New Deferred Action for Childhood Arrivals (DACA) & Deferred Action for Parental Accountability (DAPA)
*** BREAKING NEWS: Executive Action still on Hold ***:
Major Executive Action on Immigration Announced by President Obama in November 2014 Extending DACA and allowing Parents of U.S. citizen or Lawful Permanent Resident Children to stay for up to 3 years has been temporarily enjoined awaiting appeal in July 2015 (click here for more in Spanish)
On November 20, 2014, the President of the United States announced intention to take certain actions with the purpose of maintaining family unity and promoting the integration of immigrants to this country. Deferred action is a program whereby the administrative agency, at its discretion, chooses to defer deportation of an individual for humanitarian principles. It is not a new law, and it does not confer a legal status; it would allow a person, on a case-by case basis, to stay in the United States temporarily until further notice. A person under this program may be permitted to apply for work authorization. Also announced was the expansion to the Provisional Waiver which now includes adult children of U.S. citizens as well as spouses and children of Lawful Permanent Residents. The lawyers of Chavez & Valko, LLP are pleased to share with you valuable information on immigration processes that can benefit you, your family or someone you know.
A person will likely qualify for deferred action under this new directive if he or she:
Deferred Action for Childhood Arrivals (DACA) for 3 years - should go into effect in February 2015
- Is at least 15 years old when making the request unless he or she is in removal proceedings, has a final removal order, or has a voluntary departure order, and is not in immigration detention;
- Resided in the U.S. since January 1, 2010 to present;
- Proof that Applicant was unlawfully present in the U.S. (!);
- Is currently in school, has graduated from High School, has obtained a general education development (GED) certificate, or has been honorably discharged from the U.S. Coast Guard or U.S. Armed Forces;
- Has not been convicted of a felony offense, a significant misdemeanor offense, or three (3) or more insignificant misdemeanors; and does not pose a threat to national security or public safety;
- Allows individuals born prior to June 15, 1981, to apply for DACA (removing the upper age restriction) provided they meet all other guidelines.
Deferred Action for Parents (DAPA) for 3 years - should go into effect in May 2015
- Is a parent of a U.S. citizen or Lawful Permanent Resident child;
- The child was born on or before November 20, 2014;
- The parent has resided in the U.S. since January 1, 2010 to present;
- Is not subject to removal order after January 1, 2014, or returned after removal;
- Has not been convicted of a felony offense, a significant misdemeanor offense, or three (3) or more insignificant misdemeanors; and does not pose a threat to national security or public safety.
Expansion of the Provisional Waiver for Unlawful/Illegal Presence - will be announced in 2015
- This is part of the consular process which serves in obtaining a provisional waiver for unlawful/illegal presence in the United States;
- This option is available for family members (spouses and children, including adult children) of U.S. citizens and Lawful Permanent Residents and are unlawfully/illegally present in the United States and are seeking to immigrate to the EE.UU. through the consular process;
- After the waiver's approval, the person will then apply for the immigrant visa (permanent residence) at a U.S. Consulate in the person's home country.
Chavez & Valko offers the following legal services to potential applicants:
- Carefully monitor developments of this program and communicate them to our clients;
- Legal analysis and assessment about the applicant's qualifications, with r eview of supporting documentation;
- Complete the packet and submit it to the DHS.
Chavez & Valko will provide this legal service to you at a very affordable price so that you can realize this benefit through our professional representation and advice. We strongly urge you to have an immigration attorney review one's case if the applicant has a criminal record which may include juvenile convictions.
While this guidance takes effect immediately, the implementation by USCIS will vary. In the meantime, individuals seeking more information on the new policy should visit USCIS' website or call the immigration law firm of Chavez & Valko, LLP with offices in Dallas (214-251-8011) Fort Worth (817-332-1100), Baton Rouge (225-291-2155) or toll-free 888-562-0398 (nationwide) to speak to one of our immigration attorneys if the person will qualify for the deferred action and employment authorization document ("work permit").
Dallas and Fort Worth immigration lawyers of Chavez & Valko LLP confirm that on November 20, 2014, President Obama unveiled a sweeping executive action on immigration. Under an established principle of deferred action used by his predecessors, the President's plan will allow certain persons who are in the country without status to stay temporarily.
President Obama's announcement had the following themes:
- Cracking down on illegal immigration at the border, immigrants who attempt to enter from this point on have an increased chance of being caught and removed
- Deporting felons not families, deporting criminals not children, deporting gang members not mothers
- Family unification
The announcement stated that the following immigrants will be eligible for temporary reprieve from deportation:
- For immigrants that have been physically present in the United States for more than five years
- For immigrant parents that have children who are United States Citizens or Lawful Permanent Residents
- For immigrants who are willing to register and submit to a background check
- For immigrants who are willing to pay their taxes.