Deferred Action for Parent Accountability (DAPA)
Deferred action is a temporary protection from deportation. If granted such application, a person is permitted to remain in the United States temporarily and to receive employment authorization. A grant of deferred action does not provide a path to lawful permanent resident status or U.S. citizenship; however, through creative lawyering (and thorough analysis of immigration history) a person may become eligible for lawful permanent resident status. For more information on adjustment of status for recipients of Deferred Action, please read here and consult with an experienced immigration attorney.
The Deferred Action Memorandum (see here) issued on November 20, 2014 calls on U.S. Citizenship and Immigration Services to establish a process, similar to the Deferred Action for Childhood Arrivals (DACA) program, for granting deferred action to individuals who:
· Have, as of November 20, 2014, a son or daughter of any age, who is a U.S. citizen or lawful permanent resident;
· 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 making a DAPA request;
· Have no lawful status on November 20, 2014;
· Are not an enforcement priority, defined as: people suspected of terrorism, gang associations, or visa abusers, unlawful border crossers, and people convicted of felonies, aggravated felonies, significant misdemeanors, or three or more misdemeanors. (Read memo here regarding enforcement priorities) ; and
· Present no other factors that would cause USCIS to deny the request in its exercise of discretion.
The DAPA process shall be available to people with final orders of removal who meet the above criteria. We recommend that all potential applicants consult with an experienced immigration attorney, and even more so for those with an immigration or criminal history. Applicants must pay a $465 filing fee and submit biometrics fingerprints. As with DACA, there will be a very limited fee exemption and no fee waivers. Those who receive deferred action under the DAPA program will receive employment authorization for a three-year period. It is projected that USCIS will begin accepting applications for DAPA by May 19, 2015.
The Deferred Action Memo applies to Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP). Those agencies are instructed to exercise discretion for individuals who meet the DAPA criteria, including individuals in immigration custody, in removal proceedings, or whom ICE or CBP encounters. Again, consult with an immigration attorney to handle these matters.
The Deferred Action Memorandum (see here) issued on November 20, 2014 calls on U.S. Citizenship and Immigration Services to establish a process, similar to the Deferred Action for Childhood Arrivals (DACA) program, for granting deferred action to individuals who:
· Have, as of November 20, 2014, a son or daughter of any age, who is a U.S. citizen or lawful permanent resident;
· 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 making a DAPA request;
· Have no lawful status on November 20, 2014;
· Are not an enforcement priority, defined as: people suspected of terrorism, gang associations, or visa abusers, unlawful border crossers, and people convicted of felonies, aggravated felonies, significant misdemeanors, or three or more misdemeanors. (Read memo here regarding enforcement priorities) ; and
· Present no other factors that would cause USCIS to deny the request in its exercise of discretion.
The DAPA process shall be available to people with final orders of removal who meet the above criteria. We recommend that all potential applicants consult with an experienced immigration attorney, and even more so for those with an immigration or criminal history. Applicants must pay a $465 filing fee and submit biometrics fingerprints. As with DACA, there will be a very limited fee exemption and no fee waivers. Those who receive deferred action under the DAPA program will receive employment authorization for a three-year period. It is projected that USCIS will begin accepting applications for DAPA by May 19, 2015.
The Deferred Action Memo applies to Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP). Those agencies are instructed to exercise discretion for individuals who meet the DAPA criteria, including individuals in immigration custody, in removal proceedings, or whom ICE or CBP encounters. Again, consult with an immigration attorney to handle these matters.