Expert answers to your questions about DAPA & DACA

I will be flying from California to Denver next week. I'm not sure if o would need a passport or if I could just fly with my ID ?

Answer:

Spulido, You are able to use your state ID (Driver's License, etc.) or your DACA (work permit, etc.) in order to travel within the United States. Please let me know if you have any additional questions.
Answered by Juan Escalante Mon, 02/08/2016 - 2:27pm
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My husband have two children citizen borned before 2011, without criminal background except that he signed autodeportation in 1994 and re enter the same year and have been in USA since then. He has proof of presence in the country and had filled taxes. Do you think that he qualifies for DAPA?

Answer:

Your husband probably qualifies for DAPA. He must have lived continuously in the U.S. since January 1, 2010, have been the parent of a U.S. citizen or lawful permanent resident on November 20, 2014, and pass background checks. Is reentry after deportation in 1994 doesnt disqualify him from DAPA. However, the Department of Homeland Security has not yet started accepting applications. Please keep an eye on this website for updates on DAPA.
Answered by David Leopold Sat, 02/07/2015 - 7:39am
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I have friends that will qualify for DAPA and DACA. How will Judge Andrew Hanen's ruling to temporarily halt the implementation of DACA and DAPA impact their ability to sign up? What are the next steps for them?

Answer:

Judge Hanen's ruling is disappointing but its only a temporary set back which, I am confident will be reversed. The President's Immigration Actions are solidly legal and will eventually go forward. In the meantime DACA expansion and DAPA will be delayed until the appeals courts review the case. Folks who are planning to apply for DACA or DAPA should continue to collect the necessary documents, save money for the government filing fees and stay informed through reliable immigration resources. IMPORTANTLY, the judge's ruling DOES NOT AFFECT 2012 DACA or its renewal process. If you already have DACA and are set to renew you should do so.
Answered by David Leopold Tue, 02/17/2015 - 11:05am
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Previous answers on this site indicate DACA eligible persons cannot apply for green cards. According to Shusterman.com, and the New York Times, DACA eligibles can apply for Permanent Residency (green cards) after completing Two Years or more toward a bacherlor's degree or higher at an institution of higher learning. The previous information (answers) given here by your attorneys does not indicate this, and could discourage many DACA eligible persons. If the information in the first paragraph is true, please correct the previous answers on this site. Negative information could discourage a lot of young people. This needs to be cleared up. Thank you, and I realize your website is performing a vital service. I appreciate your help. Thank you, Matthew Dyer Bennet

Answer:

Matthew, neither DACA nor DACA+ nor DAPA provide any pathway to a green card or citizenship. Nor is there anything in the deferred action guidance that provides DACA eligibles can apply for lawful status, immigrant or nonimmigrant, after completing 2 years or more toward a bachelor's degree. Perhaps you've misunderstood what you've read on Mr. Shusterman's site and in the NYT.
Answered by David Leopold Sat, 05/30/2015 - 6:04pm
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I have a US Citizen- wife and daughter. Am I able to adjust my status and be sponsored by my wife without having to go back to the Philippines and risk being barred for 10 yrs?

Answer:

DAPA does not make you eligible to adjust status. However, there may be other options. I strongly recommend you seek the advice of a licensed attorney.
Answered by David Leopold Tue, 12/16/2014 - 11:55am
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I translated my legal name of "Jacobo" in Spanish to "Jacob" In English, Ever since the 6th grade. So name in Paychecks all my life/ School records starting after said grade, Bank account/ EVEN MY INCOME TAXES I Believe are under "Jacob" my common english version ALBEIT NOT legal name of "Jacobo" Spanish version... IS THIS GOING TO HAUNT ME GOING INTO THE PAPERWORK/ FILING OF DOCUMENTS?? I AM ABLE TO PRODUCE ALL DOCUMENTS N RECORDS. Since back in d day. L.A. ONLY home I know. However, Having said this... Should I approach WORK/ BANK/ ETC... N START REQUESTING my name b changed from my Common English version I go by ALL MY LIFE, to d Spanish Version which is my name, " Legally". I am hardworking/ TAXPAYING American... I just hope this doesn't become an ISSUE. Praying. Any Advice??? L.A. Native.

