Deferred Action for Parents (DAPA)
Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) is an executive order by the President of the United States that would grant deferred action to parents of undocumented immigrants who have lived in the United States, and who have children who are either American citizens or lawful permanent residents (Green Card Holders).
As of June 23, 2016, there is no law on the books for Deferred Action for Parents of Americans and Lawful Permanent Residents, as the Supreme Court could not make a positive decision on this matter. The below is information on this law, as it hopefully makes its way back to Congress or the Supreme Court, and would become law in 2017.
It is important to understand Deferred Action is not a path to a Green Card or Naturalization, it simply offers a three-year work permit, and exemption from deportation for parents.
As of February 2015, the Migration Policy Institute estimated that about 3.7 million undocumented immigrants would be eligible for DAPA. Furthermore, when looking at Deferred Action for Childhood Arrivals (DACA), and DAPA together, more than 10 million people would benefit. DACA is currently good law, and more information about DACA can be found on our website.
To be eligible for DAPA, you must:
- Have lived in the United States without interruption since 1/1/2010;
- Have physically been present in the United States on 11/20/2014 (the date this program was announced);
- Have lacked lawful immigration status on 11/20/14 (the date this program was announced);
- Have had a child who is a United States citizen or a lawful permanent resident on 11/20/14 (the date this program was announced);
- Be physically present in the United States when applying to the program; and
- Not have been convicted of a felony, certain types of misdemeanors, nor post a threat to national security.