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Deferred Action for Parents of U.S. Citizen Children or Lawful Permanent Residents
On November 20, 2014, President Obama announced a series of executive actions intended to decrease illegal immigration at the U.S. border, and to prioritize the deportation of felons rather than families. One initiative announced was deferred action for parents of United States citizen children or of children who are lawful permanent residents of the United States, referred to as Deferred Action for Parental Accountability (DAPA).
Deferred action means that government authorities are exercising their discretion in choosing not to remove a person from the United States for a specific period of time. While deferred action means that an individual is lawfully present in the country for that period of time, it does not grant immigration status or confer any other type of benefit. Deferred action may be terminated for cause, and it is granted on a case-by-case basis.
Who Qualifies for Deferred Action for Parental Accountability
Parents of U.S. citizens and lawful permanent residents (LPR) who have been in the United States since January 1, 2010 may request deferred action and employment authorization for three years. In addition, the citizen or LPR child must have been born on or before November 20, 2014. Lastly, a person seeking deferred action must not be an enforcement priority for removal from the United States. Examples of enforcement priorities include threats to national security or public safety, but are not limited to these categories.
United States Customs and Immigration Services (USCIS) expects to begin accepting applications for the DAPA program approximately 180 days after President Obama's November 20, 2014 announcement, on or about May 20, 2015. In the meantime, there are a number of things prospective applicants can do to prepare. If you expect to apply for deferred action under DAPA, you should begin gathering documents that establish your own identity, your relationship to a U.S. citizen or lawful permanent resident, and your continuous residence in the United States since January 1, 2010.
As applications begin to be accepted, USCIS will work to determine whether applicants are enforcement priorities for removal from the countries. Applicants can expect to undergo thorough background checks, which will include checks of primary names and aliases against databases maintained by government agencies and fingerprint checks.
At this time, no cutoff date for application has been identified, but prospective applicants should make a decision about applying as soon as possible. Once an application is submitted, it is the goal of USCIS to process it within one year of receipt, though this processing time is not guaranteed. USCIS will, however, notify applicants that their applications have been received within 60 days of receipt.
Use of Application Information
Applicants for deferred action under DAPA may be concerned about how the information in their requests will be shared and used. Information in a request for deferred action will not be communicated with United States Customs and Border Protection (CBP) or with Immigration and Customs Enforcement (ICE) for the purpose of deportation in most circumstances. Exceptions are when the request contains evidence of fraud that is related to the request, or evidence of a criminal offense, a threat to public safety, or a threat to national security.
Be aware, however, that the information in your request may be shared with agencies, including ICE and CBP, for other purposes. These include the identification and prevention of fraudulent claims, purposes relating to national security, or the investigation or prosecution of a crime.
In order to be sure you properly complete your application, you should have the guidance of an experienced immigration attorney, not an immigration consultant or notary public. If you have questions about DAPA or whether you qualify for deferred action, contact Howard County, MD immigration lawyer Van T. Doan.
Categories: Immigration Law