On November 20, 2014, President Obama announced that its administration will stop deporting certain undocumented parents of US citizens and parents of legal permanent residents. These individuals will also be allowed to get work permits to enable them to work and get a driver’s license. This program has been named as Deferred Action for Parental Accountability (DAPA). In order to qualify for this type of Deferred Action, the individual must: (1) be a parent of a US citizen or lawful permanent resident; (2) have continuously lived in the United States since January 1, 2010; (3) have been present in the US on November 20, 2014; (4) not have a lawful immigration status at the time you applied for DAPA; (5) have not been convicted of certain criminal offenses, including any felonies and some misdemeanors; (6) not be an enforcement priority for removal from the United States.
Aside from DAPA, the president also announced the expansion of the Deferred Action for Childhood Arrivals (DACA) Program. Like the previous DACA program, qualified applicants are eligible to get a work permit. To qualify for expanded DACA, the following requirements must be met: (1) must have come to the United States before the applicant’s sixteenth birthday; (2) must have continuously lived in the US since January 1, 2010; (3) must not have a lawful immigration status; (4) must have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or be in school on the date that you submit your deferred action application; (5) must have not been convicted of certain criminal offenses; (6) must pass a background check.
It has been more than a month since the President’s announcement of his executive action, and the USCIS has NOT started accepting any applications for DAPA or the expanded DACA. This is why the public should be wary of individuals and entities who claim that they can now start processing their DAPA and expanded DACA applications. To warn the public of these unscrupulous individuals and to avoid immigration scams, the US Citizenship and Immigration Services (USCIS) has sent out fliers to the public warning them that the Executive Actions on DAPA and the expanded DACA do not apply yet and that the USCIS is not yet accepting applications or requests for these initiatives.
While the USCIS is not accepting requests for DAPA and the expanded DACA at this time, eligible applicants may start gathering documents to show the following: (1) proof of their identity; (2) relationship to a US citizen or legal permanent resident child; and (3) continuous residence in the United States since January 1, 2010.
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Atty. Dennis E. Chua is a partner in The Law Firm of Chua Tinsay and Vega (CTV), a full service law firm with offices in San Francisco, San Diego and Manila. The information presented in this article is for general information only and is not, nor intended to be, formal legal advice nor the formation of an attorney-client relationship. Call or e-mail CTV for an in-person or phone consultation to discuss your particular situation and/or how their services may be retained at (415) 495-8088; (619) 955-6277; [email protected]. The CTV Attorneys will be at Max’s Restaurant in Vallejo on October 19, 2009 from 5pm to 7pm to hold a FREE legal clinic.
