Announced November 20, 2014 — Major Obama Administration immigration changes for parents, DACA children, deportations, bar waivers, border security, and the military. This post focuses on parents.
Immigration relief for parents of children who are either U.S. citizens or Green Card Holders.
- The foreigner must be the parent of a US citizen
- The parenting relationship must exist on November 20, 2014
- That parent has continuously resided in the US since before 2010
- Is illegal in the US on November 20, 2014
- Has no significant criminal convictions
- Is not targeted for deportation under the new guidelines
- Essentially, has good moral character and is deserving of this opportunity.
Deferred Action is essentially limbo, not exactly legal, but not illegal. It does not result in the issuance of a green card. It does not lead to citizenship. The President cannot grant green cards or citizenship. Deferred action means the foreign parent:
- Is very unlikely to be placed in removal proceedings (deportation)
- Can obtain valid work authorization, including a valid Social Security number
- In some instances the parent may be able to obtain international travel privileges to see relatives.
DAPA: Deferred Action for Parental Accountability
DAPA benefits must be renewed every 3 years, or until immigration reform. The USCIS is directed to start receiving DAPA applications no later than May 20, 2015, but it could be sooner. Start preparing now.
Very often, when a foreigner is on deferred action (including DACA DREAMers), we can find a way to help legalize the foreigner and obtain a green card. This can be true for parents who obtain DAP, but also for DACA children. I see some real opportunities for green cards in this policy. Obama does not have the power to grant green cards, but I’ve been a family immigration attorney for 15 years (attorney for 23). When I start working together with the family, I might find some long term benefits you might not expect; not for all, but certainly for some.
It helps to work with an experienced attorney because often the process can lead to other benefits you don’t expect. Each case is different and the attorney can consider your situation and work to improve.
We are offering expert attorney services for reasonable legal fee of $700 in most cases, including work authorization. Please call us for a free consultation.
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Allan Lolly says
Ravi, When did you enter the U.S. on the crewman visa? Changing status once you are illegal typically refers to a U.S. citizen fiancee or spouse. Do you have one? Please contact me separately and I can consider your options o.k.? I handle a large number of C1-D problems. You should see contact info on this page. Thanks, Allan
I was came here by c1d visa. I want to that is anything can I do to change my status? Plz suggest me.
my name is Salma. I came to U.S. with my husband in June 2010. I have two kids born there who are U.S.citizens. I came back with my kids to India due to fear of deportation which one of my friends faced. but my husband is still there continuously from June 2010. are we eligible for DAPA.
Allan Lolly says
Hi Salma, You do not qualify since you left the U.S. However, I may be able to obtain DAPA privileges for your husband and then also I can sometimes roll his status into a green card eventually, but it really depends on his situation. I typically work with families for years until everyone is back together.
What you need is an immigration strategy for the whole family. I need more information. You and your husband are welcome to contact me directly to discuss possibilities. I’ve been an attorney 23 years and have helped more than 12,000 family members obtain benefits. I can assist.
Alma Munoz says
Hello my name is Alma.
My father got a dui back in 2012 he had his DL suspended and completed all the restrictions. He now has his DL and is currently processing court hearings with an immigration attorney. His final hearing is in April where he can appeal again to stay in the US. He has a son who is a US citizen and meets all the other qualifications for deferred action.
Can he apply for DAPA with the DUI? It was his first one he has no other tickets on his record.
Allan Lolly says
I understand your father has a deportation defense attorney. Wouldn’t you normally ask that attorney for assistance with your father’s immigration matters? I am here to help work on cases too. Is it that you want a second opinion? What does your father’s attorney advise? I don’t want to interfere with that relationship.
Although DAPA rules are not yet in place, I suspect that an expungement of the DUI can help avoid a denial of DAPA. This is the rule for DACA cases and I suspect that DAPA privileges will be closely aligned with DACA rules. If you have an interest in working with me on your father’s immigration filings, I would be glad to discuss further off-post. You are welcome to call or email me. Please be sure to summarize this exchange.
Kind regards, Allan