Because DAPA (Deferred Action for Parental Accountability) is currently under an injunction, and all petitions are considered on a case-by-case basis anyway, we highly recommend that you talk to one of our DAPA immigration lawyers before filing for this protection. Our team is watching the injunction closely and staying atop all developments. We’ll give you the most up-to-date information possible on the status of DAPA, how and when to apply, and discuss any additional options you may have.
We understand how important it is for families to stay together. Let our immigration experts lend a compassionate ear while we guide you through the web of immigration laws to find the best solutions to your most pressing concerns.
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Benefits Of Hiring A DAPA Lawyer
True to U.S. immigration laws, DAPA is granted on a discretionary basis. That means you can’t just complete a form and cross your fingers. A successful DAPA application requires an understanding of the law, particularly the current status of DAPA, as well as the skills to effectively demonstrate that you meet the criteria and qualifications.
Our DAPA immigration lawyers go above and beyond to stay abreast of the most recent rulings and status updates for DAPA and similar programs.
If now is not a good time for you to move forward with a DAPA application, we’ll counsel you on your best options and work with you until we find a way. Our immigration team is passionate about keeping families together and we’ll work passionately for you too.
What is DAPA or Deferred Action for Parental Accountability?
As part of the Dream Act policy initiated by the Obama administration, a companion program to DACA, or Deferred Action for Children Arrivals, was implemented for the parents of lawful US residents or US citizens called DAPA, or Deferred Action for Parental Accountability, on November 20, 2014. These individuals would not be subject to removal proceedings for being in the US unlawfully and would be permitted to apply for employment authorization. As with DACA, this is a matter of prosecutorial discretion based on the individual circumstances of each case. Currently, an injunction on the policy has been placed by a federal judge.
Similar to DACA participants, you are given no legal status but another type of designation called “legal presence” that protects you from being arrested for unlawful presence.
Eligibility for DAPA
If you are the parent of a US citizen or lawful permanent resident, deferred action is possible for 3 years so long as you meet the following criteria:
- the parent of a US citizen or permanent resident of any age as of November 20, 2014
- continuous residence since January 1, 2010 to the present
- in the US on November 20, 2014 and to the present
- you were here illegally on November 20, 2014 or your lawful presence expired before that date
- you were physically present and your status was unlawful when you applied for DAPA
- you are not a gang member
- you have not committed an aggravated felony, 3 misdemeanors or a significant misdemeanor (domestic violence, drug offenses, DUI, gun crimes, robbery, burglary, sex offenses)
- you do not pose a threat to public safety or national security
For any significant misdemeanor not specifically listed, you must not have been sentenced and served 90 days or more. This does not include suspended sentences. In other words, any basis for inadmissibility must be a low priority matter.
You can reapply for DAPA before the 3-years expires. If you do have criminal convictions, it is imperative that you consult with an immigration attorney who can examine your criminal record and properly advise you.
With a DAPA card, you can also apply for a Social Security Number and a work permit or authorization.