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Deferred Action for Parental Accountability

Philadelphia Lawyer for Deferred Action For Parental Accountability

On November 20, 2014, President Obama announced that he would take executive actions on the deferral of removal for certain unlawful foreign nationals. The most prominent group of people who will be affected by this plan will be the parents of young United States children or lawful permanent resident children. It appears that the program will be called Deferred Action for Parental Accountability (DAPA). This could affect between 3 and 5 million individuals currently residing in the United States. According to the United States Citizenship and Immigration Services announcement posted here , the following changes to the enforcement of immigration law will be made:

1. Deferred Action for Parental Accountability
If you have been in the United States for the past five years (since January 1 of 2010), and you have a child who was born in the United States or has a green card, your child will be able to apply for you under the Deferred Action for parental Accountability program. You would get work authorization for three years (which may be renewable), a social security number, and the assurance that you will not be deported. However, you would NOT be eligible for a green card, and you would not have a way to become a US citizen under this new program.

2. Expansion of the Deferred Action for Childhood Arrivals (DACA)
Children who came here before turning 16, and have been present in the country since January 1 of 2010 will now be eligible for DACA. Previously, children had to have been present in the United States since 2007. Also, the period of deferral now is 3 years, whereas before it was 2 years. However, DACA recipients are still not eligible for green cards, and they cannot apply for their parents for any benefit.

3. Provisional Waiver expansion
In the future, periods of unlawful presence will be waivable for sons and daughters of US citizens and spouses and sons or daughters of green card holders, whereas currently only spouses and minor children of US citizens qualify.

Additionally, President Obama intends to expedite the visa process for 400,000 holders of advanced degrees.

NOTICE: Obama's immigration law changes have not been implemented yet. No forms have been published, and no one can file anything as of today, November 21, 2014. This article is not legal advice. It is intended only to describe President Obama's speech on November 20, 2014 as well as the information released by the United States Citizenship and Immigration Services. Upon implementation of the program, more details will emerge about the process of application.

This content was written on behalf of Greg Prosmushkin.

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