Executive Action on Immigration (includes DAPA, expanded DACA)

On November 20th, 2014, President Obama announced Executive Action on Immigration (Note: Effective February 16th, 2015 a temporary injunction prevented the Executive Action to be implemented. This matter is currently being still fought out in the courts. As it stands currently, expanded DACA and DAPA are on hold. Please feel free to contact me at kasturilaw@gmail.com if you have further questions.)

This initiative includes, but is not limited, to the following:

It permits parents of U.S. citizens and lawful permanent residents who have been present in the country since January 1, 2010, to request deferred action from deportation and employment authorization for three years. This program is called Deferred Action for Parents of Americans (DAPA)and Lawful Permanent Residents program. The exact guidelines are still pending, but some of the basic requirements are:

  1. Must be a parent of a US citizen or Legal Permanent Resident child;
  2. Must have been present unlawfully in the United States on November 20th, 2014;
  3. Must have resided continuously in the US since prior to January 1, 2010;

(One may be eligible for DAPA even if one is in removal proceedings or is under a Final Order of Removal.)

The complete forms/rules for DAPA are not available yet. It is anticipated that DAPA applications may be submitted in May 2015 subject to the new forms/rules.

What practical steps can be taken prior to DAPA implementation. Some steps are:

    • Secure a certified disposition of any criminal or traffic infractions;
    • Secure all documents that establish physical presence in the Unites States for every month you have been in the United States since January 1st, 2010. (e.g. Bank Statements, Insurance Statements, School/Medical Records, Rent Receipts etc)
    • Have on your possession a ID. (Passport, Drivers License, Birth Certificate etc)
    • Gather documents/information on your entry and departures from the Unites States.

Secure a FOIA (Freedom of Information Act) if you are not clear about your entry/departure records or want more information on what the government has on file for you.

Finally, this initiative expands the use of waivers of unlawful presence to include the spouses and sons and daughters of lawful permanent residents and the sons and daughters of U.S. citizens.

It expands DACA so that more individuals are eligible for the Deferred Action for Childhood Arrivals (DACA) program. Those who came to the United States before they turned 16 and have been present since January 1st, 2010 may be eligible for DACA. This directive also extends DACA and the work you if you have questions regarding DACA and the Executive Action on Immigration. Feel free to visit the USCIS website for further information. See www.uscis.gov.

Each case is different, please feel free to contact my office at 1-800-348-1370 or email me atkasturilaw@gmail.com.