Visa Lawyer Blog
What is DAPA? DAPA allows eligible applicants, who do not have a criminal history, and who do not otherwise pose a threat to national security, to request deferred action having met certain conditions for a period of up to three years. DAPA allows parents of US Citizen or lawful permanent resident children to be granted an employment authorization card. DAPA also safeguards individuals against deportation.
To qualify under Obama’s executive action, an undocumented parent of a U.S. Citizen or lawful permanent resident child must meet the following conditions:
- The applicant must have lived in the United States continuously since January 01, 2010 to the present
- The applicant must have had a son or daughter on November 20, 2014 irrespective of age or marital status, who is either a US Citizen or lawful permanent resident
- The applicant must have been physically present in the United States as of November 20, 2014, the date of President Obama’s announcement
- The applicant must have had no lawful status on November 20, 2014, the date of President Obama’s announcement
- The applicant must have been physically present in the United States on November 20, 2014 and at the time of requesting DAPA with USCIS
If you have been convicted of any of the following you may not be eligible for DAPA:
- Felony
- Misdemeanor or three or more other misdemeanors
- Are a threat to national security
- Are an enforcement priority for removal
When Can I Apply? Currently applications are not being accepted, however USCIS has indicated that requests for DAPA will begin to be accepted in mid to late May of this year.
How Can You Begin to Prepare?
- If your child is a US Citizen make a copy of your child’s American birth certificate as proof that the child was born in the United States
- If your child is a Lawful Permanent Resident, make a copy of their valid government issued permanent resident card (front and back)
- Provide evidence that you were physically present in the United States on November 20, 2014, the date of President Obama’s announcement. Such evidence can include lease agreements, utility bills, proof of rent payments, academic enrollment, bank statements showing bank transactions, proof of purchases such as an automobile etc
- Provide evidence that you have lived in the United States continuously from January 01, 2010 to the present, it is important to be as detailed as possible in the documentation you provide (lease agreements, utility bills, bank statements, insurance documents, etc)
- If you have any arrests or criminal history you must submit to a background check. If you do not already have your criminal records, you must obtain them
Our office will keep you informed on any further updates. For eligibility concerns please contact our office.