Tag Archives: executive order

State of the Union Tonight

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State of the Union: President Obama’s Final SOTU

EB-5 pilot program

President Obama is delivering his final State of the Union address tonight. Immigration was an important topic in his last State of the Union address. At that time, the executive orders for the deferred action programs were announced but not yet in effect. They were also not blocked in the federal court. The executive orders contained substantive measures to improve various aspects of the immigration system: L-1 visas, hardship waivers, the visa bulletin process.

 

Here are quotes from previous States of the Union.

 

“And we should continue the work of fixing our broken immigration system — to secure our borders and enforce our laws, and ensure that everyone who plays by the rules can contribute to our economy and enrich our nation.” — 2010

 

“Now, I strongly believe that we should take on, once and for all, the issue of illegal immigration. And I am prepared to work with Republicans and Democrats to protect our borders, enforce our laws, and address the millions of undocumented workers who are now living in the shadows.” — 2011

 

“I believe as strongly as ever that we should take on illegal immigration. That’s why my administration has put more boots on the border than ever before. That’s why there are fewer illegal crossings than when I took office. The opponents of action are out of excuses. We should be working on comprehensive immigration reform right now. … Send me a law that gives them the chance to earn their citizenship. I will sign it right away.” — 2012

 

“Our economy is stronger when we harness the talents and ingenuity of striving, hopeful immigrants. And right now leaders from the business, labor, law enforcement, faith communities, they all agree that the time has come to pass comprehensive immigration reform. … we know what needs to be done. … Send me a comprehensive immigration reform bill in the next few months, and I will sign it right away. And America will be better for it.” — 2013

 

“Finally, if we are serious about economic growth, it is time to heed the call of business leaders, labor leaders, faith leaders and law enforcement — and fix our broken immigration system. … So let’s get immigration reform done this year.” — 2014

 

“Yes, passions still fly on immigration, but surely we can all see something of ourselves in the striving young student, and agree that no one benefits when a hardworking mom is snatched from her child, and that it’s possible to shape a law that upholds our tradition as a nation of laws and a nation of immigrants. I’ve talked to Republicans and Democrats about that. That’s something that we can share.” — 2015

Modernized Visa Bulletin

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Check Out the New Visa Bulletin

The spate of immigration-related executive orders announced by President Obama in November 2014 has received attention because of the proposed expansion of DACA and the addition of DAPA (Deferred Action for Parents of Americans). While these provisions are being litigated, there are other immigration aspects of the executive orders that are being placed into practice. One of those is the modernization of the visa system. The October 2015 Visa Bulletin is the inaugural “modernized” visa system.

There are now two charts available per visa preference category. The Visa Bulletin will display Application Final Action Dates and Dates for Filing Applications. The Final Action Dates are when the visas can be issued. The Filing Applications Dates are the earliest an applicant may apply for Permanent Residence.

There are many individuals in the United States who have an approved PERM (Permanent Labor Certification) petition, but have not been able to apply for their Green Cards because they are waiting in lines. An Indian national might have his EB-2 PERM petition approved from October in 2010 but still be waiting in the line. While this does nothing to change the line, it provides guidelines on when individuals can file and get the Permanent Resident process started. Another benefit for someone in that situation is that he can change his employment without injuring his chances for permanent residence. The American Competitiveness Act allows for this change in employment.

The other benefit is that this normalizes the chasm in procedures of the Department of State (DOS) and USCIS. DOS handles applications filed abroad and USCIS adjudicates domestic petitions. DOS permitted the application process to begin based on its estimates of when the process would finish and a visa would be needed. USCIS forbade applications until a visa was available. This disparate system caused fluctuations in visa availability and the loss of visas that could be issued in a year. The syncing of procedures should help smooth out the disparities.

For an aspiring American Permanent Resident, the Visa Bulletin is the monthly release that informs you whether you are moving closer to a Green Card or further. It is divided by countries (“chargeability” – India, China, Philippines, Mexico, and everyone else) and by category in both the family and employment categories.

The employment category are broken into five tiers from EB-1 down to EB-5. The family category is organized by five tiers, as well, depending on the status of the person sponsoring the foreign national and her relationship to the foreign national. For example, a US citizen sponsoring her brother is in FB-4.

The Department of State releases the monthly visa bulletins based upon visa availability for the remainder of the fiscal year. The numbers are calculated on the follow factors: qualified visa applicants, pending adjustment of status applications that USCIS has, and the historical drop off rates through denials, withdrawals, and abandonments of petitions.

DACA – February 18

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The DACA Process

 

USCIS Will Start Accepting Expanded DACA Applications on February 18

DACA (Deferred Action for Childhood Arrivals) was established as a temporary relief measure for individuals who were brought to the United States as children and grew up in the US. President Barack Obama created the program through an executive order for the purpose because legislative efforts to create a DREAM Act had been stifled in Congress. A DREAM Act would allow for a path to citizenship for “dreamers,” individuals who had come to the United States as children and had continuous residence in America. Essentially, they were raised in the United States and had their entire lives in the country. DACA is only limited relief, as it provides for two years of deferred action against deportation and work authorization upon proving the seven criteria and prosecutorial discretion. This blog has covered DACA and the president’s executive actions with great interest, while hoping that meaningful immigration reform will be enacted.

Neither the DREAM Act nor comprehensive immigration reform have become bills and the president has responded with a series of executive orders that can offer temporary relief until congressional action is taken. The executive orders range from minor improvements in employment immigration to relief for millions of parents of US citizens and lawful permanent residents with the DAPA (Deferred Action for Parents of Americans and Lawful Permanent Residents) program. Part of the executive order is the expansion of DACA, making it available for more individuals. The requirements have changed, so that the age restriction is removed and the date for continuous residence is January 1, 2010. Instead of two years of deferred action, like DAPA, it will grant three years for successful applicants.

Expanded DACA goes into effect on February 18. It requires a filing fee for the application and biometrics (fingerprints) and extensive proof to document continuous residence. USCIS and immigration groups have been warning potential applicants not to be fooled by impostors or fraudulent individuals who pose as legitimate attorneys. Notarios, as they are deemed, can harm immigrant applications immediately and also saddle applicants with negative future consequences.

DACA nor DAPA grants a Green Card, US citizenship, or even a pathway to either. The programs merely allow for individuals who are low-enforcement priorities (according to recent memos pursuant to the executive orders) to obtain temporary relief while permanent legislation is enacted for actual relief. Until the political process generates a meaningful result, the executive orders will have to make do.