2014, you are the parent of a U.S. citizen or lawful permanent resident
• Have continuously resided in the United States from January 1, 2010 to present
• Were physically present in the United States on November 20, 2014, and will be physically present in the United States at the time of making the request for consideration of deferred action from USCIS
• Have no lawful status in the United States as of November 20, 2014
• Are not an enforcement priority. Enforcement priorities include but are not limited to national security and public safety threats. Check back here for updates as to the degrees of enforcement priorities that USCIS plans to implement.
Q: I think I am eligible! How do I apply?
A: USCIS is not accepting requests or applications at this time. The agency anticipates this new form of relief to go into effect approximately 180 days following the President’s November 20, 2014 announcement.
Q: How long will I be granted deferred action and employment authorization?
A: If you are granted relief through this program, you will receive deferred action relief and employment authorization for three years.
Q: If I believe that I am eligible for deferred action through this program, what can I do right now in order to prepare for applying when the policy is officially announced?
A: While USCIS is not accepting requests or applications at this time, you can begin collecting documents to establish your identity, relationship to a U.S. citizen or lawful permanent resident and your presence in the United States from January 1, 2010 to present.
Reddy & Neumann, P.C. is an immigration law firm in Houston, Texas. For over 15 years, our firm has successfully represented corporate clients across the United States in their efforts to bring foreign workers and business professionals to the United States. Reddy & Neumann, P.C. is dedicated in its advocacy and community involvement efforts towards achieving effective comprehensive immigration policy reform. From filing, through approval, and on to appeal, we do everything possible to ensure that your company can bring the best and brightest in the world to the United States.