CALL US TODAY Administrative changes at the Department of Homeland Security (“DHS”) now make it possible for certain qualified individuals to receive deferred action regarding possible deportation proceedings or deportation orders. If you are a parent of a citizen or permanent resident, can prove that you have been residing in the U.S. since January 1, 2010, and have not committed a serious felony or misdemeanor, you may qualify for Deferred Action for Parental Accountability (“DAPA”).
As a Newark DAPA lawyer could explain, DAPA allows individuals whose children are citizens or permanent residents the right to remain temporarily in the U.S. Individuals who qualify for DAPA can also receive employment authorization under deferred action. The work permit and permission to remain in the U.S. will be valid for as long as three years, and individuals can apply for renewal if deferred action is due to expire. Contact an experienced family immigration attorney at The Law Office of Eric M. Mark for a free consultation.
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As a Newark attorney could explain during a consultation meeting, in order to qualify for DAPA, you must meet the following requirements:
- Be a parent of a U.S. citizen or permanent resident
- Have lived in the U.S. since January 1, 2010
- Been present in the U.S. on November 20, 2014
- Plan to remain in the U.S. until you file for DAPA
- Have entered the U.S. without legal documents or have an expired immigration status
- Currently do not have lawful immigrant status
- Have not been convicted of a criminal offense, including a felony or serious misdemeanor, or be considered a “repeat offender”
The government is currently not accepting DAPA applications, but will begin accepting these applications soon. Individuals who believe that they qualify for DAPA should begin preparing to file their application, as some of the documentation may take some time to acquire. A Newark attorney could help with this portion of the DAPA process. Documentation you may require may include:
- Valid identity documents (passport, birth certificate)
- Proof that your child is a citizen/permanent resident (passport, birth certificate, green card)
- Proof that you have been living continuously in the U.S. since January 1, 2010 (utility bills, mortgage, lease agreements, medical bills,
insurance, tax forms, phone bills, credit card forms, school records) OR provide a certified affidavit from individuals who witnessed your presence in the U.S.
A qualified lawyer (abogado de DAPA) can ensure that your documentation will meet USCIS requirements. The Law Office of Eric M. Mark is a lawyer (abodago de acción diferida) who can help people apply for DAPA.
DAPA Restrictions and Limitations
It is important that individuals who have criminal records, those people who have been arrested for anything, anywhere at anytime, or who are concerned about their record seek the advice of a skilled deferred action lawyer (abogado de DAPA). Given the changes that have taken place at Department of Homeland Security and at the U.S. Citizen and Immigration, if you are found to have a criminal record, deportation proceedings can be initiated against you. A Newark DAPA attorney can review your FBI and criminal records with you to determine if you have any history that would preclude you from filing for DAPA or impinge upon your ability to stay in the U.S.
Individuals who have felonies on their records or who have committed three or more misdemeanors may not apply for DAPA, and should not apply for DAPA. Serious misdemeanors will also disqualify an individual from DAPA. Traffic violations and immigration offenses are not included in this disqualification clause. Individuals with domestic violence offenses, a history of committing sexual abuse, or drug distribution or trafficking, should not apply for DAPA. Additionally, if you have been convicted of the unlawful use or possession of a firearm, you should not apply for DAPA. Finally, if you have been convicted of driving while under the influence, you should also not apply for DAPA. Applying for DAPA with a criminal record can potentially put you at risk for deportation. Even individuals with no criminal record might find it prudent to seek the advice of a skilled lawyer.
Why Apply for DAPA?
Deferred action will provide those who qualify with many benefits. For one, you no longer will have to worry about deportation orders or proceedings. Once DAPA is approved, you can file to have DAPA renewed. Secondly, you will be given a valid social security number. In most states, this will afford you the ability to acquire a driver’s license. Additionally, DAPA may qualify you for in-state tuition rates and other benefits. If you are currently being detained or deported, if you qualify for DAPA, you may be able to avoid the consequences of the removal proceedings. Individuals who qualify for DAPA, can apply even if they are facing removal proceedings or deportation.
Finally, unless you have a criminal record, filing for DAPA will not put you at risk of deportation. The information you provide will not be used against you. Of course, if you have been convicted of a crime, it is imperative that you seek the advice of a lawyer prior to applying for DAPA. If you believe you qualify for DAPA because you are the parent of a citizen or permanent resident, have lived in the U.S. since January 1, 2010, and do not have a criminal record, you need a DAPA lawyer (abogado de DAPA) in Newark who can help ensure that you file your application correctly and completely. The Law Office of Eric M. Mark offers individuals experienced and qualified immigration advice. If you meet DAPA requirements, we can help. Contact us today to learn about how you can protect your right to remain in the U.S.
