DAPA (Deferred Action for Parents of Americans and Lawful Permanent Residents) and DACA (Deferred Action for Childhood Arrivals)
I have been practicing immigration law for more than 35 years in San Diego, CA, I see this is a great step in the right direction to fix our nation’s broken immigration system. A couple of the key components of President Obama’s Executive Action is DAPA and the expansion of the current DACA program.
How does DAPA and DACA help undocumented people?
It provides a temporary protection from DHS officials. A vast majority of undocumented immigrants would be eligible to receive a work permit. They would be able to apply for a social security number, and their work permit would be valid for 3 years.
What’s going on with DAPA? I thought President Obama signed this on November 2014?
As you may know, the republican party has fought against the President’s 2014 Executive Action on immigration. In Texas v. U.S.A., the federal district court Judge Andrew S. Hanen issued an injunction. This has stopped millions of immigrants from applying for these benefits.
The Supreme Court (United States v. Texas) is set to give its final decision sometime in late June 2016. If the Supreme Court sides with the Obama administration, the program would finally go into effect. Approximately, 5 million people will be protected, this will provide “#DREAMers” and parents of “DREAMers” temporary protection, access to an employment authorization document and a social security numbers.
DAPA & DACA Eligibility
As this is a discretionary form of immigration relief. USCIS has set criteria and will approve on a case-by-case basis.
To qualify for DAPA:
- Have lived in the United States continuously since Jan. 1, 2010, up to the present time;
- Were physically present in the United States on Nov. 20, 2014, and at the time of making your request for consideration of DAPA with USCIS;
- Had no lawful status on Nov. 20, 2014;
- Had, on Nov. 20, 2014, a son or daughter, of any age or marital status, who is a U.S. citizen (USC) or lawful permanent resident (LPR); and
- Have not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors; do not otherwise pose a threat to national security; and are not an enforcement priority for removal.
To qualify for DACA:
- Came to the United States before reaching your 16th birthday;
- Have continuously resided in the United States since Jan. 1, 2010, up to the present time;
- Had no lawful status on June 15, 2012;
- Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
- Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a General Education Development (GED) certificate, or are an honorably discharged veteran of the U.S. armed forces or U.S. Coast Guard; and
- Have not been convicted of a felony, significant misdemeanor or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.
San Diego DAPA & DACA Lawyer
If the Supreme Court sides with us, and when you’re ready to take advantage of DAPA or DACA programs, call our San Diego Immigration office at:
7825 Fay Avenue, Suite 200
La Jolla, CA, 92037 858.551.6888