San Diego Deferred Action for Parents Lawyer
On November 20, 2014, President Obama created under executive action a new Deferred Action for Parents of Americans and Lawful Permanent Residents program, also known as Deferred Action for Parental Accountability or DAPA. Under the proposed program, parents of U.S. citizens and lawful permanent residents would be allowed to request deferred action and employment authorization for three years provided they have lived in the United States continuously since January 1, 2010, and pass required background checks.
Administrative Relief From Deportation
Deferred action is a type of administrative relief from deportation that has been previously utilized in the U.S. Through deferred action, the Department of Homeland Security (DHS) authorizes a non–U.S. citizen to remain in the U.S. temporarily. The person may also apply for an employment authorization document (a “work permit”) for the period during which he or she has deferred action. A grant of deferred action is temporary and does not provide a path to lawful permanent resident status or U.S. citizenship. However, a person granted deferred action is considered by the federal government to be lawfully present in the U.S. for as long as the grant of deferred action is in effect.
In general, DAPA will benefit an undocumented individual living in the United States who is the parent of a U.S. citizen or lawful permanent resident. If they meet the following criteria, qualified parents will be allowed to request deferred action and employment authorization provided they:
- Have lived in the United States continuously since January 1, 2010;
- Had, on November 20, 2014, a son or daughter who is a U.S. citizen or lawful permanent resident; and
- Are not an enforcement priority for removal from the United States, under the November 20, 2014 Policies for the Apprehension, Detention and Removal of Undocumented Immigrants Memorandum.
Though USCIS and other agencies and offices are responsible for implementing Deferred Action for Parental Accountability as soon as possible, these initiatives have not yet been implemented, and USCIS is not accepting any requests or applications as of early February 2015. In the near future, USCIS will produce detailed explanations, instructions, regulations and forms necessary for implementation of the program. USCIS currently expects implementation in mid-to-late May 2015.
How to Prepare for Deferred Action for Parental Accountability
While USCIS is not accepting requests or applications at this time, if you believe you may be eligible for Deferred Action for Parental Accountability, you can prepare by gathering documents that establish factors such as your:
- Relationship to a U.S. citizen or lawful permanent resident, if necessary; and
- Continuous residence in the United States over the last five years or more.
Because USCIS will consider each request for Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) on a case-by-case basis, implementation of the program will not automatically grant deferred action even though an individual may otherwise meet all requirements for the program. If you feel you will be eligible for deferred action under DAPA or have questions concerning specific requirements and the current status of DAPA, please contact Sevens Legal Immigration Law for assistance.
Hiring the best attorney for your immigration case can prove pivotal in your life, much like a marriage. A licensed lawyer is authorized and qualified to assist you with your immigration case or green card application. Unlike consultants, attorneys have completed extensive education and training before being licensed to represent clients. Just like a life partner, you want an attorney you can trust, communicate with, and relate to. Most importantly, you want an attorney who knows how to successfully proceed with your case so that you achieve the desired outcome. While many legitimate community and religious organizations provide immigration-related services, there are those who advertise as legal “consultants” or “notarios publicos” but are not authorized or qualified to help with immigration law-related matters. You face a big challenge, the power of the United States government. Don’t face it alone. Contact a San Diego Deferred Action for Parents Lawyer at Superior Immigration Lawyers.