DACA and DAPA


Gulf Coast Immigration represents and advises individual clients through the DACA and DAPA proceedings.


Deferred Action for Childhood Arrivals (“DACA”) and Deferred Action for Parental Accountability (“DAPA”) are prosecutorial discretion programs administered by USCIS that provides temporary relief from deportation (deferred action) and work authorization.

 

DACA is a temporary immigration status for certain young people brought to the United States as children—often called “DREAMers who typically lack other means of obtaining the right to remain in the United States.  While DACA does not provide an legalization process, it allows those who qualify to receive three years of protection against removal or the initiation of removal proceedings and three years of employment authorization.

 

On November 20, 2014, the President Executive Action modified the DACA program.  Now to be eligible, the applicant 1) must be born prior to June 15, 1981; and 2) have been present in the U.S. since January 1, 2010. Previously, applicants needed to be under the age of 31 on June 15, 2012, and to have resided here continuously since June 15, 2007.

 

Additionally, the applicant currently must be in school, graduated or have a GED, or honorably discharged from the U.S. Coast Guard or Armed Forces; and must not have been convicted of a felony, a significant misdemeanor, multiple minor misdemeanors or otherwise pose a threat to national security or public safety. Persons who are eligible to receive Deferred Action also will be eligible to apply for work authorization. Family members who do not independently qualify will not receive Deferred Action pursuant to this process. 

 

Additionally, the applicant currently must be in school, graduated or have a GED, or honorably discharged from the U.S. Coast Guard or Armed Forces; and must not have been convicted of a felony, a significant misdemeanor, multiple minor misdemeanors or otherwise pose a threat to national security or public safety. Persons who are eligible to receive Deferred Action also will be eligible to apply for work authorization. Family members who do not independently qualify will not receive Deferred Action pursuant to this process.  DACA is a case-by-case discretionary act on the part of the USCIS and may be terminated at any time and the status is subject to renewal.

 

DAPA is a temporary immigration status for unauthorized parents of U.S. citizens or Lawful Permanent Residents(LPRs). The DAPA program is similar to the DACA program in some respects, however, the eligibility criteria are distinct. To be eligible, the applicant must 1) have a U.S. citizen or LPR son or daughter as of November 20, 2014; 2) have continuously resided in the United States since before January 1, 2010; 3) are physically present in the United States on November 20, 2014, and at the time of applying; 4) have no lawful immigration status on November 20, 2014; 5) are not an individuals with a wide range of criminal convictions (including certain misdemeanors), 6) present no other factors that would render a grant of deferred action inappropriate; and 7) pass a background check. DAPA is a case-by-case discretionary act on the part of the USCIS and may be terminated at any time and the status is subject to renewal.

 

Please Contact GCI more information on eligibility and the process.