What You Should Know About Current Executive Actions on Immigration

NEW YORK - Jan. 27, 2016 - PRLog -- In November of 2014, President Barack Obama announced the expansion of the Deferred Action for Childhood Arrivals (DACA) program for those who entered the United States as children. At that time, he also announced that the Department of Homeland Security would not deport undocumented parents of current U.S citizens and parents of lawful permanent residents, also known as the Deferred Action for Parents of Americans and Lawful Permanent Residents program (DAPA). Today, Congress is challenging the president’s use of executive power, putting a halt on applications for both programs.

Deferred action is a form of administrative relief from deportation. Through deferred action, The Department of Homeland Security authorizes any non-U.S. citizen(s) to remain in the U.S. temporarily. While under deferred action, such person may apply for temporary work authorization, also known as I-765. If granted deferred action, that person or persons is not considered a permanent citizen, it only allows that person to be considered a citizen for however long granted.

To be eligible for the Deferred Action for Parents of Americans and Lawful Permanent Residents program, the following requirements must be met:

-        Be the parent of a current U.S. citizen or lawful permanent resident

-        Must have continuously lived in the U.S. since January 1, 2010

-        Must have been present in the U.S. on November 20, 2014 (the day the program started)

-        Must not have a lawful immigration status on November 20, 2014

-        Must not have been convicted of criminal defenses of such as felonies, misdemeanors, etc.

To be eligible for the Deferred Action for Childhood Arrivals program, the following requirements must be met:

-        Must have been in the U.S. before your sixteenth birthday

-        Must have continuously lived in the U.S. since January 1, 2010

-        Must have been present in the U.S. on June 15, 2015 and on each day since August 15, 2012

-        Must have graduated or obtained a certificate of completion from high school or obtained a general education development (GED) certificate or be in school on the date deferred action application was submitted

-        Must not have been convicted of certain criminal offenses

To prove your qualifications documents such as financial records, medical records, school records, employment records, and military records must be provided. With that, the United States Citizenship and Immigration Services will conduct a background check in regards to the information you provide as well as the information kept in government databases. However, even if all requirements are met, the Department of Homeland Security still has the final decision whether to grant deferred action.

Currently, the state of Texas has filed a lawsuit that has put DAPA and DACA applications as well as expansion applications on hold, although, the Supreme Court is willing to uphold the president’s programs and set up the DAPA and DACA program to begin enrolling immigrants before a new president is elected into office. This won’t be finalized until the end of June.

Referral Source: For more about deferred action and the parental and children’s program visit the website of the National Immigration Law Center.

Criscione, Ravala & Tabatchouk, LLP represents clients in Immigration and Litigation matters in New York, New Jersey and Florida. Learn more about the firm at www.lawcrt.com or call 1 (800) 583-1780 for a FREE consultation.

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