An Update On DAPA

On April 18, 2016, the Supreme Court heard oral arguments regarding President Obama’s executive order from 2014 that’s become known as DAPA (Deferred Action for Parental Accountability).  DAPA is a program that will give parents of US citizens a work permit if they meet the following conditions:

  • Have, as of November 20, 2014, a son or daughter who is a U.S. citizen or lawful permanent resident;
  • Have continuously resided in the U.S. since before January 1, 2010;

  • Were physically present in the U.S. on November 20, 2014 and at the time of making a request for consideration of deferred action with USCIS;

  • Had no lawful status on November 20, 2014;

  • Have not been convicted of any felony or “significant misdemeanor” (which would be domestic violence, DWI, unlawful possession of a gun, drug distribution or trafficking, burglary, or any misdemeanor where the defendant received a 90 day or longer jail sentence.

DAPA was supposed to take effect in May 2015, but it’s been challenged by Republicans and is currently at the Supreme Court, which will issue a decision in June 2016 about whether the program is legal and whether it can be implemented.  I believe there is about a 50% chance that the DAPA program will be allowed to be implemented by the Supreme Court.  If so, I expect the USCIS to begin accepting applications for work permits through the program within a couple of months.  So, those of you out there that are feeling lucky that the program will be begin sometime this summer, here are the documents that you will need to show that you are eligible for DAPA:

  1. Photo ID issued by a state or government (like driver’s license or passport or consular ID card)
  2. Birth certificate.  (f your birth certificate is in Spanish, you do not need a translation.  But if it is in any other language than Spanish, you will need a translation.)
  3. $1,200 ($700 to start plus $100 a month for 5 months)
  4. Birth certificates for all children born in the United States before November 20, 2014 or permanent resident cards for all children that are lawful permanent residents here since before November 20, 2014.
  5. Evidence you have lived in the USA since 2009.  Examples are:
    1. Bank statements.
    2. Paycheck stubs from your job
    3. Federal income tax returns (including W-2 forms if possible)
    4. Any monthly bill you get for your living expenses.
    5. Titles for cars you own or receipts for cars that you bought
    6. Receipts for oil changes to your car.
    7. Grades or transcripts from schools you attended in the USA
    8. Car insurance
    9. Marriage certificate
    10. Any medical records from your doctor or hospital
    11. Traffic tickets
    12. Phone bills
    13. Dentist visit records
    14. Rent receipts for your house or apartment or mortgage documents.
    15. Any other record showing your name and the date.
    16. Expired ID cards like passport or driver’s licenses.

Those of you who decide to try to get your documents together now, keep them in a safe place and keep watching the news.  If you hear that the DAPA program was upheld by the Supreme Court, call me at 512-912-7771 as soon as you have all 5 things from the list above ready.

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