Over the course of my practice, I have had people come to me for consultation on their immigration situation. They may have been out of status, were not “grandfathered” under Section 245(i), had no employer or family member to petition them, etc. But they did have a child born in America. So, the advice for some of them was to wait until their US citizen child turned 21 years old and could petition them.
However, that has now changed with President Obama’s executive action of Deferred Action for Parental Accountability (DAPA). Parents of US citizens or green card holders could be entitled to work authorization, relief from deportation/removal, and permission to travel to the Philippines, if they are eligible and qualified.
The basic requirements for DAPA are:
• The person has a child who was a US Citizen or green card holder as of 11/20/14. The age of the child does not matter. The child can be an infant or middle-age, as long as the child was a citizen or green card holder as of November 20, 2014
• The parent entered the US before 1/1/10, and has lived continuously in US since then qualified for DAPA
• The parent was in US on 11/20/14, and out of status
• Passes criminal and national security checks
• Pays taxes and filing fee
• Work authorization is granted for 3 years, they are given relief from deportation.
If you believe you are eligible for DAPA, you should definitely seek the advice of an attorney, who can fully examine and evaluate your immigration history, and determine your eligibility. Did you ever file for any other immigration benefits? Were those benefits denied? Have you ever been convicted of a crime, or pled guilty? Are you able to properly document your entry to the US and/or that you lived in the US continuously? Remember, DAPA is a program by which the US government is “documenting” people who were previously “undocumented,” who may have lived in the shadows, worked under the table, paid everything in cash, and may not have all the documents necessary.
But if you are out of status, have a US citizen or green card child, at least you know you no longer have to wait to celebrate their 21st birthday. They can help you now!
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Michael J. Gurfinkel is licensed, and an active member of the State Bar of California and New York. All immigration services are provided by, or under the supervision of, an active member of the State Bar of California. Each case is different. The information contained herein including testimonials, “Success Stories,” endorsements and re-enactments) is of a general nature, and is not intended to apply to any particular case, and does not constitute a prediction, warranty, guarantee or legal advice regarding the outcome of your legal matter. No attorney-client relationship is, or shall be, established with any reader.
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