H1B Visa Lawyer Blog
On November 20, 2014, the President of the United States announced the eligibility criteria for exercising prosecutorial discretion through the use of deferred action for Parents of U.S. Citizens or Permanent Residents . This deferred action program will be for a period of three years and will be subject to renewal. As a result of the deferred action, the applicant may be eligible for work authorization.
Determinations will be made on a case-by-case basis. Individuals must prove through documentation that they meet the guidelines for deferred action. Anyone who is granted deferred action is not a lawful US citizen, nor a Lawful Permanent Resident. No permanent legal status is provided through DAPA. DAPA is only a temporary grant of relief from deportation.
You may request consideration of Deferred Action if you*:
1. have, as of 11/20/2014, a son or daughter who is a U.S. citizen or lawful permanent resident (child born on or before 11/20/2014); AND 2. have continuously resided in the United States since January 1, 2010; AND 3. were physically present in the United States on 11/20/2014, and at the time of making a request for consideration of deferred action with USCIS; AND 4. have no lawful status as of 11/20/2014; AND 5. are not an enforcement priority, pursuant to the November 20, 2014 Policies for the Apprehension, Detention and Removal of Undocumented Immigrants Memorandum; AND 6. present no other factors that, in the exercise of discretion, makes the grant of deferred action inappropriate.
– Applicants must also submit biometrics for USCIS to conduct background checks
– Applicants must pay the work authorization and biometrics fees, $465.00 (no fee waivers, very limited fee exemptions)
PLEASE NOTE – At this time NOTHING has been implemented. The President’s Address was just an announcement of what is expected to happen within the next few months.
PLEASE BE AWARE OF ANYONE WHO IS OFFERING TO HELP YOU AT THIS TIME. DO NOT BECOME A VICTIM.
*An Attorney has to have a license from a State Bar Association *If you Suspect Fraud, REPORT IT
*USCIS should begin accepting applications under the new criteria from applicants no later than one hundred and eighty (180) days from the date of the announcement made by President Obama (11/20/2014). In short, we expect the USCIS to begin accepting applications on or before May 18, 2015.
In order to request consideration of deferred action – certain individuals must mail their forms and supporting documentation to the United States Citizenship and Immigration Services (USCIS). It is advisable to present the following supporting evidence:
• Birth Certificate (with translation) and/or Passport
• Birth Certificates of U.S. Citizen or lawful permanent resident child;
• U.S. Passport or Green Card of child;
• Employment records, Medical records, Financial Records, and/or Military Records that show that you came to the U.S before January 1, 2010 to the present, and were physically present in the U.S. as of November 20, 2014 (Additional evidence may be considered on a case-by-case basis: social media, phone records, bills/receipts, etc.)
While the Deferred Action eligibility criteria may seem to be straight forward, it is very important to understand that immigration law is complicated. As with any application seeking immigration benefits, an application for Deferred Action could lead to potential consequences for the foreign national. Applicants should always consider seeking the advice of a licensed immigration attorney before submitting an application for Deferred Action.
If you are interested in applying for DAPA, contact us online or call us at (240) 390-0600
Source of Information:
DHS.gov, 11/20/14, Memorandum:
Executive Action: Extend Deferred Action to Parents of U.S. Citizens and Lawful Permanent Residents
National Immigration Law Center, 11/21/14, FAQs:
FAQs – The Obama Administration’s Deferred Action for Parental Accountability & Expanded Deferred Action for Childhood Arrivals Programs