What is Deferred Action for Parents?
One of the most popular immigration programs in a long time was the Deferred Action for childhood Arrivals (DACA), which helps allow certain immigrant children brought unlawfully into the United States to stay for a period of time to attend school, work, and stay with their families. Immigration officials can use their discretion to defer any deportation or removal action and give these children limited permission to stay lawfully in the U.S. Many people have made use of this program in order to stay and pursue a more long-term immigration status.
In November of 2014, President Obama announced a similar program, called the Deferred Action for Parents of Americans and Lawful Residents (DAPA). This program would give immigration officials to review applications and decide to defer action against parents of children who lawfully reside in the U.S. This law would further help keep families together and would help focus immigration attention to people with felony convictions or people who are now trying to unlawfully enter the country.
Unfortunately, many different state leaders, led by Texas, brought a legal action in federal court to stop the enactment of DAPA. Federal judges in Texas ruled against the law and the appeal in support of DAPA made it all the way to the Supreme Court of the United States (SCOTUS), which is short one justice due to the sudden death of Justice Antonin Scalia. The decision in the case was a tie, which means that the previous court decision to prevent DAPA will stand. This means that, as of now, no immigrant parents of citizens or lawful permanent residents will be eligible to apply for deferred action at this time. The court case also halted an expansion of DACA, which would have made millions more people eligible for deferred action. Even if you are not eligible under these programs, you may be eligible to obtain visas or green cards in other ways to stay with you family.
Call an Experienced New Jersey and New York Immigration Attorney for More Information
If you have questions regarding your immigration status or your rights under federal immigration laws, please do not hesitate to contact the office of Ronald P. Mondello, Esq. Attorney at Law to discuss your situation. We work to find solutions to help families stay together in the United States whenever possible and ways to defer any immigration action against you. Call today to learn more (201) 703-9400.