Answer:

Based on what you've written I dont see a problem. Many people use English versions of their names. Just be sure you can track your use of the name back.
Answered by David Leopold Sat, 05/30/2015 - 6:20pm
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well . my father is in deportation since May 2004 in Miami Florida. Judge Denise Slavin request evidence for good character of government agency in New York. The evidence from Det. of Port Chester Police in New York come in May 2006. TOO LATE. He hiring several lawyers file 3 motion for reopen and unfortunately was denied. My Father arrive to this country with visa B1- B2 in Miami airport April 5,1986. He is 58 years old half the his life is in this country. I am his son USA Citizen work with Air Force in San Antonio Texas. Her daughter USA Citizen work with Air Force also in North Dakota. My mother ( His wife) is USA Citizen since 2009. my father work with community help children like soccer coach great reputation . Also work with Foundation to Help People. many lawyers steal his money and never give him the solution. All his family is in USA. no more family in his Country Colombia. My grandmother ( his mother) is Resident. His Brother is USA Citizen. mother in law is USA Citizen. His problem start when my father hire of lawyer Jose Orlando Castaneda in 1989 in Port Chester for handle his immigration case . 1990 my father report his lawyer issue with a friend from Colombia about money transaction offer to him. His lawyer recommended DEA Agent. ED Ames. My father help to them to try to arrest the Colombia Guy plus other cases in Port Chester New York. Also DEA agent help my father to apply and get his first authorization employment with immigration in Manhattan New York. 1993 my father move to Fort Davie Florida family reasons. Star to work like manager with Chevron. 1994 back to New York to visit his mother and ask to Det. Ames to help and finish his petition with immigration. Det. Ames interview with him and give some papers and offer help. the same moment another group arrest my father and charge to him with the same evidence the checks that my father give to Det. Ames for the guy of Colombia. Because the guy from Colombia never get arrest. they ask my father declaration in front of grand jury against Colombia Guy, and they promise let to him free. Jose Orlando Castaneda handle the case and explain to my father just accept the offer play guilty for money laundering, no time jail and 5 years probation. without notice the immigration prejudice against him. My father very stress take the opportunity to back to Florida. The sentence was Jan 1995 . Again 1997 my father call Det. Heriberto Collazos ask to him help with immigration issue. Det Collazos said to my father we need to you back to New York because you are violation of probation order. my father ask why? nobody give me any notice. Any way my father back to New York they pay for expenses. And miracle they give credit for the time do not show up, and sent back to continue his probation in Florida. My father still need real help. please. arcegoal@aol.com

Answer:

I'm sorry, but your question is best answered by the attorney who represents your father.
Answered by David Leopold Sat, 05/30/2015 - 6:07pm
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Im Jamaican been here since November 2009,but don't have any proof of being here since but i have a child that's American she's almost 4yrs old and my wife a permanent resident What are my chances, i have proof of being here in late 2010 am i eligible?

Answer:

The government will accept many different forms of proof to show eligibility for the deferred action guidance. This includes things like photographs, receipts, facebook status check-ins, health club check-in logs, rental or mortgage payment checks, etc. It's a good idea to collect any and all documents that show you were in the U.S. before Jan 1, 2010 so that once DAPA moves forward you'll be able to show you meet the physical presence requirement.
Answered by David Leopold Sat, 05/30/2015 - 6:14pm
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To who it may concern: Thank you for taking the time to review my question. Here are the details of my situation; I entered the USA illegally as a child so before DACA I was an undocumented alien. I qualified and applied for DACA and have since renewed my DACA authorization. Thru DACA I applied for Advance Parole and it was granted. I have since left the USA and have returned. I am married to a US citizen and I have a 5 month old baby boy. I would like to know if I can use my reentry through advanced parole to have my husband petition for me and allow me to eventually adjust my status? Thank You, Shawn

Answer:

