Deferred action offers individuals relief from deportation proceedings or deportation orders. Deferred action allows an individual who is not a U.S. citizen to remain in the U.S. temporarily and it also affords individuals the ability to apply for employment authorization. The work permit will be valid for the period an individual is protected under deferred action. Deferred action under DAPA lasts for three years and individuals can renew after three years. In order to qualify for DAPA, individuals must meet certain eligibility requirements. The requirements are as follows:

• Individuals must be a parent of a U.S. citizen or a lawful permanent resident.
• Individuals must have continuously lived in the U.S. since January 1, 2010.
• Individuals must have been present in the U.S. on November 20, 2014.
• Individuals must remain present in the U.S. until the day they intend to file for DAPA.
• Individuals must not have lawful immigrant status. To qualify individuals must either have entered the U.S. without legal documentation or have an expired lawful immigration status.
• Individuals must not have been convicted of criminal offenses including misdemeanors and felonies.

The government will begin accepting applications for DAPA beginning on or about May 20, 2015. Even though this is some time away, it is a good idea to gather required evidence if you believe you qualify for DAPA before this filing date arrives. In order to qualify for DAPA, you will need to have identity documents, and prove your relationship to a U.S. citizen or permanent resident. You will also be required to furnish documentation showing that you were continuously present in the U.S. since January 1, 2010. A DAPA lawyer (abogado de DAPA) can help you gather this documentation and help you file a successful application. The Law Office of Eric M. Mark is a deferred action lawyer (abodago de acción diferida) in Newark, NJ and Jersey City.

What Can I Do To Prepare to File my DAPA Application

In order to file for DAPA, you will be required to show that you resided continuously in the U.S. since January 1, 2010. Individuals who wish to apply for DAPA should gather financial records (lease agreements, phone bills, credit card bills, mortgages), medical records, or school records. Individuals should plan to furnish at least one document to establish physical presence for each year-long period starting on January 1, 2010 to the date of filing. If you do not have documentation, you may need to acquire certified affidavits from people who knew that you were present in the U.S. These individuals may be required to certify that you were physically present during this time.

Individuals will also need to prove that they have a son or daughter who is a U.S. citizen or permanent resident. A birth certificate, passport, or green card will usually be sufficient proof. Individuals may also be required to furnish a criminal history provided by the FBI in order to prove that they are not a threat to national security or U.S. safety. The government will additionally conduct a background check to determine if you qualify. Individuals who have three or more misdemeanors will not qualify. A misdemeanor is a crime for which the maximum punishment is less than one year. Minor traffic offenses will not count as misdemeanors. Significant misdemeanors will disqualify individuals from filing for DAPA.

A significant misdemeanor is:

• Any domestic violence offense
• Sexual abuse
• Unlawful use or possession of a firearm
• Drug distribution or trafficking
• Driving under the influence of drugs or alcohol

If you qualify for DAPA, you may want to seek the legal advice of a deferred action lawyer (abogado de DAPA) in Newark, NJ and Jersey City to ensure that your application meets all required standards.

Benefits of DAPA and Deferred Action

Deferred action will allow qualified individuals to work, stay, and acquire a social security number in the U.S. Individuals will also be able to attain a driver’s license in most states. In certain states, you may also qualify for in-state tuition, though the rules vary from state to state. If you are being currently detained or deported, you can alert authorities to your DAPA status if you believe you qualify. Individuals can still file for DAPA even if they are currently facing removal proceedings or have a final removal order on record.

Finally, many individuals may worry that the information they use to file for DAPA could be used against them to facilitate removal proceedings. The good news is that information furnished for DAPA will not be used to initiate deportation. USCIS will only refer cases for which there is fraud, criminal activity, or if the individual poses a threat to national security or public safety. If you have been convicted of any criminal action, it is strongly advised that you seek the representation and advice of a licensed immigration lawyer before you file your application. Individuals also should understand that DAPA offers only temporary protection. Until comprehensive immigration reform is passed by Congress, individuals will not have a path to citizenship or permanent residency under DAPA.

If you are a parent of a citizen or permanent resident (born before November 14, 2014), can prove continuous residence in the U.S. since January 1, 2010, and are not considered a priority for removal under current law, you may qualify for DAPA. Every DAPA case will be reviewed on a case-by-case basis. All potential applicants should seek the advice of a DAPA lawyer (abogado de DAPA) prior to filing in order to ensure that they meet all requirements, and to verify that their application will be approved. The Law Office of Eric M. Mark offers qualified immigration representation for individuals who meet DAPA requirements. Contact us today. We can help you prepare your documents so that you are ready to file once the government is ready to process applications.