Ask An Immigration Lawyer :: What You Need to Know About the New Immigration Reforms

President Obama announced on November 20, 2014 a new package of immigration reforms called the Immigration Accountability Executive Action; these changes impact all parts of the US Immigration system, and include the following highlights:

� A deferred action plan for portion of the unauthorized population living in the States

� Border security and enforcement

� Improvements to the adjudication of business and family petitions

Nearly two decades have passed since a major immigration reform has been enacted in the US and currently an estimated 11.5 million people are living in the States without legal status. Most of these people have families and jobs, but cannot work legally and live in fear of deportation.

The Executive Action confers deferred action on certain undocumented families in the States that meet the criteria detailed below. Deferred action is an exercise of prosecutorial discretion whereby DHS (Department of Homeland Security) agrees to defer or suspend the removal of a non-citizen; it is a temporary reprieve from enforcement and/or deportation.

If an individual qualifies for deferred action under the President's Executive Action, they will be eligible to apply for work authorization for three years. However, those who apply for deferred action and are denied could put themselves at serious risk of deportation. It is therefore critically important that those seeking deferred action contact an experienced US immigration attorney before applying, as an immigration attorney must first review their documents and subsequently file a suitable application on their behalf. Keep in mind, deferred action does not confer legal status, the grant is temporary, but those granted the temporary status will be eligible to apply for the three year work permit and will be able to live in the US without constant trepidation or fear of deportation.

Qualifications for Deferred Action for Parental Accountability (DAPA):

� Applicants must have a child that is either US Citizen or a Legal Permanent Resident (green card holder); this child must have been born on or before November 20, 2014.

� Foreign nationals must be physically present inside the States on or before November 20, 2014 and must still be present inside the US on the date they apply for DAPA.

� Foreign national must have been continuously residing in the States since January 1, 2010.

� All applicants much take and pass a criminal background check.

� Applicants must begin to pay their fair share of taxes.

When can you apply?

As previously stated, while this action has many benefits there are also serious risks involved. Be sure to contact a seasoned US Immigration attorney and review your case before applying. The United States Citizenship and Immigration Services is said to begin accepting applications from eligible applicants no later than 180 days after the date of the President's announcement (May 19, 2015).

Four Reasons Why Undocumented Irish Nationals won't be heading home for the Holidays:

1. Those looking applying for DAPA in the future should not travel outside the United States.

2. Individuals who have been inside the States unlawfully for a period of more than 180 consecutive days, but less than one year, and then depart the US will trigger a three (3) year unlawful presence bar. Those who do this will be barred from readmission for the 3 years from the date of their departure.

3. If you have been inside the States unlawfully for a period of 1 year or more, and then depart the States you will trigger a 10-year unlawful presence bar, and will be barred from readmission for the 10 years from the date of their departure.

4. Once you file your application for DAPA with USCIS and it is approved, you can then apply for advance parole. Advance parole will grant you the freedom to travel internationally and USCIS will determine whether your purpose for international travel is justifiable based on the circumstances you describe in your request. Generally, USCIS will only grant advance parole if your travel abroad will be in furtherance of:

� Humanitarian purposes, including travel to obtain medical treatment, attending funeral services for a family member, or visiting an ailing relative;

� Educational purposes, such as semester-abroad programs and academic research, or;

� Employment purposes such as overseas assignments, interviews, conferences or, training, or meetings with clients overseas.

It's important to note that travel for vacation is not a valid basis for advance parole.

For more detailed information on this topic, contact Attorney Caro Kinsella, Immigration Attorney. Her team of legal experts specialize in gay immigration matters, and will assist you with green cards, visas and all other US Immigration matters. Click here to contact the attorney's office directly.