Generally, a person paroled into the U.S. may qualify for adjustment of status. Whether or not a person qualifies for adjustment depends on the particular circumstances of the applicant's case.
Answered by David Leopold Sat, 04/25/2015 - 7:09pm
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my husband to be 2 years supervisionhis class Ice appointment they told him to buy airline tickets he will be deported he qualify for Obama new law he does not have no criminal record he's married to an American citizen with two American citizen children can they still do. My husband what can I do the lawyer that I hired only did a motion to reopen but it was denied twice

Answer:

If your husband is not an enforcement priority then ICE should not be requiring that he leave the U.S. It's important that you bring your case to the attention of groups like America's Voice at americasvoiceonline.org.
Answered by David Leopold Sat, 05/30/2015 - 6:17pm
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Answer:

Obama has not reformed the immigration system. Only Congress can do that. But the Republican controlled Congress has refused. What President Obama did was to use his lawful authority as president to offer DREAMers and undocumented parents of U.S. citizens and lawful permanent residents an opportunity to apply for a reprieve from deportation on a case-by-case basis. Many studies show that President Obama's deferred action guidance will add billions in tax revenue and help boost the economy. It's also the right thing to do. American families should not have to go to be every night worrying that a loved-one will be deported. So, yes, it's a very good policy for the United States. Hopefully, at some point Congress will do its job and reform the immigration system.
Answered by David Leopold Sat, 05/30/2015 - 6:33pm
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Answer:

State and local identification documents are a matter of state law. Many states do not issue identification for undocumented immigrants. It's best to check with your state or local bureau of motor vehicles for local laws and regulations. If you are granted DACA and employment authorization the Department of Homeland Security will issue you an Employment Authorization Document (EAD) which will include your photo and other information about you and your eligibility for employment. In many states the EAD will permit you to apply for a driver's license or a state ID. However, as stated, the laws are different in each state, so it's best to check with your local bureau of motor vehicles. Please note, it is advisable to seek the advice of a licensed attorney before you contact state, local or federal authorities about your immigration status.
Answered by David Leopold Mon, 01/05/2015 - 1:28pm
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Answer:

The DAPA Guidelines require that applicants have had no lawful immigration status on 11/20/2014.
Answered by David Leopold Sun, 05/10/2015 - 3:32pm
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How will a history of domestic violence impact someone that's applying for DAPA?

Answer:

A conviction for domestic violence will disqualify a person from DACA or DAPA. It will also make them an immigration enforcement priority.
Answered by David Leopold Sat, 04/25/2015 - 7:22pm
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My daughter arrived in US with us (father and mother) in September 2007 with 1 year and 10 months old and never left. We are here since then with expired tourist VISA. She is now 9 years old. Can she apply for DACA? If yes, what is the advantages for her as she is so young and will not work/drive...?? Does me and my wife qualify to any benefit if she apply? Thx a lot

Answer:

No. An applicant must be at least 15 years old to apply for DACA.
Answered by David Leopold Sat, 04/25/2015 - 7:20pm
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Why nobody seem to cares about already deported parents of US citizens? how to allow them to reentry US

Answer:

Deferred action, including DACA and DAPA only apply to undocumented people who have resided in the U.S. continuously since January 1, 2010. They do not apply to people who have already been deported and are outside the U.S.
Answered by David Leopold Thu, 02/12/2015 - 4:06pm
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i have been here since 2003 when i was 18 and have a 5 year old child , I was arrested (no DL) and sent to imnigration court then i signed a volunteer departure on 2010 so i left on oct 7th and came back 2 weeklater am i ok to apply for DAPA?

Answer:

If you entered the U.S. after 01/01/10 you will not be eligible for DAPA.
Answered by David Leopold Sat, 04/25/2015 - 7:29pm
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I was caught crossing the border the first time I tried crossing and was deported.

Answer:

If you otherwise meet the DAPA guidelines, having previously been deported will not disqualify you from DAPA. However, I strongly recommend that you seek the advice of a licensed attorney before applying.
Answered by David Leopold Sun, 05/10/2015 - 3:34pm
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I realize that the Dapa program should have been available on May 19th but it doesn't seem so. So how long will this policy be on stand still before it is available to apply? What is the expected wait time on this you think and will it happen before President Obama term is up?

