Deferred Action for Parents of Americans (DAPA): Is It for Me?

As many as twelve million people are in the United States without any valid immigration status. Four million are parents to either American citizens or legal permanent residents. Are you one of them? If so, the Obama Administration’s Deferred Action for Parents of Americans (DAPA) might allow you to legally live and work in the United States.

You should understand the program and if it is right for you.

What Is DAPA?

The dysfunctionality of U.S. immigration law is well documented. Millions of people live in the United States with no valid immigration status or documentation. For these people, the path to obtaining legal permanent residency and eventual citizenship might be decades long or nonexistent entirely. Immigration law is a polarizing political issue. As such, Congress has not passed meaningful immigration reform since 2002, leaving millions in legal limbo.

In light of congressional inaction and to provide some relief to those living in the U.S. without immigration status, President Obama announced the DAPA program in November 2014. Deferred Action for Parents of Americans defers deportation for certain unauthorized immigrants. While DAPA does not confer full legal immigration status, it does provide those eligible with three-year work permits and valid Social Security numbers.

How Do I Know if I Qualify for DAPA?

To be eligible for action under DAPA, a person must meet all of the following criteria:

  • Must have resided in the United States without interruption since January 1, 2010;
  • Must have been physically present in the U.S. on November 20, 2014 (the date the program was announced);
  • Must be physically present in the U.S. when applying for the program;
  • Must have lacked lawful immigration status on November 20, 2014;
  • Must have had (as of November 20, 2014) a child who is either a U.S. citizen or a legal permanent resident; and
  • Must not have been convicted of a felony or certain misdemeanors or be a threat to national security.

When applying for DAPA, you will have to affirmatively prove that you meet the above qualifications. To do that, you should compile supporting documentation that proves each criterion.

  •  Physical Presence – Detail a complete chronological list of all addresses where you have lived since entering the United States. Rental leases, mortgage documentation, phone bills, credit card statements, employment records, etc. can all be used to prove physical presence.
  • Lack of Immigration Status – Prepare a complete and accurate record of your U.S. immigration history. This should include current and expired passports, visas, I-94 admission records, Notices of Action, and any other immigration documentation. You also want to estimate as accurately as possible any dates of entry to and exit from the United States. Additionally, try to recall and document any encounters you had in the past with U.S. immigration officials, consular officers, border agents, immigration judges, etc. You will want to discuss these events with your attorney prior to filing an application for DAPA.
  • Parent/Child Relationship – Collect the birth certificates of your U.S. citizen and legal permanent resident children along with their immigration documentation. Make sure the documentation reflects that you had a child who was born before November 20, 2014, and that that child was either a U.S. citizen or legal permanent resident on that date.
  • Criminal Records – Completely document any run-ins you have had with law enforcement in the United States, in your home country, and anywhere else. This should include documentation for any criminal offenses in which you were questioned, arrested, charged, or convicted. Be sure to include any deferred judgments, expunged cases, plea deals, etc. You should also obtain records of motor vehicle infractions, especially if you have been cited for driving under the influence of drugs or alcohol. You should be certain to disclose and discuss all criminal and serious civil issues with your attorney prior to filing an application for DAPA.

DAPA Does Not Replace Other Forms of Immigration Status

There has been some discussion in immigrant communities about the effect an application for DAPA might have on other pending or potential immigration status. In particular, those with Section 245(i) eligibility who are awaiting current priority dates have considered abandoning those efforts in favor of DAPA.

Generally, DAPA is intended to defer deportation for those who qualify and have no other immigration options.  As noted earlier, DAPA does not confer any official immigration status. Similarly, seeking and receiving DAPA benefits does not preclude pursuit of other legal immigration statuses.

Have Immigration Questions? Bronx Attorney Delmas Costin Has the Answers

Whether you’re applying for a family-based visa, employment visa, or seeking naturalization, Attorney Costin offers the guidance and legal support you need. Call The Law Office of Delmas Costin at (718) 618-0589 to get started.

Frequently Asked Questions

Q1: What is DAPA?
A1: DAPA, which stands for Deferred Action for Parents of Americans, was a program announced by President Obama. It aimed to provide a path for eligible parents of U.S. citizens or legal permanent residents, who were living in the United States without valid immigration status, to legally live and work.

Q2: Who might be eligible for a program like DAPA?
A2: A program like DAPA was generally intended for individuals in the United States without valid immigration status, specifically those who are parents to either American citizens or legal permanent residents. Millions of people fit this description, potentially allowing them to gain legal authorization.

Q3: Why was the DAPA program introduced?
A3: The DAPA program was introduced by President Obama due to the documented dysfunctionality of U.S. immigration law and congressional inaction on reform since 2002. It sought to provide some relief and a more stable path for millions living in legal limbo without immigration status.

Q4: What kind of legal support does D.A. Costin Law offer?
A4: D.A. Costin Law, also known as Bronx Immigration Help, specializes in assisting individuals with complex immigration matters. They help clients understand programs like DAPA and navigate the eligibility requirements, aiming to provide solutions for those seeking valid immigration status in the United States.

Q5: How can I find out if an immigration program is right for me?
A5: Understanding if an immigration program, such as DAPA, aligns with your personal situation requires careful review of its specific criteria. If you are a parent of a U.S. citizen or legal permanent resident without valid status, it’s recommended to consult legal experts to assess your potential eligibility.

Q6: How can I contact D.A. Costin Law for immigration assistance?
A6: You can contact the attorneys at D.A. Costin Law, also referred to as Bronx Immigration Help, to discuss your immigration needs. The firm invites potential clients to reach out today for assistance and guidance, leveraging their expertise in U.S. immigration law.