Deferred Action for Childhood Arrivals and Parental Accountability

*** USCIS UDPATE: Deferred Action for Childhood Arrivals 2017 Announcement (Sept. 5th, 2017)

Expand Deferred Action for Childhood Arrivals:

Expanding the population eligible for the Deferred Action for Childhood Arrivals (DACA) program to young people who came to this country before turning 16 years old and have been present since January 1, 2010, and extending the period of DACA and work authorization from two years to three years.

1. Expand DACA to young people who came to the U.S. before turning 16 years old.

2. Have been present in the U.S. since January 1, 2010 (continuous presence requirement has been shortened from June 15, 2007)

3. The expanded DACA initiative allows individuals born prior to June 15, 1981, to apply for DACA (removing the upper age restriction), provided they meet all other guidelines.

4. The government plans to extend the period of DACA and work authorization from two years to three years.

5. This initiative is expected to be implemented approximately 90 days following the announcement.

Deferred Action for Parental Accountability (DAPA):

Allowing parents of U.S. citizens and lawful permanent residents who have been present in the country since January 1, 2010, to request deferred action and employment authorization for three years, in a new Deferred Action for Parents of Americans and Lawful Permanent Residents* program, provided they pass required background checks

1. U.S. Citizenship and Immigration Services (USCIS) will create a new deferred action process, granting deferred action to eligible parents of U.S. Citizens and lawful permanent residents.

2. The U.S. Citizen or lawful permanent resident child must have been born on or before November 20, 2014.

3. Includes step-children, if the marriage between the biological parent and step-parent occurred prior to the child’s turning 1, and adopted children, if the adoption took place prior to the child’s turning 16.

4. The parents must have been continuously present in the U.S. since January 1, 2010.

5. The parents must have been unlawfully present in the U.S. on November 20, 2014 and on the date the application is made.

6. The parents must learn English.

7. The parents must Pay Taxes Going Forward.

8. The parents must also not be an enforcement priority for removal from the United States. Individuals with removal/deportation orders issued on or before January 1, 2014 will not be a priority for removal.

9. The parent will be ineligible if is convicted of a Felony, a Significant Misdemeanor or 3 or more Misdemeanors.

10. Not Misdemeanors: Traffic Violations including Driving without a License.

11. Expunged and Juvenile convictions may not be Disqualifiers.

12. Public Safely Threats Cannot qualify for DAPA – Gang Membership & Criminal Activities.

13. If DAPA is granted, the applicant will receive employment authorization for three years, provided they pass required background checks.