Answer:

The Republicans have made it their mission to hurt DREAMers and undocumented parents of U.S. citizens and lawful residents. They shopped the country for a judge and found one in Texas they were confident would rule their way and block DAPA and DACA+. This week 2 judges of on the 5th circuit appeals court--both Republican appointees--refused to temporarily lift the hold on DAPA while the full appeal is reviewed by the 5th circuit. A third judge--the only Democratic appointed judge--ruled that DAPA and DACA+ should go forward. There are several important points to understand here. First, this week's ruling was on a motion, not on the final appeal. The result was bad, but the 5th circuit will hear the full appeal on July 10. So the appeal before the 5th circuit court of appeals has not even been heard yet. The Obama administration has committed to fight hard to win the appeal in July. Hopefully when the 5th circuit hears the full appeal they'll do the right thing and let DACA and DAPA go forward. Second, we have to be realisitic about the chance of winning in the 5th circuit. That court is among the most conservative in the country. But if DACA+ and DAPA dont win in the 5th circuit the Obama administration may take the case all the way to the Supreme Court and we will likely win there. Third, even though There are three judges that have ruled against DACA+ and DAPA, it's important to remember that there are 5 judges that have said DACA+ and DAPA are well within the President's authority. These judges include a judge in Washington DC who threw out a similar case against the president's executive actions; 3 judge's in the 5th circuit who threw out a Mississippi's case against DACA and 1 judge this week who disagreed with the 2 other judges and declared that DAPA and DACA+ are legal. So, there is a lot to be hopeful about. As for how long it will take, the answer is "I dont know and I wish I did." I think it's best to assume that we wont get a final answer until next Spring. And while it's true that Obama will be close to the end of his presidency, if Hillary Clinton is elected President I and many others are confident she will continue DACA, DACA+ and DAPA and perhaps even more. So, pleaes dont be discouraged. That's exactly what the Republicans want.
Answered by David Leopold Sat, 05/30/2015 - 6:24pm
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Answer:

Unfortunately, DAPA is on temporary hold because of a court order. However, once the court order is lifted and DAPA applications are accepted for processing you will need to show that you have lived in the U.S. since before 01/01/2010
Answered by David Leopold Sat, 04/25/2015 - 7:23pm
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When can I start applying and where do I start?

Answer:

Update. There is no process in place yet for DAPA. However, the DACA process will begin on 02/18/2014. The USCIS has issued updated instructions and answers to Frequently Asked Questions about the the expanded DACA process. See, http://www.uscis.gov/immigrationaction The DAPA process will begin no later than 05/19/2015 and we are awaiting further instructions from USCIS.
Answered by David Leopold Thu, 02/12/2015 - 11:43am
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meaning ice agents did not review my case and i was deported after my daca applicattion was already submitted

Answer:

The DACA guidelines generally provide that if you qualify to apply for DACA under the guidelines ICE should allow your application to be decided by USCIS before taking enforcement action. However, none of the executive actions give you any rights under the law. Therefore, ICE could deport you even though you might qualify for DACA and even if your applicaton is pending.
Answered by David Leopold Sun, 05/10/2015 - 3:40pm
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Answer:

The DAPA guidelines require that you have been in the U.S. since before 01/01/2010. So, unfortunately, you will not qualify under the DAPA guidelines. However, since you are not an enforcement priority, I recommend that you seek the advice of a licensed attorney who can advise you about your immigration options.
Answered by David Leopold Sat, 04/25/2015 - 6:42pm
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If been approved for dapa, but I'm looking for a better opportunity Is there certain jobs I'm NOT allowed to get..I'm I allowed to get a gun permit to get a job as a Armored guard? Please help answer this question for me ...much appreciated

Answer:

A person with employment authorization is eligible for any jobs except those that require either lawful permanent residency or U.S. citizenship. For example, many government jobs require U.S. citizenship.
Answered by David Leopold Sat, 05/30/2015 - 6:09pm
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In regard to the promised "clarification" of the meaning of "extreme hardship" for the unlawful presence waiver: do we know what range of possibilities the Administration is considering? Is one viable possibility NACARA'S creation of a rebuttal presumption of hardship?

