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  • Law Office of Kelli Y. Allen, PLLC

New Napolitano Memo

Kelli Allen

Our office has already begun receiving calls about the new immigration directive. Here's what we know so far:

  1. This is not a new law. Rather, it is a directive to USCIS, ICE, and DHS officials regarding enforcement priorities and the use of discretion.
  2. The directive applies to people no older than 30 who were brought into the U.S. before the age of 16. The individual must have lived in the U.S. for at least 5 years and have no felony or serious misdemeanor convictions. You must currently be enrolled in school, have recently graduated, or have been honorably discharged from the military.
  3. This directive does not grant permanent residence or citizenship.
  4. USCIS and ICE will not refer qualifying individuals to immigration court.
  5. Qualifying individuals who are in removal proceedings or have a final order of removal will be allowed to remain in the U.S. and apply for work authorization.
  6. Currently, there is no direct USCIS application process for individuals who do not fall into the above-mentioned categories. Therefore, unless you are in removal proceedings or are potentially being placed in proceedings, there is no action for you to take at this time.
  7. Individuals who are not in removal proceedings will benefit from this new policy and will be able to apply to USCIS for employment authorization once the process is implemented
  8. This directive is to be implemented within 60 days, so more detailed information should be released soon.

This new policy has the potential for many people who would have benefitted from the DREAM ACT, but few details have been released at this point. We will keep you informed of all updates. If you would like for Kelli Y. Allen Immigration Law to contact you once the application process is available, please send an email, in English or Spanish, to stating that you are interested in the new directive. For more immigration information, please visit our website.