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 have been continuously residing in the U.S. since January 1, 2010; and must have passed the required background checks.

The executive action is expanding the categories of undocumented individuals who may apply for provisional waivers.  It 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.

These executive actions have not been implemented yet.  The government will provide guidelines in the coming months.  The guidelines may provide for additional criteria.  Please stay tune and sign up for our eNewsletter for future updates.

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