President's Announcement on Deferred Action for Parent Accountability (DAPA)

On November 20, 2014, President Barack Obama announced his plans for a series of executive actions on immigration policy. An important centerpiece to the plans include the Deferred Action for Parental Accountability (DAPA) program, which will provide temporary immigration relief to qualifying undocumented foreign nationals.

Presidential Executive Action

The President is addressing deficiencies in the current immigration system through this plan of implementing several executive actions. Moreover, the President indicated his desire and intentions to focus enforcement on criminals.  Lastly, the President recognized he lacks the authority to provide undocumented individuals a pathway to citizenship, and hopes Congress will become motivated to address the immigration problem through a comprehensive bill.

Overview on DAPA

Those who are approved for the DAPA program will be protected from being deported for a period of three years, and will also be issued temporary work authorization. NOTE:  A DAPA recipient will not have legal status, nor will they have access to becoming a lawful permanent resident. 

Eligibility Requirements for DAPA

The requirements for individuals to qualify for DAPA are that they:

1. Must have continuously resided in the United States since January 1, 2010;
2. Must be the parent of a U.S. citizen or lawful permanent resident son or daughter (no age restriction), as of November 20, 2014;
3. Must be physically present in the U.S. without lawful immigration status on November 20, 2014;
4. Must not fall within the classes of individuals designated as immigration enforcement priorities (e.g., felons) in the memorandum issued by the Department of Homeland Security (DHS) on November 20, 2014 (see here).

Application Process for DAPA

It is not yet possible to apply for DAPA. The U.S. Citizenship and Immigration Services (USCIS) is expected to initiate the program by May 19, 2015. In the meantime, those individuals who plan to apply for DAPA may wish to begin collecting documentation to establish eligibility. Such documents may include: proof of identity (ie. birth certificate and valid passport); proof of parentage of a U.S. citizen or permanent resident son or daughter (ie. birth certificate of child); and proof of continuous residence for the required time period (ie. bills, tax returns, contracts, paystubs, etc).

Avoid Scams!

The series of executive action plans announced will prompt prompt unscrupulous individuals to try to take advantage of vulnerable foreign nationals. Until there is an official announcement, no applications can be filed. It is important to utilize reliable sources for information and assistance in immigration matters. Read more about how to identify and avoid immigration scams on the USCIS WebSite here.


Remain Upated

You can remain updated on the progress of the DAPA progam by checking our website, liking us on Facebook here, or requesting to be placed on our CONTACT LIST by emailing the attorney at [email protected]. 


NOTE:  There is a strong likelihood that several (not all) DAPA recipients will be eligible to seek Adjustment of Status (green card) after acquiring and utilizing Advance Parole travel benefits. Attorney Mario Zapata has succeeded in obtaining green cards for various clients who previously were issued Deferred Action for Childhood Arrivals (DACA).  For more information on Adjustment of Status for DACA recipients under Matter of Yarabally, please go here.  This type of case must be carefully evaluated by an experienced immigration attorney, as past immigration violations (ie. multiple entries, detentions, removals, crimes) could pose problems.

Conclusion

The Law Office of Mario Zapata will continue to closely monitor and track progress made the executive action programs, and provide readers with such updates analysis as soon as new information is released.  We do not suspect that any further significant plans will be released in the near future absent an agreement on a comprehensive immigration reform bill.