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You Can Still File for DACA — Despite Government Hold-up

The expansion of the Deferred Action for Parental Accountability (DAPA) measure to provide parents of children with temporary relief from deportation is on hold, pending a court decision. Similarly, expansion to the country’s Deferred Action for Childhood Arrivals (DACA) is up in the air. However, the current DACA program is still accepting applications.

DACA is for people who came to this country as children and meet certain guidelines. If accepted, a person in the DACA program “may request consideration of deferred action for a period of two years, subject to renewal.” Through this program, they can apply for authorization to work, as well.  Contact an experienced immigration lawyer for assistance with your DACA application.

Last fall, President Obama issued an executive order to implement DAPA and increase the amount of time a person would have deferred status if approved for the DACA program. Regardless of the fact that DAPA and the DACA expansion are on hold, Obama is still encouraging immigrants to ready their applications.

If the president wins the day and the DAPA measures do get expanded, applicants who are approved will be granted two benefits:  (1) a work permit which will be valid for a three-year period, allowing the parent to apply for a social security card and possibly a driver’s license in some states, and (2) protection from deportation during the three three-year period.

Although not a path to official citizenship or a Green Card, DAPA would offers families significant time to remain in the U.S. and work here legally.

To qualify, you must meet and provide documentation of the following criteria:

  • You have a child who is a U.S. citizen or lawful permanent resident who was born on or before Nov. 20, 2014;
  • You have lived continuously in the United States since or before Jan. 1, 2010;
  • You were physically present in the United States on Nov. 20, 2014, AND on the date that you apply for DAPA;
  • You have no legal immigration status in the United States as of Nov. 20, 2014;

and on the date that you apply for DAPA, you have not been convicted of certain crimes or been the subject of recent deportation enforcement.

Even though the program is on hold at present, eligibility for DAPA will be  discretionary and will be determined by U.S. Citizenship & Immigration Services on a case-by-case basis – if it does get enacted.

Immigration programs regulations and forms to follow during the application process can be complex and time-consuming.

We can help. By consulting with an experienced immigration attorney at Bramnick, Rodriguez, Grabas, Arnold & Mangan, LLC, you can be sure all requirements have been met and documents provided will enhance your chances of getting your DAPA application approved. It’s not too soon to get started. Call us for more information.


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