On November 20, 2014, President Obama announced a new Deferred Action for Parental Accountability Program (DAPA), on a case by case basis, to individuals who demonstrate they meet the following criteria:
- Have, as of November 20, 2014, a son or daughter who is a U.S. citizen or lawful permanent resident;
- Have continuously resided in the United States since before January 1, 2010;
- Are physically present in the United States on November 20, 2014, and also at the time of making a request for consideration of deferred action with USCIS;
- Have no lawful status on November 20, 2014;
- Are not an enforcement priority; and
- Present no other factors that, in the exercise of discretion, make the grant of deferred action inappropriate.
Deferred action requests are decided on a case-by-case basis. All individuals who request DAPA will have their fingerprints taken and must pass a background check. Those who demonstrate that they meet the criteria will be eligible to receive deferred action for a period of three years, subject to renewal, and will be eligible to apply for work authorization. Individuals with final orders of removal remain eligible to receive deferred action under this program.
Individuals cannot file for DAPA at this time. USCIS has been instructed to begin accepting applications under the new criteria from applicants no later than 180 days from November 20, 2014. Until USCIS begins accepting DAPA applications, you can prepare by collecting proof of your presence in the US for the last 5 years, US birth certificates or permanent resident cards of your children, and identification documents (for example, a valid passport or national identification card)
If you believe you qualify for this Deferred Action for Parental Accountability, and would like to discuss your eligibility with an experienced immigration lawyer, please call our office, Menes Law Firm, at 214-631-2751 to schedule your free initial consultation