Deferred Action for Parental Accountability (DAPA)

On November 20, 2014 President Obama signed an Executive Order that will impact millions of undocumented persons in the United States that do not have immigration status.  The November 20, 2014 executive order expanded Deferred Action to adults who have been in the United States since January 1, 2010 and are the parent of a US Citizen or lawful permanent resident. This Deferred Action for parents of U.S. citizens or lawful permanent residents will not be effective until May 2015.

What is Deferred action for parental accountability (DAPA)?

Deferred Action for Parental Accountability also known as DAPA is an Executive Action, that provides temporary immigration protections from deportation and employment authorization to undocumented parents of U.S. citizens and lawful permanent residents.  While not granting any immigration status, DAPA simply allows the parents of U.S. citizens and lawful permanent residents to stay in the United States for a period of 3 years, subject to renewal and work legally.

What is the criteria for DAPA? 

What is the criteria for DAPA? The USCIS has neither disclosed the details of the requirements for DAPA nor implemented them since DAPA will not be effective until May 2015 or earlier when USCIS begins to accept DAPA applications.  However the following criteria is likely to be relevant to what DAPA may require:  
  1. Have a son or daughter that is a U.S. citizen or permanent resident (“green card” holder) on November 20, 2014 or earlier;
  2. Have continuously resided in the United States since January 1, 2010, up to the present time;
  3. Be physically present in the United States on November 20, 2014 and at the time of making your request for consideration of deferred action with USCIS;
  4. Had no lawful status on November 20, 2014;
  5. 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 – not a priority for deportation;
  6. Present no other factors that, in the exercise of discretion, makes the grant of deferred action inappropriate.

What are the benefits of a DAPA status?

Similar to DACA status, DAPA recipients will have the following rights:
  1. Work legally within the United States;
  2. Obtain a State ID;
  3. Obtain a Driver’s License;
  4. Travel outside of the U.S. for humanitarian, business, educational purposes;
  5. Not be put into deportation proceedings or be removed for a period of 3 years.
If you are uncertain whether you are eligible for DAPA and wish to speak with an experienced immigration lawyer, contact Cipolla Law Group today and get your DAPA application prepared early for May 2015 filing.