Get Ready to Apply for DAPA Around May 19, 2015 & Expanded DACA Around February 18, 2015!  New Executive Actions on U.S.A. Immigration

The President announced important executive actions on November 20, 2014.

Undocumented parents of U.S. citizens and lawful permanent residents may request deferred action and apply for a 3-year work permit (employment authorization document/EAD) under the Deferred Action for Parental Accountability Program (DAPA). On November 20, 2014, they must be parents of U.S. citizens or lawful permanent residents born on or before November 20, 2014.  Among other things, such parents must also have been continuously residing in the U.S. since January 1, 2010; and must have passed the required background checks.  Eligible applicants should be able to apply for DAPA around May 19, 2015.

Additionally, the executive actions are expanding the categories of undocumented individuals who may apply for provisional waivers.  Provisional waiver is a process for an eligible applicant to apply for approval of waiver of certain time bar prior to departing the U.S. for immigrant-visa consular processing.  The waiver is for time bar that would have been triggered by by departing the U.S. after having certain period of unlawful presence in the U.S.  The expanded provisional waiver is including those who  have resided in the U.S. for at least 180 days; and who are spouses, or sons and daughters of green card holders, or sons and daughters of U.S. citizens.

The executive actions are also expanding DACA eligibility.   DACA is Deferred Action for Childhood Arrivals.  The executive actions are expanding work authorization to 3 years from 2 years; the age requirement to include those born prior to June 15, 1981; the continuing residence to include those residing in the U.S. since January 1, 2010 instead of June 15, 2007.  All other DACA prior requirements must be met.  Eligible applicants should be able to apply for this expanded DACA around February 18, 2015.    The U.S. Citizenship and Immigration Services (USCIS) is already approving work permit/work authorization for 3 years for certain applications for DACA extensions.

These recent executive actions have not yet been implemented.  Applications based on these new executive actions cannot be filed at this time until the anticipated dates above.  The government will provide guidelines in the coming months.  The guidelines may provide additional criteria.  Please stay tune and sign up for our eNews for future updates.

This article is intended for informational purposes only, and should not be relied on as legal advice or attorney-client relationship.

By Aik Wan Kok Fillali, Lawyer USA Immigration Services, at Tiya; Tel: 703-772-8224 & koka at tiyalaw dot com; Direct dial from abroad: 001-703-772-8224; https://www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; https://immigrationresource.net

We represent employers, companies, and individuals and families in green card, citizenship/naturalization, and work visa matters in U.S. Immigration & Nationality Law.  We also have a focus on naturalization and green card cases such as extraordinary ability, national interest waiver, PERM, family, and waiver cases.  Additionally, we focus on temporary visas such as work visas, family visas, nonimmigrant visas, and waiver matters.

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