The first important thing to know about the immigration relief announced by President Obama on November 20, 2014, is that it’s not an “amnesty.” Unlike President Reagan’s amnesty in 1986, the recent Executive Action does not create a new basis for residence that will legalize several million people who currently have no status, it only offers new temporary forms of relief from deportation or removal, and temporary work authorization, for limited classes of people. The second thing to know is, no one can apply right away.
None of the immigration initiatives announced as a part of the President’s Executive Action are in place yet, nor will any of them be in place before the end of calendar 2014. Don’t pay anyone to file an application for you for one of the new forms of relief included in that announcement until USCIS publishes new forms, and announces the new application procedures and their effective dates. The agency needs time to update, revise and publish new forms, establish rules for the supporting documentation, set fees and filing procedures for the new application types, and allocate and train staff to review those new types of applications, before those processes go live.
Some of the immigration initiatives mentioned, such as measures to ease employment-based immigrant quota backlogs and enhance “portability” for foreign workers, do not even have anticipated timelines yet. The most urgent benefits for some of those currently without status do have projected timelines, but they will not be in place until the spring of 2015.
Specifically, USCIS expects an application process for the expanded version of DACA, Deferred Action for Childhood Arrivals, to be in place about 90 days from the announcement, i.e. after February 19, 2015. This new expanded DACA benefit covers those who arrived in the United States before age 16, and have resided continuously in the US since January 1, 2010.
USCIS expects to have an application process for the new DAPA benefit, Deferred Action for Parental Accountability, in place about 180 days from the announcement, i.e. after May 19, 2015. The DAPA benefit covers parents of a US citizen or permanent resident child born on or before November 20, 2014, and have resided continuously in the US since January 1, 2010.
In the meantime, people who may qualify for immigration relief who are awaiting the publication of specific filing procedures may want to consult with a pro bono or low-cost legal service provider, a qualified immigration attorney, or an accredited BIA representative, to ask basic questions about eligibility, and about gathering documentary evidence that will be needed to prove identity, qualifying relationships, and proof of continuous residence in the United States.
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