Among the executive actions on immigration announced by President Obama last 11/20/2014 is the Deferred Action for Parental Accountability or DAPA. DAPA is a form of a prosecutorial discretion program to be administered by the Department of Homeland Security, through the US Citizenship and Immigration Service (USCIS) which allows a qualified undocumented parent of a US citizen or permanent resident to request for: (1) deferred action; or temporary relief from deportation and (2) employment authorization.
To qualify for DAPA, an applicant must:
- have a U.S. citizen or LPR son or daughter as of November 20, 2014;
- have continuously resided in the United States since before January 1, 2010;
- physically present in the United States on November 20, 2014, and at the time of applying;
- have no lawful immigration status on November 20, 2014; and
- not be an enforcement priority for removal from the United States, pursuant to the November 20, 2014, Policies for the Apprehension, Detention and Removal of Undocumented Immigrants Memorandum; and
- pass a background check.
The November 20, 2014 Memorandum identified three (3) civil immigration enforcement priorities:
- Priority 1 (threats to national security, border security, and public safety),
- Priority 2 (misdemeanants and new immigration violators), and
- Priority 3 (other immigration violations)
Priority 1 refers to aliens who are considered threats to national security, border security, and public safety. These include those engaged in or suspected of terrorism or espionage, or who otherwise pose a danger to national security; aliens apprehended at the border or ports of entry while attempting to unlawfully enter the United States; aliens convicted of an offense for which an element was active participation in a criminal street gang, or aliens not younger than 16 years of age who intentionally participated in an organized criminal gang to further the illegal activity of the gang.
Priority 2 refers to misdemeanants and new immigration violators. They include aliens convicted of three or more misdemeanor offenses, aliens convicted of a “significant misdemeanor” (such as domestic violence, sexual abuse or exploitation; burglary; unlawful possession or use of a firearm; drug distribution or trafficking; or driving under the influence), and those aliens apprehended anywhere in the United States after unlawfully entering or re-entering the United States. .
Priority 3 aliens are those who have been issued a final order of removal on or after January 1, 2014.
The guidelines set forth in the memorandum took effect this 1/5/2015. On the other hand, the USCIS has announced that it expects to receive DAPA applications within 180 days following the November 20, 2014 Presidential announcement.
If you are contemplating of filing any application based on these executive actions or any immigration petition for that matter, it is advisable to seek the counsel of an immigration lawyer to guide you on the intricacies of filing for such a petition.
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Atty. Gwendolyn Malaya-Santos is a member of the State Bar of California and the Integrated Bar of the Philippines. To schedule for a free initial consultation, please call Tel. Nos. (213) 284-5984 or (626) 329.8215. Atty. Santos’ office is located at 3450 Wilshire Blvd., Suite 1200-105, Los Angeles, CA 90010.
Information contained in this article does not, nor is it intended to, constitutes legal advice for any specific situation and does not create a lawyer-client relationship. It likewise does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
