On November 20, 2014, President Obama announced he would exercise his right to issue an executive order (or memorandum) allowing millions of undocumented immigrants to temporarily stay in the United States without fear of deportation.
Deferred Action for Parents of U.S. citizens or permanent residents
The largest group of individuals who would benefit from the President's reform will be the parents of children who are U.S. citizens and permanent residents. Specifically, parents of U.S. Citizen and lawful permanent resident children will be allowed to submit an application requesting deferred action and employment authorization cards for a period of three years.
Some of the requirements are as follows:
On November 20, 2014, the applicant had a child (or children) who was is a United States citizen or a lawful permanent resident;
The applicant must have resided in the United States continuously since January 1, 2010;
The applicant must pass all required background checks;
The applicant is NOT an enforcement priority for removal from the United States under the November 20, 2014, Policies for the Apprehension, Detention and Removal of Undocumented Immigrants Memorandum.
Questions and Answers:
Q: Can I submit my application now?
A: USCIS is expected to begin accepting applications in the spring of 2015.
Q: Can I start preparing documents for my application?
A: Yes. In fact, it is extremely important that you collect documents such as
- Documents establishing your identity (passports, birth certificates, any other types of identification documents you may have). If these documents are not in English, please make sure you a translated copy.
- Documents establishing your relationship with a U.S. citizen or a permanent resident child.
- Documents/evidence proving your continues residence in the United States over the last five years
- Expansion of the Deferred Action for Childhood arrivals
- The expansion of the current DACA initiate removes the requirement that the applicant must have been born prior to June 15, 1981. The revised DACA further amends the requirement that the applicant must have lived in the US continuously since June 15, 2007. The new requirement is that the applicant must have lived in the United States continuously since January 1, 2010 (not June 15, 2007).
- Questions and Answers?
- Q: When can I submit an application for the new DACA program?
- A: USCIS will start accepting applications approximately 90 days after the President's announcement on Nov 90, 2014.
- Q: Will I receive a work authorization card?
- A: If you application is approved, you will receive a work authorization card valid for three years.
- Q: What are the eligibility requirements?
- A: The requirements will be as follows:
- You arrived in the United States before your 16th birthday;
- You have continuously resided in the United States since January 1, 2010 (previously the requirement was June 15, 2007), up to the present time.
- You were physically present in the United States on June 15, 2012, and at the time of submitting your request for deferred action with USCIS.
- You entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012.
- You are currently in school, or have graduated or obtained a certificate of completion from high school, or have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
- Have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.
Please note that the requirement that the applicant was under the age of 31 as of June 15, 2012, no longer exists.
If you are not sure whether you meet all of the requirements or have sufficient evidence to prove your eligibility, you should schedule a consultation with an immigration lawyer for a thorough review of your case.