President Obama's executive action will create a new deferred action program for undocumented immigrants who are parents of U.S. citizens or permanent residents, giving them temporary legal status and work authorization for a period of 3 years.
The program will be called Deferred Action for Parental Accountability (DAPA).
Under DAPA, an immigrant may file a petition with the U.S. Citizenship and Immigration Services (USCIS) if he or she meets the following requirements:
1. Is a parent of a U.S. citizen or permanent resident who was born on or before November 20, 2014 (the date of the presidential announcement).
2. You have lived continuously in the United States since prior to January 1, 2010.
3. He was physically present in the United States on November 20, 2014, and at the time he filed the DAPA petition with USCIS.
4. Did not have legal status on November 20, 2014.
5. They are not a priority for deportation, according to the Policies for the Apprehension, Detention and Removal of Undocumented Immigrants Memorandum (Policies for the Apprehension, Detention and Removal of Undocumented Immigrants Memorandum).
6. You have no other factors that disqualify you from the exercise of discretion by USCIS.
USCIS will consider each DAPA petition on a case-by-case basis. The immigration enforcement priorities for determining who is deportable are varied, but include persons who are a threat to national security and public safety or who have committed certain types of crimes.
USCIS will implement the new changes within approximately 180 days of President Obama's announcement on November 20, 2014.
If in doubt, consult with a licensed and experienced immigration attorney or federally accredited representative.
Please do not visit notaries, immigration consultants, paper fillers or multiservices because these people are not authorized to give you legal advice.
For a summary of President Obama's executive action, click here.
Among the President's actions, deferred action for immigrants who came to the United States as children will be expanded. For the new DACA requirements, click here.