Hello. I am 24 years old and became a temporary legal permanent resident this March (2014) through marriage of a US citizen. I will have my conditions removed next December.
Anyways.. I know that under the new immigration reform that Obama announced yesterday, anyone who is a parent of a legal resident (me) or a citizen and have been here 5 years or more (which they have) can apply for a temporary work permit and such. Will my parents still qualify even tho I am a new legal resident and over 18 years old?
The new rules will allow parents of U.S. citizens and lawful permanent residents who have been in the country since January 1, 2010, to request deferred action and employment authorization for three years, in a new Deferred Action for Parental Accountability program, provided they pass required background checks. However, it appears most likely that the U.S. citizen or resident children must be under 18 in order for the parents to qualify -- although the exact guidance is still forthcoming.
Attorney Khurgel's comments on Avvo are general information, and do not constitute an attorney-client relationship.
We will need to wait to receive the specific details in the coming months. But for now, it appears that a person who can show that he/she has been in the United States before January 1, 2010, and who, as of November 20, 2014, has a son or daughter who is a U.S. Citizen or Permanent Resident, has no lawful status as of November 20, 2014, may be eligible to apply. I am sure that there will be language in the regulations regarding criminal history as well. Note that the information thus far does not indicate any specific requirement regarding the age of the son or daughter who is a U.S. Citizen or Permanent Resident. So, if your parents meet these requirements, they might be eligible.
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The language in the memorandum is that deferred action should be granted for individuals who have "a son or daughter who is a U.S. citizen or lawful permanent resident." In the INA, the word "child" is generally used for those who are under 18. Since the memo doesn't indicate "child" it appears to include all children (regardless of age).
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