New Deferred Action Policies
President Obama announced his executive action on immigration last week, which include his new deferred action policies Deferred Action for Parental Accountability and changes to the Deferred Action for Childhood Arrivals that was announced in 2012. The following is a brief description of what we know about these two, DAPA and DACA, respectively, based on what USCIS has already released.
- Deferred Action for Parental Accountability (“DAPA”)
What is Deferred Action for Parental Accountability (“DAPA”)?
Deferred Action for Parental Accountability, or DAPA, grants undocumented parents of US citizens and/or lawful permanent resident (“green card”) children deferred deportation and work authorization for 3 years at a time.
Does DAPA provide a path to a green card and US citizenship?
No. That would be amnesty, but DAPA is not amnesty. DAPA, on its own, is not a way to obtain a green card and then naturalize to become a US citizen. Instead, it only provides deferred deportation and a work permit to those who are afforded relief. It is very similar to Deferred Action for Childhood Arrivals (“DACA”).
I qualify for DAPA based on what I’ve read. When can I apply?
USCIS stated that it will be available within 6 months of the announcement, so approximately as early as May 2015.
What are the requirements for DAPA?
Individuals may apply if they:
- Can show continuous residence in the US since January 1, 2010;
- Can show that they parents of a US citizen or lawful permanent resident born on or before November 20, 2014; and,
- Are not an enforcement priority for removal (ie: national security or public safety threat).
- Deferred Action for Childhood Arrivals (“DACA”) Changes
What is Deferred Action for Childhood Arrivals (“DACA”)?
Deferred Action for Childhood Arrivals, or DACA, grants undocumented childhood arrivals deferred deportation and work authorization and will now be granted for 3 years at a time. Though this policy was announced in 2012 and relief was granted to over 500,000 applicants, President Obama decided to make certain changes to the existing program.
What changes did President Obama make to the existing DACA policy?
He made the following changes:
- DACA will be granted for 3 years at a time. Before, it was 2 years.
- DACA will have no age cap. Before, individuals had to be under a certain age at the time of the announcement.
- DACA applicants are only required to show continuous residence from January 1, 2010 until present time, but before, DACA applicants had to show continuous residence since June 15, 2007.
I’ve already received my DACA renewal, but it’s valid for 2 years. Does the 3-year extension apply to me now?
The 3-year extension only applies to those who are currently waiting for a decision on their renewal and those that will be eligible to apply once the process is available to them. So, if you’ve already received a renewal approval before President Obama’s announcement, the 3-year extension will not apply to you.
Our Sacramento immigration lawyers are prepared to answer any questions you might have with respect to these announcements or immigration law generally. Our Sacramento immigration law firm has been very successful in obtaining relief for our DACA clients. In fact, our Sacramento immigration lawyers have been 100% successful with all of our DACA applications. We are confident that our Sacramento immigration lawyers are well equipped with the experience in immigration law to navigate around the new DAPA and changed DACA policies. Do not hesitate to contact us.
*The information provided in this post does not constitute legal advice or opinion. The information is for guidance purposes only. Individual situations vary and you should contact us for a consultation. Carson & Kyung, Sacramento’s Immigration Attorneys on New Deferred Action Policies. Image courtesy of whitehouse.gov.