Do I Qualify for Obama’s New Plans? – DAPA, Expanded DACA and Expanded Provisional Waivers

On November 20-21, President Obama spoke to the nation and released a pair of memos that outline a slew of changes to our immigration system that will be implemented.  This blog post focuses on the new executive orders, known as Immigration Accountability Executive Actions, that are most likely to impact my clients.

First, DACA (Deferred Action for Childhood Arrivals) has been expanded.  The current age cap (31 as of the date of the original DACA announcement) has been eliminated and the eligibility cut-off date by which an applicant must have been in the United States will be moved to January 1, 2010.  Work authorization will now be granted for three, instead of two, years.  USCIS estimates it will begin accepting applications under the new program by February 18, 2015.

In summary, to qualify under the new DACA program, an applicant must:

1. Have come to the United States before the age of 16;
2. Have continuously resided in the United States since January 1, 2010;
3. Had no lawful status on June 15, 2012 (I suspect this will be changed to November 20, 2014 but the President has not specifically said so);
4. Be currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and;
5.  Not have been convicted of a felony, significant misdemeanor,or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

If you do qualify for the expanded DACA, you will be given work authorization for 3 years and will not be deported.

Second, the president ordered the creation of an entirely new program, DAPA (Deferred Action for Parental Accountability).  While all the details of the program have yet to be revealed, we do know that in order to qualify under the new DAPA program, an applicant must:

1. Be the parent of a United States Citizen or Lawful Permanent Resident as of November 20, 2014;
2. Have been continuously present in the United States since before January 1, 2010;
3. Be physically present in the United States on November 20, 2014 and are present at the time of requesting DAPA.
4. Pass a criminal background check.

 USCIS estimates it will begin accepting applications under the new  DAPA program by May, 2015.

If you do qualify for DAPA, you will be given work authorization for 3 years and will not be deported.

Third, DHS Secretary Johnson has directed USCIS to expand the I-601A provisional waiver application process. At present, only immediate relatives (spouses and children of U.S. citizens and parents of adult U.S. citizens) who can demonstrate extreme hardship to a U.S. citizen spouse or parent are eligible to apply for a provisional waiver. USCIS will “expand access to the provisional waiver program to all statutorily eligible classes of relatives for whom an immigrant visa is immediately available.” Though details remain to be seen, this would presumably include any family-based preference category beneficiary with an approved I-130 and a current priority date who can demonstrate “extreme hardship” to a citizen or LPR spouse or parent, as set forth under INA §212(a)(9)(B)(v).

This will be done by regulation. No time frame is provided.

While Congressional immigration reform would be ideal, it is clear that this Congress won’t act, so the President did. It is an exciting time and I encourage everyone who is eligible to apply.

If you have any questions about whether you are eligible under the new programs, please call my office. I will give you a free consultation and in the event you choose to hire me, I can always make payment arrangements that will work for new clients.