11/20/2014: Obama's Executive Action Expands Eligibility for Deferred Action and US Immigration Reform.
Contact Our Skilled DREAM Deferred Action Lawyers for Legal Assistance and What it Means to You!
Deferred Action for Parental Accountability (DAPA)
DHS will establish a deferred action program for the unauthorized parents of a U.S. citizen or lawful permanent resident (LPR) child born on or before November 20, 2014. To qualify individuals must have lived in the United States continuously since before January 1, 2010 (more than five years). They must also demonstrate they were in the United States on November 20, 2014 and on the date they apply. Deferred action will be granted for three years. Over four million people are estimated to be eligible to apply for this program. U.S. Citizenship and Immigration Services (USCIS) should be ready to receive DAPA applications within 180 days of the announcement.
Expansion of Deferred Action for Childhood Arrivals (DACA)DHS will expand the pool of DREAMers (people brought to the United States as children) eligible for the DACA program that was first created in June 2012. Under the expanded program, individuals are eligible if they entered the country before January 1, 2010, can demonstrate continuous presence in the United States since then, and were under the age of 16 at the time they entered. When first established, DACA required that individuals be under the age of 31 at the time of application, but the new program has no current age limit.
The expanded DACA program will now grant deferred action for three years.
What is Deferred Action for DREAMers?
What is Deferred Action?
Deferred action is a discretionary determination to defer removal action of an individual as an act of prosecutorial discretion. Deferred action does not confer lawful status upon an individual. In addition, although an individual whose case is deferred will not be considered to be accruing unlawful presence in the United States during the period deferred action is in effect, deferred action does not excuse individuals of any previous or subsequent periods of unlawful presence. Under existing regulations, an individual whose case has been deferred is eligible to receive employment authorization for the period of deferred action, provided he or she can demonstrate “an economic necessity for employment.” DHS can terminate or renew deferred action at any time at the agency’s discretion.
What is Deferred Action for Childhood Arrivals?
On June 15, 2012, the Secretary of Homeland Security announced that
certain people who came to the United States as children and meet
several key guidelines may request consideration of deferred action for a
period of two years, subject to renewal, and would then be eligible for
Individuals who can demonstrate through verifiable documentation that they meet these guidelines will be considered for deferred action. Determinations will be made on a case-by-case basis under the guidelines set forth in the Secretary of Homeland Security’s memorandum.
What about people currently in proceedings?
All individuals who believe they meet the guidelines, including those in removal proceedings, with a final removal order, or with a voluntary departure order (and not in immigration detention), may affirmatively request consideration of deferred action for childhood arrivals through this process.
How much are the application fees?
The total fee for forms I-821D, I-765 and the I-765WS is $465.
Be Aware: NO APPEAL IF DENIED
If your request for Deferred Action is denied, you cannot file a motion to reopen or reconsider and cannot appeal the decision. Do not apply alone! You do not get a second chance. Contact an experienced immigration attorney at Moore Law Group for assistance with filing your application.
What DREAM Deferred Action is NOT
- Dream Deferred Action is NOT the DREAM Act - The DREAM Act law has not been passed by Congress
- Dream Deferred Action is NOT a green card or a path to a green card
- Dream Deferred Action is NOT U.S. citizenship and doesn’t lead to citizenship
Immigration Attorneys -
Richard W. Moore, Jr. and Richard W. Moore
If you feel that this new directive affects you or members of your family, we urge you contact an experienced immigration attorney at Moore Law Group. Call us at 410-825-1790 or toll-free
866-388-1790 to schedule an appointment to discuss your immigration goals, including whether you qualify for deferred action under this new directive, or you can get started by filling out the contact us form on any page.
With our secure online client interface, we can assist your immigration needs from anywhere in the world!
Contact us today to get your DREAM Deferred Action Process started with an experienced immigration lawyer!
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