In 2014, President Obama announced the creation of the Deferred Action for Parental Accountability (DAPA) program to take effect on or before May 20, 2015. Several states filed a lawsuit against the President in stop his executive order from taking effect. Currently, the case is before the US Supreme Court and a decision should be released this summer.
It is estimated that between 3.7-5 million unauthorized immigrants in the United States may qualify for the program. Qualified applicants will receive relief from deportation as well as work authorization for an initial three year period.
Those eligible to apply for the program, include the following:
• Have a U.S. citizen or LPR son or daughter as of November 20, 2014;
• Have continuously resided in the United States since before January 1, 2010;
• Are physically present in the United States on November 20, 2014, and at the time of applying;
• Have no lawful immigration status on November 20, 2014;
• Are not an enforcement priority, which is defined to include individuals with a wide range of criminal convictions (including certain misdemeanors), those suspected of gang involvement and terrorism, recent unlawful entrants, and certain other immigration law violators;
• Present no other factors that would render a grant of deferred action inappropriate; and
• Pass a background check.
Anyone who believes they qualify, should be gathering evidence of their continued presence in the United States since January 1, 2010 as well as the birth certificate of your US or LPR child. Those with prior removal orders and minor criminal convictions may still qualify if they meet the above requirements. You should obtain copies of your record as soon as possible.
It is always best to have your case evaluated by an experienced immigration attorney before filing an application with the Department of Homeland Security. The Attorneys at Charlotte Viener & Associates are available to review and evaluate your case. Call (504) 581-5051 or email firstname.lastname@example.org to set up an in-person or telephonic appointment.