USA Immigration News

President Obama to Allow Young Illegal Immigrants to Remain in the U.S.

Hundreds of thousands of young people brought to the United States as undocumented immigrants will be allowed to remain in the country and obtain work permits without fear of deportation, under a new policy of June 16, 2012 by the Obama administration.

The new policy was announced by Secretary of Homeland Security Janet Napolitano and brought into effect immediately.

Undocumented immigrants up to 30 years old who came to the United States as children and do not pose a risk to national security would be eligible to stay in the country and allowed to apply for U.S. work permits under a two-year deferral from deportation.

"Our nation's immigration laws must be enforced in a firm and sensible manner," said Secretary Napolitano. "But they are not designed to be blindly enforced without consideration given to the individual circumstances of each case. Nor are they designed to remove productive young people to countries where they may not have lived or even speak the language. Discretion, which is used in so many other areas, is especially justified here."

This action is not considered immunity or an amnesty but an exercise of discretion, according to Secretary Napolitano. Young people who demonstrate that they meet the following criteria will be eligible for an exercise of discretion, specifically deferred action, on a case by case basis:

• Came to the United States under the age of sixteen;
• Have continuously resided in the United States for a least five years preceding June 16, 2012 and are present in the United States on that date;
• Are currently in school, have graduated in the U.S. from high school, have obtained a general education development certificate, or are honorably discharged veterans of the Coast Guard or Armed Forces of the United States;
• Have not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise pose a threat to national security or public safety;
• Are not above the age of thirty.

The application for an exercise of discretion, which grants no substantive right, U.S. immigration status, or pathway to U.S. citizenship, would be processed within sixty days by USCIS and ICE.

If you are interested in Visas to the USA, contact Migration Expert for information and advice on which visa is best suited to you. You can also try our visa eligibility assessment to see if you are eligible to apply for a visa to the United States of America.