Hundreds of thousands of people are still waiting for President Obama’s DAPA and new DACA executive order to go into effect. However, many of those waiting for these programs may already qualify for different types of immigration relief. This article will cover different forms of immigration relief that individuals and families should be considering as they wait for the President’s new programs to go into effect.
DACA of June 2012
Many have mistakenly understood that the already-existing DACA program was affected in the same way that the DAPA and new DACA programs were affected. The June 2012 DACA program continues, and many young people who entered the U.S. before they turned sixteen currently qualify for DACA. If there is any doubt as to whether or not you or someone you know qualifies under the existing DACA program, advice from an attorney should be sought as many individuals still qualify for the benefits of the DACA program under the existing executive order.
In addition to the work permit and ability to hold a valid driver’s license, the existing DACA also allows in some cases for the DACA holder to apply for a travel permit. A benefit that is often overlooked of the travel permit available through existing DACA is that when DACA holders return to the United States from their travel, they now have a legal entry, and can adjust their immigration status without a waiver, and in a much faster and less expensive way. To see whether or not you qualify for a travel permit through the existing DACA program, and whether that would help you with your immigration status, speak with an attorney to explore your options.
245(i)
Many individuals who have U.S. citizen children over 21 years old have the understanding that because they entered the U.S. without a visa, there is no waiver available for them through their children. Normally, an individual with an illegal entry into the U.S. can only qualify for a waiver if they have a spouse or parent that is a U.S. citizen or legal permanent resident.
However, under a law often referred to as 245i, if there was a petition made for an applicant, or even if there was a petition made for their parent before April of 2001, the applicant may not need to apply for a waiver in order to fix their immigration situation. If there are any doubts about a petition that was made before April of 2001, counsel from an attorney should be sought to resolve any doubts.
U Visa
One of the most overlooked, yet most useful visas available is the U Visa. The U Visa was designed to encourage undocumented immigrants to report crimes and work with law enforcement and prosecutors in the investigation and prosecution of crimes. If you have been a victim of a crime, and if you have been helpful in the investigation or prosecution of a crime, speak with an attorney to see if you qualify for a U Visa.
All of the visas listed above, and any other immigration issues can be advised on and handled in the highest quality manner with the help of the team of attorneys at Wilner and O’Reilly. At Wilner and O’Reilly, we specialize in immigration matters. Our attorneys can help you determine what immigration options are available for you and your family. It is our job to inform our clients of all the possible immigration options that may be available for them. Call our office to schedule your free consultation today. We have offices in Orange, Riverside, Sacramento, San Francisco, Salt Lake City, and a new office in San Diego.
Kelly S. O’Reilly is a nationally known immigration expert and former immigration officer. He is a highly sought after speaker on immigration and employment compliance issues. Mr. O’Reilly serves as the current chair of the Riverside County Bar Association Immigration section and is a partner in the full-service immigration firm of the Wilner & O’Reilly where he provides free consultations. Mr. O’Reilly can be contacted at (800) 352-7034.