For those of you who have been following the news on immigration, but are still wondering what will be the effect of the administration’s executive actions on you individual legal status, here is a summary of some of the elements that are expected to be included:
1. Enforcement Priorities. A new memo is expected to name three enforcement priorities:
a. Suspected terrorists, convicted felons (including aggravated felonies), convicted gang members, and people apprehended on the border;
b. People convicted of serious or multiple misdemeanors, and very recent entrants (i.e., those who entered after 1/1/14);
c. Those who, after 1/1/14, failed to leave under a removal order or returned after removal.
2. Border Security. The Secretary of DHS will announce a South Border “command and control” campaign to coordinate and better use resources at the border.
3. State and Local. Secure Communities will be discontinued and replaced by a Priority Enforcement Program (PEP). Detainers will be discontinued for all except national security cases. Instead of detainers, there will be a request for notification when a law enforcement entity is about to release a convicted criminal.
4. Two deferred action initiatives are estimated to benefit 4.4 million:
a. Deferred Action for Parents (DAP). Parents of U.S. citizens and lawful permanent residents (of any age) who have been continuously present since 1/1/10, and who pass background checks and pay taxes, will be eligible to apply for deferred action, which will be granted for a 3-year period. Note that parents of DACA recipients are not eligible.
b. Expansion of DACA. DACA will be revised to get rid of the age cap, and to change the date that continuous presence must have started to 1/1/10. It also will be granted for 3 years (including those with pending renewal applications).
5. Pending Proceedings. There will be a review of cases currently under proceedings to evaluate who is prima facie eligible for the relief stated in this program, and those cases will be closed.
6. Foreign Entrepreneurs. Certain investors will be able to be paroled into the U.S., or be granted parole in place if already in the United States, for job creation (no further details at this time). This will be done by regulation. Also, entrepreneurs, researchers, inventors, and founders will be eligible for national interest waivers. This will be implemented through policy guidance.
7. Pre-registration for Adjustment of Status. Individuals with an approved employment-based immigrant petition who are caught in the quota backlogs will be able to pre-register for adjustment of status to obtain the benefits of a pending adjustment. This is expected to impact about 410,000 people. This will be done by regulation.
8. OPT. The length of time in OPT for STEM graduates will be expanded and the relationship between the student and the school will be strengthened for this period.
9. I-601a Waivers. The provisional waiver will be expanded to include spouses and children of LPRs. The definition of extreme hardship will be expanded and clarified.
10. Advance Parole. There will be a new advance parole memo that will address the issues raised in Matter of Arrabally-Yerrabelly and make clear that CBP should honor the advance paroles issued by USCIS.
11. Integration. A second Presidential Memorandum will set up a Task Force on New Americans.
Details regarding the upcoming changes are still being worked on at this time. Some changes will require regulations, but others will be done by memo. We will keep you informed as we learn more about the administration’s plans on immigration.
For further information regarding this topic or to schedule a consultation, please contact our office at 954-843-3494
What Changes are Expected Under the President’s Immigration Accountability Executive Actions #immigrationaction
Obama Administration Considers Immigration Plan That Could Help 5 Million Get Deportation Protection
Obama's announcement could come as early as next week and could extend protections from deportation to as many as 5 million people now in the country illegally. Changes to law enforcement programs and an expansion of business visas also are expected.
Read More at: http://www.huffingtonpost.com/2014/11/14/obama-immigration-plan_n_6156980.html?utm_hp_ref=immigration-reform
"We’re in the final stages of developing some executive actions," Johnson said. "We have a broken immigration system. The more I delve into it, the more problems I see," Reuters reported.
Read More at: http://thehill.com/homenews/administration/224304-dhs-chief-obama-immigration-order-in-final-stages
An internal debate over the timing of President Barack Obama’s executive order on immigration has raged for months, with White House officials gaming out options to minimize the collateral damage yet failing to reach consensus on the best moment to act before their year-end deadline.
Read more: http://www.politico.com/story/2014/11/president-obama-immigration-112915.html#ixzz3JLCrqIT4
“I told the president last week directly: ‘If you proceed with executive amnesty, not only can you forget about getting immigration reform enacted during your presidency, you can also expect it to jeopardize other issues as well,’” Boehner said, according to a source in the room. “We don’t know when exactly he’ll do it or how exactly he’ll do it. But if he proceeds, we are going to fight it.”
Read more: http://www.politico.com/story/2014/11/john-boehner-obama-immigration-112861.html#ixzz3JLCEyyTY
Born in Wales in 1937, Anthony Hopkins became a naturalized U.S. citizen in 2000. He is regarded as one of the most distinguished actors of his time and best known for films such as The Remains of the Day, The Silence of the Lambs, Legends of the Fall and Nixon.
After 5 years (or 3 years for some people) being a Green Card holder, is time to think about applying to U.S. Citizenship. Naturalization is a privilege and not an automatic right. Thus, the requirements for naturalization, which were established by Congress in the Immigration and Naturalization Act (INA), may change at any time. For instance, the Application for Naturalization, Form N-400, has recently changed from 9 to 21 pages of questions about the applicant, requesting now more and more detailed information than it did before.
Thus, you may wonder why someone who lives in the U.S. as a legal permanent resident for 5 years or more, and intends to continue residing in this country, would not apply for U.S. citizenship.
One of the concerns raised by our clients is that U.S. tax treatment is harsher to a U.S. citizen than to a U.S. permanent resident. Nonetheless, tax specialist Gil Allouche, confirmed to me that there are no income tax treatment difference between a green card holder and a U.S. citizen who lives in the U.S. For instance, both need to pay taxes on their U.S. income; both need to declare and sometimes pay taxes over their worldwide income; both need to file foreign bank account reports when required; and both are subject to the same deductions and benefits. In fact, any person living in the U.S. over 183 days of the year is considered a resident for tax purposes and is subject to the same income tax laws regardless of their status, with a few exceptions provided by tax regulations.
One disadvantage Mr. Allouche pointed out is for a U.S. citizen who does not intend to live in the U.S. In such case, he/she will be imposed an exit tax when giving up his/her citizenship. In the case of a green card holder, he/she just needs to return his/her green card and has no exit tax to pay when moving abroad.
In the case of U.S. citizens or U.S. residents living abroad, both must declare and sometimes pay worldwide income.
In terms of estate planning, being a U.S. citizen is beneficial, as unlimited marital deduction is only allowed between U.S. citizen couples.
Thus,if taxation treatment is the reason why you are delaying your naturalization application, please know that if you intent to stay in the U.S., your income tax responsibilities will be the same whether you are a U.S. citizen or a U.S. resident.
For more information on Naturalization Application click.
About the Authors
Laura Schonberg and Andrea Timerman developed their passion for immigration law through their own experience immigrating to the United States. Laura received a Bachelor of Arts in Political Science and Juris Doctor Degree from Florida International University. Andrea received a Bachelors in Business Administration from Pace University, NY, and her Juris Doctor Degree from Florida International University. Both attorneys obtained ample experience in the immigration field before partnering to work as immigration attorneys at Schonberg & Timerman, P.L.