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.