Deferred Action for Parents and Children

On November 20, 2014, President Obama and the U.S. Department of Homeland Security (DHS) issued guidance that authorizes the grant of deferred action and employment authorization to certain Parents of U.S. citizens and Lawful Permanent Residents (subject to the establishment of procedures for applications within 180 days).

Deferred Action for Parental Accountability (DAPA)

Who Qualifies for DAPA?

In order to qualify under the program called Deferred Action for Parental Accountability (DAPA), an individual must:

Be the parent of a U.S. citizen or Lawful Permanent Resident born on or before November 20, 2014;
Be undocumented or overstayed a visa on or before November 20, 2014;
Have continuously resided in the United States since January 1, 2010;
Not be an enforcement priority, including (but not limited to) a national security or public safety threat as described in the November 20, 2014, memorandum, Policies for Apprehension, Detention and Removal of Undocumented Immigrants.

NOTE: The Department of Homeland Security is expected to issue further guidance for DAPA applicants in the coming months.

Deferred Action for Childhood Arrivals (DACA)

On June 15th, the Obama Administration announced that the Department of Homeland Security should defer legal action against individuals who meet specific requirements. The Deferred Action for Childhood Arrivals (DACA) program covers certain elements of the more commonly known DREAM Act. On August 15, 2012, U.S. Citizenship and Immigration Services (USCIS) began accepting applications for DACA benefits. USCIS has indicated that the processing time for DACA applications could be at least several months.

Who Qualifies for DACA?

The requirements include that applicants:

Were under the age of 31 as of June 15, 2012;
Came to the United States before reaching your 16th birthday;
Have continuously resided in the United States since June 15, 2007, up to the present time;
Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
Entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012;
Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
Have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

What Else Should I Know About Deferred Action?

Deferred Action is not permanent residence or U.S. citizenship, but rather a means by which eligible individuals may apply for employment authorization. Since U.S. Citizenship and Immigration Services (USCIS) is now accepting applications. Foster attorneys are filing applications for eligible individuals.

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