Answer:

There is no requirement that an applicant for DACA/DAPA show "extreme hardship" to a U.S. relative. With respect to "extreme hardship" in general, the immigration executive actions indicated that the rigorous standard currently used to determine "extreme hardship" for unlawful presence and other waivers under the law will be reviewed and possibly reinterpreted. Unfortunately, at this time, we do not know how extreme hardship will be reinterpreted. We are hoping for a family friendly interpretation. Stay tuned.
Answered by David Leopold Fri, 02/06/2015 - 7:17am
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I came to the us in December, 2 months after my 16 birthday but I have a GED diploma and I have been living in the states for more then 10 years my current age is 27.Am I eligible to apply for daca?

Answer:

DACA guidelines require that you came to the U.S. before reaching your 16th birthday.
Answered by David Leopold Sat, 04/25/2015 - 7:12pm
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Answer:

DAPA and DACA expansion have been put on hold by oder of a federal judge in Texas. The case is now on appeal. It's difficult to predict when the case will be resolved. I am hopeful that DAPA and DACA expansion will be on track by the summer.
Answered by David Leopold Sat, 04/25/2015 - 6:44pm
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I have a friend that meets all of the requirements for DAPA. However, when he first arrived to the U.S. he did so by crossing the border where he was detained by Border Patrol officials. Is there any sense from USCIS if people in his position will be able to apply?

Answer:

Having been previously detained by Border Patrol doesn't prevent a person from applying for DAPA assuming they meet the other eligibility guidelines. You can review the DAPA eligiblity guidelines here: http://www.dhs.gov/sites/default/files/publications/14_1120_memo_deferred_action.pdf
Answered by David Leopold Sat, 04/25/2015 - 7:34pm
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I have a family I currently work for who has previous charges of domestic violence. He is currently waiting for court hearing in May regarding deportation. Is he eligible to apply for DACA? He also has 2 children born prior to November 20, 2014, would he be eligible for DAPA? Any feedback is greatly appreciated. Thank you, T.

Answer:

A conviction for domestic violence will disqualify him from both DACA and DAPA. Also, he will be considered an enforcement priority. It is very important that he seek the advice of a licensed immigration attorney before his domestic violence charge is resolved. If he is represented in the domestic violence matter he should make sure that his defense lawyer has consulted with an immigration lawyer who can advise him about the consequences of a domestic violence related conviction.
Answered by David Leopold Sat, 04/25/2015 - 6:45pm
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I would like some information about the future of the waiver for unlawful presence expansion. It was part of November 20 Executive order but I am not sure if it was cut or it will continue. It was suppose to come out about March. Thanks

Answer:

The only part of the November 20, 2014 immigration executive actions affected by the Texas immigration case were DACA expansion and DAPA. No other executive actions, including the expansion of provisional unlawful presence waivers, were included in the Texas order.
Answered by David Leopold Sat, 04/25/2015 - 7:38pm
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I have many friends that may qualify for DAPA but they don't have a lot of money. How much will it cost to apply for DAPA?

Answer:

The details on DAPA have not yet been released, including the cost. However, Deferred Action for Childhood Arrivals (DACA) cost $465 to file, which included an application for employment authorization. I would expect the filing fee to be the same. We'll know for sure once the DAPA details are released, hopefully within the next several weeks. Stay tuned.
Answered by David Leopold Wed, 12/17/2014 - 12:56pm
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What happens next based on the 5/26/15 ruling? I read that Dapa is on hold pending a hearing in the Supreme court. That could happen in July or even later. I read that since we are approaching an election year things get more complicated? What can Dapa parents do? Continue wait? We have problems getting drivers license and employment and with this additional we are in dire straits. We just want an idea of how bad this situation is. We were hopeful until yesterday.

