On November 20, 2014, President Obama announced that he will take certain executive actions on immigration in the absence of a Congressional fix to our immigration system. See our blog post summarizing his entire announcement here. One of the programs President Obama announced is Deferred Action for Parental Accountability, or “DAPA.” Though offering similar benefits, DAPA is different than Deferred Action for Childhood Arrivals (DACA), which the Obama Administration announced in 2012 and is still operational.
If you meet the following requirements, you may be eligible to apply.
- You have a U.S. citizen or lawful permanent resident son or daughter (who was born on or before 11/20/2014);
- You have lived in the U.S. since January 1, 2010;
- You had no lawful status on November 20, 2014;
- You are not an “enforcement priority.”
You may be a priority for enforcement if you have any of the following on your record:
Even if you are described by one of the above enforcement categories, there may be an opportunity to try to convince USCIS that you are not actually an enforcement priority, and should be granted DAPA. This is something you should discuss with an immigration attorney before applying in order not to t expose yourself to unnecessary risk.
If you have ever been arrested, stopped by police, seen a judge, or been fingerprinted, you should talk with an immigration lawyer before applying for DAPA to determine if you are eligible.
Applicants who receive DAPA approvals will:
Deferred action and the corresponding work authorization will last for three years as long as an individual remains eligible. If after an individual’s DAPA is approved, he or she is convicted of a crime that disqualifies him or her from DAPA, the government could revoke the deferred action and put that person in deportation proceedings.
While we are still waiting to receive official guidance from USCIS, we have a few predictions.
See our prior blog posting on preparing for Executive Action here. While we are not sure exactly what will be required, you can start to gather certain documents that will likely be required:
Don’t forget, it is not yet possible to file an application under President Obama’s plan. Seek advice from a qualified attorney or organization accredited by the Board of Immigration Appeals. Notaries or “notarios” are NOT attorneys and are NOT qualified or authorized to give immigration advice. Learn more here.
If you or a loved one may qualify for DAPA, you can contact one of the attorneys at Minsky, McCormick and Hallagan, P.C. here.
The material contained in this alert does not constitute direct legal advice and is for informational purposes only. An attorney-client relationship is not presumed or intended by receipt or review of this presentation. The information provided should never replace informed counsel when specific immigration-related guidance is needed.
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