When Can One Apply for DAPA and Expanded DACA?

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When Can One Apply for DAPA and Expanded DACA?

DAPA AND EXPANDED DACA UPDATES:  U.S. Supreme Court Decision on the outcome of DAPA and Expanded DACA is likely at the end of June 2016.  U.S. President Barrack Obama announced important executive actions on November 20, 2014, such as DAPA and expanded DACA.  The implementations of DAPA and expanded DACA have been on hold since February 2015 due to a preliminary injunction, supported by 26 states.  The fate of DAPA and expanded DACA will likely be decided at the end of June 2016 when the U.S. Supreme Court renders its decision in United States v. Texas.

WHAT IS DAPA?  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 would have been able to apply for DAPA around May 19, 2015, if it was not blocked by the preliminary injunction.

WHAT IS EXPANDED DACA?  The executive actions were 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 would have been able to apply for this expanded DACA around February 18, 2015, if it was not blocked by the preliminary injunction.   The U.S. Citizenship and Immigration Services (USCIS) had previously approved work permit/work authorization for 3 years for certain applications for DACA extensions.

WHEN CAN ONE APPLY FOR DAPA AND EXPANDED DACA?  DAPA and expanded DACA are still on hold because it has been under litigation.  Eligible applicants may still apply for the original DACA (instead of the expanded DACA).  In February 2015, with the support of 25 other states, a federal District Court in Texas issued a preliminary injunction to block the implementation of DAPA and expanded DACA.  After the 5th Circuit Court of Appeals affirming the preliminary injunction, the U.S. government (President Obama) requested a U.S. Supreme Court review so that the U.S. federal government may proceed with DAPA and expanded DACA.  On January 19, 2016, the U.S. Supreme Court agreed to review the case.  A U.S. Supreme Court decision is likely at the end of June 2016.

The following are some possible outcomes of a U.S. Supreme Court (Court) decision:

  1. If the Court dismisses the case because the Plaintiff states lack standing, the entire case will end, and the injunction blocking DAPA and expanded DACA will be lifted.  This means the U.S. federal government can  implement DAPA and expanded DACA.
  2. The Court may reverse the 5th Circuit Court on a critical legal issue, thereby allowing the U.S. federal government to implement DAPA and expanded DACA if it chooses to.  However, the litigation on DAPA and expanded DACA  may continue.
  3. The Court may affirm the 5th Circuit Court decision, upholding the preliminary injunction blocking DAPA and expanded DACA.  This means, the U.S. federal government cannot move forward with DAPA and expanded DACA.

 

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

Need help with green card, work visas, work permit, sponsoring family, sponsoring employees, sponsoring relatives, hardship waivers, marriage waiver, and cases with USCIS, Department of Labor or immigration? We represent employers, companies, individuals, and families in U.S. Immigration & Nationality Law. Our clients are based nationwide in the U.S. and internationally. We represent diverse immigration cases in naturalization/citizenship, green card, work visas, waivers and other immigration matters. Some of our cases including, but are not limiting to: extraordinary ability; national interest waiver; PERM with U.S. Department of Labor; I-130 for sponsoring relatives and families (child, spouse, brother, sister, stepchild); I-140 for employment; I-485 to adjust status; I-765 work permit/employment authorization; I-131 for international travel and returning to the U.S; I-601 extreme hardship waiver relatives of U.S. citizen or green card holder; I-751 joint filing or waiver; I-212 waiver for deportation or removal order; J waiver; H-1B professional worker/specialty occupation; H-2B temporary worker; L executive, manager and specialized knowledge professional transferring from overseas; E treaty investors/traders; B-1 business visitor to the U.S.; B-2 tourist visiting the U.S.; F-1 student coming to study in the U.S.; consular processing with U.S. consulates; National Visa Centers; filing cases with USCIS; filing cases with U.S. Department of Labor; PERM audit; RFE Request for Evidence; NOID Notice of Intention to Deny; and Immigration Courts.

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