Who Will Benefit from the Executive Actions

Our office has been flooded with calls, many asking whether their relatives both in the US and in Vietnam are eligible. Today we will clarify exactly who is eligible and who is not eligible to benefit from Executive Action

In general, the Executive Actions apply only to people who are in the US now and who are out of status. The Actions do not apply to anyone living outside the US, and do not apply to any future arrivals in the US. The main beneficiaries of the Actions will be undocumented Mexican migrants. 

The Actions allow for temporary legal status and allow for work permits, but they are not permanent solutions. The approved applicants will not get health insurance or other public benefits and will not be on any path to Green Cards or Citizenship.

DACA (Deferred Action for Childhood Arrivals): The upper age cap of 31 years will be eliminated. People of any age can apply

· if they entered the US before their 16th birthday AND
· if they entered before 01 January 2010. 

CIS will begin accepting applications in February 2015.

DAPA (Deferred Action for Parental Accountability): This will benefit illegal alien parents of US citizens and lawful permanent residents. They will now be eligible for deferred action if they have been present since 01 January 2010 and have five years of total presence in the US. CIS will begin accepting applications in May 2015.

For DAPA, an applicant must have been present in the US on November 20, 2014 and be present at the time of making the request for deferred action. Like DACA, deferred action will be granted for a period of three years. DAPA Applicants may not have a lawful status on November 20, 2014.

Who Will Not Benefit from the Executive Actions? In his speech, Mr. Obama said that these Executive Actions

· do not apply to anyone who has come to this country recently,
· do not apply to anyone who might come to America illegally in the future,
· do not grant citizenship or the right to stay here permanently.” 

So the main group that does not stand to benefit from Obama’s executive actions are recent arrivals. That includes tens of thousands of Central Americans who have fled violence in Honduras, Guatemala, and El Salvador during the last year.

Let’s look at some specific questions we received from callers to our office:

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Q.1. Does my sister qualify for expanded DACA since she came to the US in December 2009 when she was 18 years old?
A.1. DACA is only available to those entered the US before their 16th birthday AND who entered before 01 January 2010. 

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Q.2. Does my niece qualify for DAPA as she was an international student entering the US before January 01, 2010, and out of status since 2012 when she had a baby, who is an American citizen and is 2 years old?
A.2. Your niece would probably qualify for DAPA if she has been present in the US since 01 January 2010 and has five years of total presence in the US. 

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Q.3. My sister came to the US in 2008 gave birth to an American child who she brought back to Vietnam with her. If she comes back to the US with the child, will she be eligible for the Executive Action?
A.3. Executive Actions only apply to those already in the US, not to those who will come to the US in future.
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Q.4. My aunt has an American child born out of wed lock in Vietnam 14 years ago. Can she benefit from this Executive Action?
A.4. In this case, the answer is also, “no”. She has not lived in the US for the past five years and DAPA only applies to persons who are already in the US.

 

ROBERT MULLINS INTERNATIONAL www.rmiodp.com www.facebook.com/rmiodp
Immigration Support Services - Tham Van Di Tru 

9070 Bolsa Ave., Westminster CA 92683 (714) 890-9933
779 Story Road, Ste. 70, San Jose, CA 95122 (408) 294-3888
6930 65th St. Ste. #105, Sacramento CA 95823 (916) 393-3388
Rang Mi - 47 Phung Khac Khoan, Q1, HCMC (848) 3914-7638