Attention: President Obama Has Announced New Options and Administrative Relief on Immigration

By: Monica Salazar, Immigration Attorney

November 20, 2014, President Obama announced his executive action to resolve the broken immigration system. Among its actions, the President has created a new program of deferred action for parents who have lived in the United States for a minimum of five (5) years and who have children who are citizens or permanent residents. This new program has been called Deferred Action for Parental Accountability (DAPA). The President also announced an expansion of DACA and temporary waivers availability for unlawful presence.

¿What are the new options, benefits, and requirements?

1.  DAPA – Protection from deportation and work permit for parents of citizens or permanent residents. Valid for 3 years and renewable. Applications will be accepted starting May 2015.

Requirements:

·  Have resided continuously in the United States since January 1, 2010;

·  Be mother or father of U.S. citizen or permanent resident that was born on or before November 20, 2014.

·  Have been present in the United States on November 20, 2014.

·  Not have been convicted of certain crimes or involved in illegal activities;

·  Pay a government fee of $465

2.  DACA – Protection from deportation and work permit for those who came to the United States before age of 16 years. DACA is now expanded, valid for 3 years and renewable. Under the new requirements, applications will be accepted starting February 2015.

Requirements:

·  Have entered the United States before turning 16 years of age;

·  Current age does not matter (but must be at least 15 years old to apply);

·  Have resided continuously in the United States since January 1, 2010 until present;

·  Have been present in the United States on June 15, 2012;

·  Be currently enrolled in school o have already completed high school or earned a GED;

·  Not have been convicted of certain crimes or involved in illegal activities;

·  Pay a government fee of $465

3.  Provisional Pardon (I-601A) for unlawful presence - Forgiveness presented within the United States to avoid punishment of 10 years and receive permanent residence.

·  Beginning March 4, 2013, the immediate relatives of U.S. citizens (spouses and children under 21 years of age) who are in the country illegally and need a pardon for unlawful presence, before becoming eligible for permanent residence have been able to receive a resolution at their request for forgiveness before leaving the United States.

·  Forgiveness (I-601A) now also available for: spouses and children (under age 21) of permanent residents. Children over the age of 21 citizens or permanent residents.

Now is the time to educate yourself and find out if you qualify for these new opportunities.

What can I do to prepare?

1.  Save money for the government fee (at least $465) and other expenses.

2.  Gather paperwork to show that you meet requirements.

3.  Gather your criminal records and immigration files.

4.  Consult an immigration attorney or a representative that is properly BIA accredited.

What documents must I gather?

1.  Proof of identity:

·  Passport from your country of origin. Visit your nearest consulate.

·  Identification card from your country of origin such as your Matricula Consular (card issued by the Mexican Consulate)

·  Birth certificate from your country of origin and photo ID

·  Military ID or school ID with a photo

·  Immigration document issued by the United States with your name and photo

2.  Documents showing your relationship with your child who is a permanent resident or U.S. citizen:

·  Birth certificate for your child. If you are the father and your name doesn’t appear on the birth certificate, attempt to correct the record or obtain a ruling from a judge that verifies the parent/child relationship.

·  Copy of your child’s resident card

·  Certificate of naturalization for your child

·  Adoption decree is child is adopted

·  Marriage certificate if your child is a stepson or stepdaughter

Proof of continuous residence in the United States for the last 5 years (from January 1, 2010 to the date of request) and presence in the United States on November 20, 2014:

·  Gather the most documents possible for each year you were here; must contain your name and dates

·  Affidavits from people who can give testimony of your presence (not sufficient by itself alone)

·  Proof of employment: W-2, declarations of taxes, pay stubs, other payment receipts, letter from current employer confirming employment dates

·  Evidence of membership in a group, club, or union

·  Bank statements

·  Medical, dental records

·  Rent receipts, rent leases, or utility bills

·  School records (letters, IDs, grades, etc)

·  Records of any religious organization confirming your participation in a religious ceremony

·  Receipts of money orders for money sent in or out of the country.

  1. Criminal and immigration history:

·  Get documents relating to any contact with the police or law enforcement agencies

·  State criminal records

·  FBI history

·  Court documents

·  Immigration files obtained through the Freedom of Information Act

Beware of scams! Parents still cannot apply for deferred action (DAPA) right now. Remember notaries are not attorneys and are not allowed to give legal advice. There are people who will seek to deceive you and take advantage of you. Avoid becoming a victim of immigration fraud!

Information is still being made available. Refer to reliable sources to learn more.

Consulta Gratis: 208-899-8109