As many are aware, on November 20, 2014, President Obama announced a series of actions his administration will take regarding immigration enforcement and prosecutorial discretion.
While the President outlined multiple procedural changes his Administration will take, the focus of this post will be on DAPA. In short, the President detailed that his Administration would not deport certain undocumented persons who are the parents of U.S. citizens or lawful permanent residents: an estimated 3.7 million people.
While DAPA does not provide a person with a pathway to legal permanent resident status or citizenship, the program will allow applicants to remain in the U.S. and obtain employment authorization, which will entitle them to work here legally.
The general requirements for DAPA are as follows:
- Be without lawful immigration status and be a parent of a U.S. citizen or permanent resident (any age, married or unmarried) on November 20, 2014;
- Have continuously resided in the U.S. since January 1, 2010;
- Be physically present in the U.S. on November 20, 2014 and at the time the DAPA application is made;
- Not be an enforcement priority (more on this below); and
- Present no other factors that would make approval of a DAPA application inappropriate.
It is important to note that certain applicants may be ineligible for DAPA based on criminal conduct or convictions. DHS issued a policy memorandum, which detailed individuals with criminal backgrounds who may be excluded. It is reported that May 2015 could be the start for USCIS to accept applications, although this is subject to change. Also reported is that the filing fee will be $465, also subject to change.
If you believe you may qualify for DAPA, it is important to contact an immigration attorney to ensure a successful application.