Primer on President Obama’s Executive Order on Immigration

1. What is Pres. Obama’s Executive Order on Immigration?
Due to tremendous pressure from community and supporters of genuine immigration reform in the U.S., ) on November 20, 2014, Pres. Obama extended the Deferred Action for Childhood Arrivals (DACA) and expanded it to cover undocumented parents of Legal Permanent Residents/”Green Card Holders” and Citizens called Deferred Action for Parental Accountability (DAPA

For DACA, age limits were taken out. Now, those over 30 years old can apply. It also extended the cut off entry date to January 1, 2010. Also, the period for which DACA and the accompanying employment authorization is granted will be extended to 3 years instead of 2 years. This is a temporary immigration relief and does not provide a path to citizenship.

2. How do I qualify?

Deferred Action for Childhood Arrivals (DACA)

  • Entered the U.S. without inspection, or your lawful immigration status have expired before November 20, 2014.
  • Came to the U.S. before your 16 years old
  • Present in the United States on November 20, 2014
  • Must be currently enrolled in school, have graduated from high school or gotten a certificate of high school completion or earned a GED
  • Must be at least 15 years old to file for DACA application
  • Have resided continuously in the U.S. since January 1, 2010
  • Have no convictions of a felony or significant misdemeanor, or 3 minor misdemeanors

Deferred Action for Parental Accountability (DAPA)

  •  A parent of a U.S. citizen or lawful permanent resident (“Green card holder”) born on or before November 20, 2014
  • Have lived in the U.S. since January 1, 2010
  • Present in the U.S. on November 20, 2014 and on the date you apply for deferred action
  • Have no lawful immigration status in the U.S. on November 20, 2014
  • Submit to, and pass security and criminal background check

3. What should I do to prepare?
We strongly urge everyone to take precaution against predatory individuals, services, and agencies with the intention to misinform or scam those looking to apply.

  • Start saving money for the application fee (it might be more than $465)
  • Gather proof of your identity: a passport from your home country, other type of government-issued ID, or a birth certificate with photo ID
  • Gather proof of your relationship to a citizen or LPR (greencard holder) such as birth certificates,  marriage certificates,  your spouse or child’s U.S. passport or naturalization certificate, your spouse or child’s green card
  • Gather proof of how long you’ve been in the U.S. such as school records, medical or hospital records, letters, bills (electricity, phone, gas, etc.) rent payment receipts passport with admission stamp copies of money order receipts  bank transactions
  • Gather your criminal records: Arrest records, Court dispositions, FBI criminal background checks, any expungement records, proof of rehabilitation (completion of DUI and other classes)
  • If you have a criminal conviction, check with an attorney to see if you can expunge, vacate, or modify this conviction.
  • If you have a prior deportation or removal order, check with an attorney or BIA-accredited representative.

4. What should I do if I don’t qualify?
We recognize that Pres. Obama’s executive order falls short of our demand for a genuine and humane immigration reform that values family reunification. As Filipinos, we must come together, organize and advocate. We need to add our voices in shaping the immigration system of the United States. Join the Filipino Immigrant and Workers Organizing Project now.

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