Answer:

The Republicans have made it their mission to hurt DREAMers and undocumented parents of U.S. citizens and lawful residents. They shopped the country for a judge and found one in Texas they were confident would rule their way and block DAPA and DACA+. This week 2 judges of on the 5th circuit appeals court--both Republican appointees--refused to temporarily lift the hold on DAPA while the full appeal is reviewed by the 5th circuit. A third judge--the only Democratic appointed judge--ruled that DAPA and DACA+ should go forward. There are several important points to understand here. First, this week's ruling was on a motion, not on the final appeal. The result was bad, but the 5th circuit will hear the full appeal on July 10. So the appeal before the 5th circuit court of appeals has not even been heard yet. The Obama administration has committed to fight hard to win the appeal in July. Hopefully when the 5th circuit hears the full appeal they'll do the right thing and let DACA and DAPA go forward. Second, we have to be realisitic about the chance of winning in the 5th circuit. That court is among the most conservative in the country. But if DACA+ and DAPA dont win in the 5th circuit the Obama administration may take the case all the way to the Supreme Court and we will likely win there. Third, even though There are three judges that have ruled against DACA+ and DAPA, it's important to remember that there are 5 judges that have said DACA+ and DAPA are well within the President's authority. These judges include a judge in Washington DC who threw out a similar case against the president's executive actions; 3 judge's in the 5th circuit who threw out a Mississippi's case against DACA and 1 judge this week who disagreed with the 2 other judges and declared that DAPA and DACA+ are legal. So, there is alot to be hopeful about. As for how long it will take, the answer is "I dont know and I wish I did." I think it's best to assume that we wont get a final answer until next Spring. And while it's true that Obama will be close to the end of his presidency, if Hillary Clinton is elected President I and many others are confident she will continue DACA, DACA+ and DAPA and perhaps even more. So, pleaes dont be discouraged. That's exactly what the Republicans want.
Answered by David Leopold Sun, 05/31/2015 - 12:01pm
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I just got approved for DACA. I am 19 years old and have continuously lived in the U.S. since I was 5 years old, since 2001. There was a period from when I turned 18 to filing for DACA, about 11 months when I was undocumented. (From turning 18 years old to granted DACA status was 17 months of undocumented status.) My sister is a U.S. citizen. Can my sister apply to adjust my status?

Answer:

DACA is a temporary reprieve from enforcement action. It's not lawful immigration status. Nor does it give you the right to adjust status to lawful permanent residency. If you entered without authorization and/or have not been in lawful immigration status since entering the U.S., you generally cannot adjust your status based on your sister's sponsorship. There are a couple of narrow exceptions to this for people who were sponsored before April 30, 2001 or January 14, 1998. If a petition was filed for you or your parents before either of those dates, you should seek the advice of a licensed attorney who will be able to advise you regarding your options.
Answered by David Leopold Sat, 05/30/2015 - 5:50pm
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We come to America for a tourist visa and we been promise and traffic we run away and go to authorities and manage to file t-visa without a lot of supporting document to support my claim we been denied after my husband driver license expired we are so afraid that we gonna caught and no way find a living and because we cannot drive anymore even one of my kids has a disability but i cant left them so we decide to go back to the Philippines to start over and try to re enter legally without fear.My question is We stay in America for 11 years in good moral no crime or violation and we go home to our own country without deportation can we reapply back to US .

Answer:

DAPA does not make you eligible to adjust status. However, there may be other options. I strongly recommend you seek the advice of a licensed attorney.
Answered by David Leopold Tue, 12/16/2014 - 12:00pm
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Will stepparents qualify for DAPA/any immigration protection? My stepparent has raised me (US Citizen) since the age of 2 and is legally married/has been living with and financially supporting my legal resident mother for over 20 years. He does not have an expired visa/ came through the border. Thanks, I appreciate any guidance you can provide on this subject.

Answer:

The answer to whether step parents of U.S. citizens qualify for DAPA is not yet clear. Step parents are generally recognized as parents under the immigration law. Whether they'll be considered eligible for DAPA will, hopefully, become clear once the courts lift the delay on DAPA.
Answered by David Leopold Sat, 04/25/2015 - 7:35pm
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USCIS states that (FAQ Q-43,44,45) students with duration of status D/S stamp on passport may NOT get benefit unless at SEVIS website (tracks students) is listed as "status" terminated! Well, for DAPA which is to be parallel to DACA - there are individuals came to US decades ago long before SEVIS existed and they r out of status by every lawyer's point of view. Is USCIS going to deport them???!! Isn't it a contradiction on their own policy to go before judge and face deportation ?? Out of status by all definition, parents of US born children, no convictions, lived here over a decade and yet they may face deportation!!! How DAPA is going to help them? HOW ????

