What is DAPA?
In late 2014, President Barack Obama announced that he was directing the Department of Homeland Security to not deport certain undocumented parents of U.S. citizens or lawful permanent residents who have lived in the United States since 2010. The program, known as Deferred Action for Parents of Americas, or “DAPA,” would not grant eligible individuals full legal status but rather would provide a three-year renewable work permit and exemption from removal from the country. Like DACA (Deferred Action for Childhood Arrivals,” DAPA is a use of prosecutorial discretion on the part of the federal government.
The Current Status of DAPA
Currently, DAPA (and an expansion of DACA that was announced at the same time) are not in effect due to a federal court’s injunction that is in place while state-initiated lawsuits are pending. In the summer of 2016, the United States Supreme Court reached a 4-4 split decision in the case resulting in the injunction remaining in place.
If DAPA is Implemented, Will I be Eligible?
There are a number of requirements for eligibility under the proposed DAPA program. These include the following:
- You must be a parent of a lawful permanent resident or U.S. citizen
- You must have continuously lived in the U.S. since January 1, 2010
- You must have been present in U.S. on November 20, 2014
- You must have had any lawful immigration status on November 20, 2014
- Your criminal record must be free from certain categories of offenses
Establishing DAPA eligibility if and when the program takes effect may be difficult for undocumented immigrants due to their undocumented status. For this reason, if the program is implemented, it is advisable for anyone who is seeking deferred action status under DAPA to speak with an attorney as soon as possible. An attorney can help in many ways, such as obtaining affidavits or other documentation establishing your continuous presence in the United States since 2010 and reviewing your criminal record to see whether you qualify.
Call 201-703-9400 today for more information.
While obtaining deferred action status through DAPA is not an option as of now, there may be ways that an immigration attorney can help you gain lawful status. Attorney Robert P. Mondello is a skilled New Jersey immigration attorney with over two decades experience representing the rights of individuals with issues related to immigration law. To schedule a consultation, call our office today at 201-703-9400.
