US: Immigration Order Not Enough?

Dec 4, 2014

(Decanter) - The Nov. 20 announcement of U.S. president Barack Obama’s executive order for immigration reform was welcomed but deemed insufficient by many wine/vineyard organizations—and the attorneys who serve them. Republicans in the U.S. House of Representatives, meanwhile, voted today to roll back the executive order.

Melissa Harms, whose law firm in Larkspur, Calif., specializes in immigration law strategy, explained the provisions of Obama's order in a blog post for Dickenson Peatman & Fogerty. They include:

• Deferred action for childhood arrivals (DACA): Those who came to the United States before age 16 and meet certain qualifications can remain without fear of deportation and receive work authorization. The expanded program removes the upper age limit for qualified applicants and extends the work authorization to three years.

• Deferred action for parents (DAP): Allows parents of U.S. citizens or lawful permanent resident children to remain united with their families. Parents must have been in the United States since Jan. 1, 2010, and pass a criminal background check.

• Provisional waivers: Expanded program allows spouses of lawful permanent residents and children of both U.S. citizens and lawful permanent residents to apply for waivers. Waivers are required when foreign nationals are eligible for green cards but have been in the United States unlawfully.

Forthcoming changes would include advantages for employees who have approved immigrant visas and are awaiting a priority date. Revamped immigration regulations also will permit promotion or transfer of workers who are awaiting visa approval.  


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