Raul Ray, Esq.
On November 20, 2014, President Obama announced executive actions that would expand the existing DACA program and create a new program to allow parents of U.S. citizens and permanent residents to remain in the U.S. and work without fear of deportation.
The DACA program would expand the applicant population pool to young people who came to this country before turning 16 years old and have been present since January 1, 2010, and extend the period of DACA and work authorization from two years to three years.
The Deferred Action for Parental Accountability also known as DAPA is a new program that would allow 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 provided that they pass required background checks.
The US Supreme Court heard arguments last week regarding the constitutionality of the Obama’s executive actions on immigration and a decision by the court is expected in the next couple of months.
In this article, I will discuss the requirements for DAPA.
To be eligible for DAPA, undocumented immigrants must prove that:
1. As of November 20, 2014, they are the parent of a son or daughter who is a U.S. citizen or lawful permanent resident;
2. They have continuously resided in the U.S. since before January 1, 2010;
3. They were physically present in the U.S. on November 20, 2014 and at the time of making a request for consideration of deferred action with USCIS;
4. They had no lawful status on November 20, 2014;
5. They are not an enforcement priority under the Policies for the Apprehension, Detention, and Removal of Undocumented Immigrants Memorandum dated November 20, 2014.
Generally speaking, a person will be considered a priority for deportation if he or she poses a threat to national or border security, or public safety, is a gang member, has committed a felony or one misdemeanor considered to be a “significant misdemeanor,” such as domestic violence, sexual abuse, burglary, illegally having or using a gun, selling drugs or driving under the influence, three misdemeanors or has unlawfully entered the United States after January 1, 2014.
To illustrate further, an undocumented parent with a DUI conviction will not be eligible for DAPA because such conviction will considered a significant misdemeanor. In this situation, I highly recommend consulting with an experience immigration attorney as soon as possible about post conviction relief options.
Even though undocumented immigrants are not able to apply for DAPA or prepare an application at the present time, they can start preparing right now by collecting documents that will prove your identity, parental relationship to a U.S. citizen or lawful permanent resident and continuous residence in the United States over the last five years or more.
Sample list of documents to prove your identity:
•Birth certificate accompanied by photo identification
• Any national identity document from your country of origin bearing your photo and/or fingerprint
• Any U.S. government immigration or other document bearing your name and photograph such as:
• Expired visa
• State identification card
• Any school-issued form of identification with photo
• Military identification document with photo
• Sample list of documents to prove that your son or daughter was US citizen or LPR before 11/20/2014
• Foreign birth certificate
• Naturalization certificate
• Certificate of citizenship
• Permanent resident card
• Sample list of documents Proof of continuous residence for every month since January 2010.
• School records
• U.S. Military personnel records
• Income tax returns/tax transcripts
• Pay stubs, W-2 forms
• Employment letter
• Medical insurance
• Doctor visits
• Dental records
• Hospital records
• Rental agreements
• Bank statements
• Credit card records
• Collection notices
• Online purchase receipts
• Money transfer receipts (e.g. Western • • Union, MoneyGram, etc.)
• Religious records
• Marriage certificate
• Divorce certificate
• Children birth certificates
• Children medical records
• Children day care receipts
• Gas utility
• Electric utility
• Phone service
• Car payments
• Car insurance
• Mortgage payment receipts
•Veterinarian records for your pet
• Travel Records
• Dated photographs
•Facebook check-ins, tweets
• Netflix records
• Library card records
• Gym membership records
•Video store records
The above list of documents are provided as samples and not meant to be an inclusive list to prove each DAPA requirement. Other documents not mentioned on the list may be used as well.
Our next article will cover specifically the eligibility requirements for the expanded DACA program announced by President Obama and the supporting documentation needed for the application process.
Follow us for the latest developments concerning the Supreme Court decision on DACA/DAPA For more information please feel free to contact Raul Ray, Attorney at Law, at Law Offices of Raul Ray, (408)279-5793, 1671 The Alameda, Suite 200, San Jose, CA 95126. Email: firstname.lastname@example.org