What is DAPA (Deferred Action for Parental Accountability)?


What is the latest update on DAPA?

As you might know, in November of last year, President Obama announced a new program known as “DAPA” (Deferred Action for Parental Accountability), for parents of U.S. citizens and lawful permanent residents. The United States Citizenship and Immigration Services (USCIS) had planned to begin accepting DAPA applications in mid-to-late May of 2015. However, a federal court judge issued a preliminary injunction, blocking the federal government from implementing the program. The Obama administration filed an appeal, but the injunction was upheld by the 5th Circuit Court of Appeals on November 9, 2015. On November 20, 2015, the Obama administration filed an appeal with the United States Supreme Court. While this appeal remains pending, no DAPA applications will be accepted.  (updated December 15, 2015)


What is DAPA?

On November 20, 2014, President Obama announced a plan to provide temporary relief from removal (deportation) to certain parents of U.S. citizens and lawful permanent residents (LPRs). This program has been nicknamed “DAPA” (Deferred Action for Parental Accountability). If your application is approved, you will be granted “deferred action” for three years, which means the government will not take action to remove you from the United States, and you will be given a work permit. “DAPA” is not permanent residency, nor is it a path to permanent residency, and it does not give an individual permission to travel outside of the United States and then reenter.

WHO IS ELIGIBLE?

To qualify, you must meet the following criteria: 

  • Have a son or daughter who is a U.S. citizen or lawful permanent resident who was born on or before November 20, 2014;
  •  Have lived continuously in the United States since before January 1, 2010;
  •  Be physically present in the United States on November 20, 2014 AND on the date that you apply for DAPA;
  • Have no legal status in the United States; 
  • Have not been convicted of certain crimes or have certain immigration history, such as recent prior removals (deportations).

Individuals who have been convicted of certain crimes, who have been caught at the border attempting to enter the United States illegally, or who have been ordered removed (deported) in 2014 may not be eligible. If you have ever had ANY contact with the police or immigration authorities, you should consult with an immigration attorney before filing any application for DAPA or any other immigration benefits.

WHEN CAN I APPLY?

The United States Citizenship and Immigration Services (USCIS) planned to begin accepting DAPA applications in mid-to-late May of 2015. However, a federal court judge issued a preliminary injunction, blocking the federal government from implementing these changes (for more information, click here). The injunction means that USCIS will not be preparing to accept applications for DAPA. Applications may be accepted in the future if and when the injunction is lifted.

WHAT SHOULD I DO NOW? 

You should begin gathering documentation for your case. This will include proof that you have been living in the United States since before January 2010, proof that you were physically present on November 20, 2014, and proof that you have a child who is a citizen or resident. If you have any criminal or immigration history in the United States, you will want to consult with an Immigration attorney prior to filing your application.


Contact our law office at (206) 838-7628 to set up a low-cost immigration consultation to see if you qualify for Deferred Action for Childhood Arrivals (DACA).


ABOUT L.I.H. LAW  - IMMIGRATION LAWYERS

L.I.H. Law is a trusted immigration law firm with our office conveniently located in Seattle, near the Seattle Space Needle (2nd Ave and Denny Way).

Our well-respected lawyers exclusively practice immigration law, covering diverse topics: asylum, Deferred Action for Childhood Arrivals (DACA), Deferred Action for Parental Accountability (DAPA), detention cases, fiancé visas (K-1 visas), green cards, immigration status for victims of domestic violence or other crimes, naturalization applications, and much more.

The immigration lawyers and professional staff at L.I.H. Law are dedicated to providing the right solutions to meet our clients’ immigration needs.  Our entire staff is fluent in Spanish and has served clientele from around the world.

Supporting our local immigration community is important to us. Our immigration lawyers and staff are active in volunteering for various community events and organizations, and conducting pro-bono work.