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Some suburban immigrants see hope, some don't in Obama plan

Maria, a 25-year-old single mother and undocumented immigrant from Crystal Lake, says President Barack Obama's sweeping and controversial changes to immigration policy ease her fears of being separated by deportation from her children, ages 3 and 5 and both American citizens.

But others like Jorge, 39, who is undocumented and lives in Elgin, had their hopes dashed by the president's announcement last week. A landscaper and the father of a 17-year-old who temporarily is protected from deportation under the DREAM Act, he had hoped to attain the legal right to stay in the U.S.

Obama visited Chicago area Tuesday to try to rally support for his plan to shield as many as 5 million immigrants from deportation, which has drawn sharp Republican criticism that he exceeded his authority and pre-empted any chance of a bipartisan immigration overhaul in Congress.

Views among some suburban immigrants also were divided, but for different reasons.

“President Obama has forgotten about our situation,” said Jorge, who, like Maria, asked that his last name not be used because of his lack of legal status. “I waited for this message with much hope,” he said, saying he cannot travel with his son for fear of being found out and deported,

Those who could benefit the most under Obama's order are immigrants like Maria, who cleans houses and works in a restaurant. After background checks and fees, individuals who've been living in the United States illegally for more than five years but whose children are citizens or permanent residents could obtain work permits. Obama also plans to expand the 2012 directive that deferred deportation for some DREAMers.

The move could affect nearly half of the estimated 11.2 million immigrants living in the United States illegally. Six states, including Illinois, are home to more than half of those, according to a November study by the nonpartisan Pew Research Center.

While many Hispanic families would be affected by Obama's plan, immigrants from Europe, Africa and elsewhere are equally affected.

No applications for relief under Obama's order are being accepted yet. The Illinois Coalition for Immigrant and Refugee Rights launched a website for updates at www.ILisReady.org.

Meanwhile, Illinois Attorney General Lisa Madigan warned of potential scams by people demanding fees for fraudulent immigration services.

Ana M. Mencini, an Itasca-based attorney who specializes in immigration law, called Obama's executive order a good start but said it leaves questions for the long term.

“We don't know who the next president will be and what will happen at that time,” Mencini said.

Luis Toledo, president and CEO of Elk Grove Village-based Midwest Moving & Storage Inc., said Obama's executive order will help businesses like his hire the workers they need.

“This plan certainly opens the labor pool for us,” Toledo said.

Midwest Moving, which has several federal and state government agencies as clients, has about 150 employees and could potentially hire 50 additional workers, he said.

• Daily Herald news services contributed to this report.

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Luis Toledo

Ana M. Mencini, an Itasca-based attorney who specializes in immigration law, said immigrants should protect their rights by contacting a licensed and experienced attorney for help.

Here is some information in the wake of President Obama's plan:

Deferred Action for Parents of U.S. citizens and legal permanent residents, or DAP: This program will allow individuals who meet the following criteria to obtain deferred action and work authorization for three years. To qualify you must:

• Be the parent of a U.S. citizen or legal permanent resident;

• Have continuously resided in the U.S. since Jan. 1, 2010;

• Be physically present in the U.S. on Nov. 20, 2014;

• Have no lawful status on Nov. 20, 2014;

• Not be an enforcement priority (convicted of three or more misdemeanor offenses, other than minor traffic offenses, convicted of a significant misdemeanor, convicted of a felony or aggravated felony, a gang member, or other threat to the U.S.); and

• Not present any other negative factors that would make the grant of deferred action inappropriate.

The proposed filing fee for this program is $465 and applications can be submitted in Spring 2015.

Deferred Action for Childhood Arrivals, or DACA:

This very successful program has been expanded to include:

• Those who are of any age who entered the U.S. prior to their 16th birthday and prior to Jan. 1, 2010.

• The validity of the work authorization and deferred action has been extended from the current two-year period to a three-year period. Those renewing, who have filed to renew, and who have recently renewed will be eligible for the three-year period.

• The filing fee to the government remains at $465 and applications for the expanded program can be filed in early 2015.

Provisional Waiver Program:

• The Provisional Waiver Program initially applied only to spouses and children of U.S. citizens. However, it has now been expanded to include all immigrants who have a visa number immediately available. For example, spouses and children of legal permanent residents and adult children of U.S. citizens and legal permanent residents will now be eligible to file under the Provisional Waiver Program as long as a visa number is available.

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