6 Things to Know about Immigration Executive Action
1.In November 2014, President Obama announced an expansion of immigration deferred action. This includes an expansion of Deferred Action for Childhood Arrivals (DACA) and a new program called Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA).
2.The new program, DAPA, allows for certain parents, who meet the below criteria, to apply for and be granted Deferred Action. A grant of deferred action under DAPA means that, for a period of three years, you are no longer a priority for deportation. With a grant of DAPA you are also eligible to apply for work authorization in the U.S.
3.The initial, most basic criteria for DAPA is as follows:
- Are the parent of a U.S. citizen or lawful permanent resident child on November 20, 2014;
- Child can be a minor or adult and single or married;
- Have continuously resided in the United States since January 1, 2010, to the present;
- Physically present in the U.S. on November 20, 2014, and at the time of filing the application;
- Did not have lawful status on November 20, 2014; and
- Have not been convicted of a felony, significant misdemeanor, or multiple misdemeanor offenses.
4.On November 9, 2015, the Fifth Circuit Court of Appeals upheld a Texas judge’s ruling to delay President Obama’s expansion of immigration deferred action. The case is currently pending before the U.S. Supreme Court and we expect a decision at the end of June 2016.
5.The expansion of DACA and the Deferred Action for Parental Accountability (DAPA) programs the Obama administration announced in 2014 remain on hold, but American Gateways encourages individuals to continue to gather documents, save money, and schedule a legal consultation to determine whether they may be eligible for other more permanent forms of relief.
6.Deferred Action for Childhood Arrivals (DACA) is still available for those who are eligible under the original requirements announced in 2012. American
Gateways encourages you to visit our office for a consultation regarding your eligibility.
Please check back to our website for updates regarding DAPA and Executive Action!