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How to prepare for DACA/DAPA under the President’s Executive Action

What is President Obama’s Executive Action?

It is not a path to permanent residency. It is not a permanent solution. It is not an option for felons, undocumented individuals with criminal histories, inadmissibility issues, and recent border crossers. In fact, recent border crossers will be made a priority for deportation under the order. The order also makes border security a number one priority, increasing the chances of apprehension for recent border crossers. If you commit fraud by knowingly misrepresenting or failing to disclose the facts, you may be subject to prosecution or removal from the United States. Always be truthful and careful when presenting information and documentation to USCIS. Eligible immigrants must demonstrate that they have resided in the United States continuously for a period of at least five years. Only immigrants who have been living in the United States for at least five years are allowed to reap the benefits under the executive action. The order grants eligible individuals a temporary status allowing applicants to remain in the United States legally without fear of deportation.

Eligible individuals must be either:

  • A parent of a U.S. Citizen or lawful permanent resident as of the date of the President’s announcement of November 20, 2014, have been residing in the United States continuously for at least five years (beginning on January 01, 2010), must not be an enforcement priority, and not have inadmissibility issues

OR

  • Individuals who arrived in the United States before turning 16 years old and who can prove that they have continuously resided in the United States for at least five years (beginning on January 01, 2010) regardless of their age today. Applicants must not be an enforcement priority and not have inadmissibility issues.

To be eligible, applicants must meet strict requirements in order to obtain privilege of immunity from deportation and an employment authorization card. In addition to paying the appropriate fees to the Department of Homeland Security, eligible applicants must pass criminal and national security background checks, proving that they do not pose a significant threat to the United States. Eligible applicants will receive their employment authorization cards and are expected to pay their taxes.

When can applicants begin to apply?

BEWARE OF SCAMS!

USCIS will not begin to accept applications until early to mid-2015, however if you believe you are eligible under these guidelines, you can begin gathering documentation that establishes the following:

  • Your Identity;
  • Relationship to a U.S. citizen or lawful permanent resident; and
  • Continuous residence in the United States over the last five years or more.

According to the USCIS website, USCIS expects to begin accepting applications for the:

  • Expanded DACA program, approximately 90 days after the President’s November 20, 2014, announcement; and
  • Deferred action for parents of U.S. citizens and lawful permanent residents (Deferred Action for Parents of Americans and Lawful Permanent Residents) approximately 180 days after the President’s November 20, 2014, announcement.

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Once USCIS releases further information we will continue to inform the public. Please be mindful of scams. Always consult an accredited legal representative for all of your legal questions.

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