EXPANSION OF DACA AND THE NEW DAPA

EXECUTIVE ACTIONS ON IMMIGRATION UPDATES (DACA and DAPA)

We have been keeping a close watch on updates to the executive actions on immigration announced by President Obama on November 20, 2014.  Changes regarding DACA are expected to be announced in detail in the next couple of months (February, 2015) and the new DAPA (Deferred Action for Parental Accountability) in May, 2015.

 Please see a summary of the changes and expected effective dates below:

• EXPANDING DACA (DEFERRED ACTION FOR CHILDHOOD ARRIVALS)

o   Removes the upper age restriction for DACA applicants and current DACA recipients seeking renewal;

o   Requires continuous residence in the United States since January 1, 2010, rather than the prior requirement of June 15, 2007; and

o   Extends the deferred action period and employment authorization to 3 years.

USCIS will initiate these new changes approximately 90 days after November 20, 2014 (February, 2015).

• ESTABLISHING DAPA (DEFERRED ACTION FOR PARENTAL ACCOUNTABILITY)

o   Applies to undocumented parents of U.S. citizens or lawful permanent resident children born on or before November 20, 2014 and parents must have continuous residence in the United States since January 1, 2010; and

o   Parent must not be an enforcement priority (include but not limited to national security and public safety threats) for removal from the United States.

USCIS will consider each DAPA application on a case-by-case basis and will begin accept request approximately 180 days after November 20, 2014 (May, 2015).

If you believe that you may be eligible for the anticipated expanded DACA or the new DAPA, you may begin gathering documentation that establishes factors such as:

• Identity;

• Relationship to a U.S. citizen/lawful permanent resident (if applicable); and

• Continuous residence in the United States over the last 5 years or more (if applicable).

Please call us at (404) 890-0372 to discuss your eligibility for immigration benefits and documentation in more detail.