Gorman Law Firm, PLLC

Delivering Your American Dream

Freedom From Fear

After living in the United States illegally for so many years, a cautious life becomes a normal life. It becomes normal to stay in the same job for as long as you can keep it, no matter what the conditions are, because the risk of finding another job without a Social Security card or with a fake number is too high. It becomes normal to drive only when necessary because one traffic stop, one wrong answer to a police officer, could destroy the life you created here. However, President Obama has recognized that this sense of normalcy is false, unfair, and goes against the ideals this country was founded on. On November 20, 2014, President Obama’s Executive Order considered three important aspects of immigration in the United States. First, he has affirmed that additional resources for law enforcement personnel will be provided at the boarder. Second, it will be easier and faster for high-skilled immigrants, graduates, and entrepreneurs to stay and contribute to the United States economy. Third, and most importantly, the United States will take steps to deal responsibly with the millions of undocumented immigrants who already live in our country. The goal of the order is to keep focusing enforcement resources on actual threats to national security. “To focus on felons, not families. Criminals, not children. Gang members, not a mom who’s working hard to provide for her kids.”

To be clear, the executive order does not grant citizenship or permanent residency; it does not apply to anyone who has come into this country illegally recently; and it does not apply to anyone who might come to American illegally in the future. It is a temporary excuse from deportation and gives the people an opportunity to get their immigration status corrected. There are five different categories that people must fall into in order for the Executive Order to apply to them:

1. Deferred Action for Childhood Arrivals (DACA) program
Who •    Current DACA recipients seeking renewal and new applicants, including individuals born prior to June 15, 1981, who meet all other DACA guidelines.
What •    Allows individuals born prior to June 15, 1981, to apply for DACA (removing the upper age restriction) provided they meet all other guidelines.

•    Requires continuous residence in the United States since January 1, 2010, rather than the prior requirement of June 15, 2007.

•    Extends the deferred action period and employment authorization to three years from the current two years.

When •    Approximately 90 days following the President’s November 20, 2014, announcement.
How •    Go to the Consideration of Deferred Action for Childhood Arrivals (DACA) page for instructions which will be updated over the next several months. Subscribe to this page to receive updates by email.
2. Deferred action for parents of U.S. citizens and lawful permanent residents
Who •    An undocumented individual living in the United States who, on the date of the announcement, is the parent of a U.S. citizen or lawful permanent resident and who meets the guidelines listed below.
What •    Allows parents to request deferred action and employment authorization if they:

•                      Have continuous residence in the United States since January 1, 2010;

•                      Are the parents of a U.S. citizen or lawful permanent resident born on or before November 20, 2014; and

•                      Are not an enforcement priority for removal from the United States, pursuant to the November 20, 2014, Policies for the Apprehension, Detention and Removal of Undocumented Immigrants Memorandum.

Notes: USCIS will consider each request for Deferred Action for Parental Accountability (DAPA) on a case-by-case basis. Enforcement priorities include (but are not limited to) national security and public safety threats.

When •    Approximately 180 days following the President’s November 20, 2014, announcement.
How •    Subscribe to this page to receive updates by email.
3. Provisional waivers of unlawful presence
Who •    Undocumented individuals who have resided unlawfully in the United States for at least 180 days and who are:

◦                      The sons and daughters of U.S. citizens; and

◦                      The spouse and sons or daughters of lawful permanent residents.

What •    Expands the provisional waiver program announced in 2013 by allowing the spouses, sons or daughters of lawful permanent residents and sons and daughters of U.S. citizens to get a waiver if a visa is available. There may be instances when the qualifying relative is not the petitioner.

•    Clarifies the meaning of the “extreme hardship” standard that must be met to obtain a waiver.

When •    Upon issuing of new guidelines and regulations.
How •    Subscribe to this page to receive updates by email.
4. Modernize, improve and clarify immigrant and nonimmigrant programs to grow our economy and create jobs
Who •    U.S. businesses, foreign investors, researchers, inventors and skilled foreign workers.
What USCIS will:

•    Work with the Department of State to develop a method to allocate immigrant visas to ensure that all immigrant visas authorized by Congress are issued to eligible individuals when there is sufficient demand for such visas.

•    Work with the Department of State to modify the Visa Bulletin system to more simply and reliably make determinations of visa availability.

•    Provide clarity on adjustment portability to remove unnecessary restrictions on natural career progression and general job mobility to provide relief to workers facing lengthy adjustment delays.

•    Clarify the standard by which a national interest waiver may be granted to foreign inventors, researchers and founders of start-up enterprises to benefit the U.S economy.

•    Authorize parole, on a case-by-case basis, to eligible inventors, researchers and founders of start-up enterprises who may not yet qualify for a national interest waiver, but who:

◦                      Have been awarded substantial U.S. investor financing; or

◦                      Otherwise hold the promise of innovation and job creation through the development of new technologies or the pursuit of cutting-edge research.

•    Finalize a rule to provide work authorization to the spouses of certain H-1B visa holders who are on the path to lawful permanent resident status.

•    Work with Immigration and Customs Enforcement (ICE) to develop regulations for notice and comment to expand and extend the use of optional practical training (OPT) for foreign students, consistent with existing law.

•    Provide clear, consolidated guidance on the meaning of “specialized knowledge” to bring greater clarity and integrity to the L-1B program, improve consistency in adjudications, and enhance companies’ confidence in the program.

When •    Upon issuing necessary guidance and regulations.
How •    Subscribe to this page to receive updates by email.
5. Promote the naturalization process
Who •    Lawful permanent residents eligible to apply for U.S. citizenship
What •    Promote citizenship education and public awareness for lawful permanent residents.

•    Allow naturalization applicants to use credit cards to pay the application fee.

•    Assess potential for partial fee waivers in the next biennial fee study.

•                Notes: Go to the U.S. Citizenship page to learn about the naturalization process and visit the Citizenship Resource Center to find naturalization test preparation resources. You can also visit the N-400, Application for Naturalization, page.

When •    During 2015
How •    Subscribe to this page to receive updates by email.

Information from: http://www.uscis.gov/immigrationaction

All who fall into the above categories must be in good standing with the law and must not have a criminal record or ties to terrorism. Additionally, they will not have access to social welfare or any other form of government assistance. Thus, if you register, you must pass a criminal background check and must be willing to pay your fair share of taxes in order “to stay in this country temporarily without fear of deportation.”

Gorman Law Firm, PLLC
200 West Blvd
Charlotte, NC 28203
Phone: 704-537-1400
Fax: 704-537-3727 

Hours of Operation
Monday-Friday: 8:30am-6pm


Saturday by appointment: 10am-2pm