President Obama announced a new policy changing its prosecutorial discretion policy. The new policy will allow certain individuals to remain in the United States if they meet the requirements. To stop deportation of illegal immigrants must:

  • Came to the United States under the age of 16
  • Continuously resided in the U.S. for at least 5 years preceding the date of the memorandum (6/15/12)
  • is currently in school, has graduated from high school, has obtained a general education

development certificate, or is an honorably discharged veteran of the Coast Guard or

Armed Forces of the United States;

  • has not been convicted of  a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise poses a threat to national security or public safety; and,
  • is not above the age of 30.

The order does not guarantee amnesty or any automatic citizenship. It is a discretionary policy to help children who arrived here in our country illegally and have ties to the community so that they do not have to fear deportation.

Upon receiving a deferral approval, the person would be able to apply for a work permit, decided on a case by case basis. The Obama Administration estimates the new order will affect approximately 800,000 people.  The decision comes at a time when the President needs the support of Latino voters to win re-election in several swing states such as Colorado, Florida, Nevada and Virginia, which have growing Latino populations.

Immigration Overhaul Still Required

President Obama has been advocating an overhaul of the U.S. immigration laws and supported the Dream Act, which Congress blocked from becoming law in 2010. While this new policy falls short of immigration overhaul, these measures allow a bright, talented and educated young person who is here in the U.S. to start a business, create jobs and help the U.S. economy grow as well.  Proponents of immigration reform hope that Congress will be forced to pass similar legislation and give these people a path to citizenship while protecting against future abuses of illegal immigration.

If you are interested in applying for a green card or work permit, need to change your immigration status, think you may qualify for deferred action or need assistance with another immigration matter contact my office today.

This website is for advertising purposes only and is not intended to create an attorney-client relationship.