President Obama's Executive Actions - DAPA & DACA
DAPA -Deferred Action for Parental Accountability
To be implemented by May 2015. President Obama announced that USCIS will create a new deferred action process, for individuals who (1) have a U.S. citizen or LPR son or daughter (of any age) as of November 20, 2014; (2) have been continuously present in the U.S. since before January 1, 2010; and (3) were physically present in the U.S. on November 20, 2014 and are present now. DAPA will be granted for a three-year period.
It is possible that some individuals will be able to get a travel permit after being approved for DAPA and this may help them make a legal entry to the US and be eligible for other forms of relief. We expect that step-children and adopted children will qualify as well as biological children. (Step children – generally the immigrant must marry the parent of the step-child before the child turns 18). We expect that even if someone has deportation or voluntary departure order prior to 1/1/2014, they will still be able to qualify for DAPA – more guidance will follow as soon as we know.
What you should do now:
1. Come and see us or meet with us by phone or skype. This program will have a large response. Meet with us and keep your contact information up to date with our office so that you can file immediately when this program becomes available. We will put you on our e-mail list and send you updates as soon as information is released. We will charge you a consultation fee of $200. This will be credited toward the legal fees for your case if you hire us for DAPA.
2. DO NOT get scammed. Do not hire anyone – attorney or nonattorney to file your application until the application process has been finalized. It is not ethical for an attorney or nonattorney to charge a fee for a process that has not yet been put in place.
3. Save for filing fees and legal fees.
4. Gather the following documents – it will save you time later
a. Proof of physical presence in the US dating back to January 1, 2010 (or the end of 2009 may help us show presence on 1/1/10) – this would include evidence from every year 2010-2015 with your name on it and a US address including things like bills in your name, bank statements, taxes, leases, mortgage, utility bills, insurance, etc. (you also need evidence that you were specifically present on November 20, 2014).
b. Proof of Identity and Nationality – passport, birth certificate, and/or national ID Card
c. Proof that you have US citizen or permanent resident kids – their birth certificates showing your name listed and a copy of their US green card, US birth certificate, US passport, or naturalization certificate
d. Biographic documents – copies of your marriage certificate and/or divorce decree(s)
e. Arrest records and immigration records
DACA - Deferred Action for Childhood Arrivals
Expanded program be implemented by February 2015. Expanded to include those who entered the United States before the age of 16, regardless of how old they are today. Entry date requirement changed from 2007 for old program to January 1, 2010. Still must show currently enrolled in school or have graduated from high school.
Documents Needed for DACA:
2 Passport Photos
Filing fee of $465 to USCIS
PROOF OF IDENTITY
PROOF OF ENTRY DATE
School Records / School ID card
Declarations by those present at time of entry (only those in legal status)
PROOF OF 5 YEARS CONTINUOUS RESIDENCE IN US
Driver’s license or other government issued ID documents
School ID card
Certificates / Awards from school
Tax returns, W-2s, pay stubs from January 2010 to June 2012
Insurance (car / health / home)
Community Service records (from youth groups i.e. Boys/Girls Scouts, or service organizations i.e. Boys and Girls Club)
Sports Records i.e. Little League
Bank account and/or credit card statements from June 2007 to June 2012
House title or lease/rental agreement
Utility bills (gas, water, electricity, phone, etc.)
Memberships (gym, blockbuster, Sam's club, etc.)
Birth certificates of children born in the US
PROOF OF PRESENCE IN THE US ON 6/15/2012
Any receipts for purchases or ATM receipts made on June 15, 2012
Paystub or official time card showing June 15, 2012
Letter from employer(s) attesting to June 15, 2012
Letter from landlord(s) attesting to June 15, 2012
Date-stamped photos taken within the U.S. in an identifiable place
Letter from pastor/priest
Letter from coach
PROOF OF EDUCATION/MILITARY STATUS
High school diploma
Military discharge documents
Proof of school enrollment i.e. current transcript, proof of school registration
PROOF OF CRIMINAL RECORD
All arrest records
All court dispositions
Other immigration documents