Deferred Action for Parents of United States Citizens or Permanent Resident Still Not Available
By Aisha N. Chaney of The Law Office of Aisha N. Chaney, PLLC.
There has been a lot of attention recently regarding President Obama’s Executive Action for Deferred Action for Parents of United States Citizens or Permanent Residents (DAPA). Deferred Action for Parents of Americans and Lawful Permanent Residents would allow a person to stay in the country temporarily without fear of deportation and obtain employment authorization. It is important to understand that DAPA is still not in effect. It is important to understand that DAPA is still not in effect.
On February 16, 2015 Judge Andrew Hansen issued a temporary injunction blocking DAPA from going into effect. The Obama administration has appealed the case to the Supreme Court. The Fifth Circuit Court of Appeal requested a 30 day extension—requesting more time to prepare their case. The Supreme Court has denied the request for 30 days but has given an additional 8 days. The Fifth Circuit Court of Appeal must have their response filed by December 29, 2015. The Supreme Court will decide in January 2016 if it will hear President Obama’s Appeal. If the Supreme Court decides to hear the case it will probably occur in June 2016.
The Supreme Court’s decision will determine if DAPA will be available. There are no DAPA applications available at this time. You should not hire an attorney for DAPA unless the Supreme Court grants President Obama’s appeal.
To be eligible for DAPA a person prove that he or she: 1) lived in the United States continuously since January 1, 2010 up to the present time; were physically present in the United States on November 20, 2014; had no lawful status on November 20, 2014; Had a son or daughter who is a U.S. citizen or lawful permanent resident on or before November 20, 2014; and have not been convicted of a felony, significant misdemeanor, or three or more misdemeanors; and does not pose a threat to national security.
If you believe that you are eligible for DAPA you should gather documents that prove: your identity; relationship to U.S. citizen or lawful permanent resident; and your continuous residence in the United States during the last five years or more. These small steps will make you better prepared if DAPA is approved.
