Asian Journal- The Filipino-American Community Newspaper

There is a leaked draft memo addressed to the Director of USCIS from its senior officers that plan on changing its policies and procedures to allow non citizens to get green cards without waiting for Congress to change the law on immigration.

Answer: Yes. The immigration law will not change but the President has certain powers in implementing the law that can allow non citizens to obtain green cards. This is accomplished through rule making and changing its policies and procedures in implementing the law.

Answer: The memo will use the USCIS administrative power to make changes like:

Grant of Deferred Action. This is the power of the USCIS allow a person who has no immediate relief from removal to stay in the country and work while waiting for visa availability. Those who are removed or in removal and no immediate relief can benefit under this plan.

Extend the date of those qualified to adjust status under the Registry Act from 1972 to 1996.

Grant of Parole-in-Place. This is applicable to aliens inside the US who are inadmissible due to immigration violation. A person granted Parole-in-Place can adjust status despite inadmissibility and unlawful presence. There are many qualified aliens who are married to US citizens or have approved I-140 who can adjust status if this Parole-in-Place becomes available.

Lessen standard for "extreme hardship." Currently, the standard for extreme hardship is so narrow that very few aliens qualify. If the standard is lessened, many aliens who are inadmissible due to immigration violations but have US citizens or permanent resident relatives can apply for green cards.

Other plans include allowing Temporary Protected Status beneficiaries to adjust status, strategically use Notice to Appear and other immigration plans.

Answer: We do not know if President Obama will approve the plan. You should seek the advice of an experienced immigration attorney.