[jtridexter]

Hi,
I'm a bit confused about the new NOV 2014 Obama immigration executive law.


I have a friend who at the time of 2012 came to the USA pregnant, gave birth to twins making them American citizens. 6 months later she left the country because her visa was about to expire. Since then, she has returned several times on visa and one of those times she gave birth to a 3rd child, who also became US citizen. She has been going back and fourth on visa due to the babies doctors being here in the U.S.


My question is, does the new Obama immigration law apply to her since she is a parent of 3 kids who are all american citizen? Thank you in advance!

[ebaines]

First, there is no new law - just an administrative decree by the president with respect to how the administration enforces current law. The details will take a time to work out, but my understanding is that parents whose minors are US citizens and who have been here illegally for at least five years to be with those children would be covered. Since your friend first came in 2012 it doesn't appear that she would be covered.

[jtridexter]

That's what I thought. Thank you ebaines for your quick reply.

[newacct]

She doesn't have to be illegal for 5 years. She had to be physically present in the U.S. with no status on November 20, 2014. And she needs to have continuously resided in the U.S. for 5 years. She doesn't meet either of these.

[smoothy]

And also any executive order can be effectively nullified by congress defunding the agencies handling it (the Congress controls the purse strings not the President), legislative action, a court nullifying it, or a New president passing a single executive order reversing any one or all executive actions of the previous president (s).