Answer:

The details of the DAPA process have not yet been released. You raise a very important issue that should be considered by USCIS once the details of the process are released.
Answered by David Leopold Wed, 12/17/2014 - 12:07pm
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My husband first came to the US when he was 11 years old and graduated form High School. Got voluntary departure in 1999, came back on 2000 illegally and activated the 10 years ban. He's been in the US since 02/2000. We have 4 kids and he his record is clean. Reading the qualifications for Extended DACA and DAPA, it seems he qualify for either one. Which one would be better for him to apply for. Thanks

Answer:

Hi there, Thanks for your question. Your question is very similar to a question that has already been asked and answered: http://dapaquestions.org/question/which-provides-most-benefits-daca-or-dapa Here's what we said: "DACA and DAPA both offer a chance to apply for a temporary reprieve from deportation for an initial 3 year period and employment authorization based on a showing of economic need. They have different eligibility requirements but they both lead to the same exact thing--deferred action. If you qualify for both, the advantage to applying for DACA is that you can apply in a few days--USCIS will begin accepting applications on February 18. The DAPA process is not expected to begin until May 2015."
Answered by Matt Hildreth Thu, 02/12/2015 - 9:55am
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Why is it that the two most important and irrefutable aspects of being legal in the US.................a Social Security number and an EAD does not confer legal status still for DREAMERS? Was President Obama being too careful and too political when he announced DACA back in June 2012? Why can not it confer legal status when other visas like the H1b, J-1, F-1 are considered legal once they have a Social Security number and/or an EAD? I am too confused and bewildered by this statement from DACA: "This does not confer legal status."

Answer:

Only Congress create new immigration status. The president has the authority to prioritize immigration enforcement and defer deportation for a temporary period of time. Work authorization can be granted upon a showin of economic need.
Answered by David Leopold Tue, 12/16/2014 - 12:08pm
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My husband and me have been hear over 28 years but have no children ,are we included in this excective order,my husbands brother is a U.S. citizen.?

Answer:

DAPA only applies to parents of citizens and lawful permanent residents. However, you should seek the advice of a licensed attorney to evaluate your legal options.
Answered by David Leopold Tue, 12/16/2014 - 12:09pm
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After filing DAPA, Could We go to next step for Greencard by presense Immigration Law(example Family base, or LPR by Emploment)?

Answer:

DAPA is a temporary reprieve from deportation. It is not a lawful immigration status. Nor does it give you any rights you didnt already have, including the ability to become a lawful permanent resident (green card)
Answered by David Leopold Sat, 04/25/2015 - 7:33pm
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My husband and I married in January 2005. Since then we have applied for his residency two times. Both times we have been advised by lawyers that he needs to wait for Immigration Reform in order for him not to be affected by the 10 year bar. We have two US born children together (6 yr and 10 yr old). I am a US born citizen. However he has left on two occasions and re-entered illegally both times, once in 2008 and once in February 2014. Both times he was gone minimally for approxamtely 60 days. Both due to his father being ill and final death. Is there an exception to how long an absence is considered a break in countinuous residency? Or is he not qualified due to the leave? Are there any exceptions due to the reason he left was to see his father before death? All in all, do you think he will qualify for DAPA?

Answer:

I don't think your husband will qualify for DAPA. That's because even though he's lived in the United States continuously for many years and is the father of U.S. citizen the fact that he left and returned after January 1, 2014 makes him an immigration enforcement priority and, therefore, ineligible for DAPA. But, since he left because of his father's illness and death, it's a good idea to meet with a licensed attorney who is experienced and qualified to advise him about his immigration options, including deferred action. You can review the immigration enforcement priorities here: http://www.dhs.gov/sites/default/files/publications/14_1120_memo_prosecutorial_discretion.pdf Take a look at Priority 2(c).
Answered by David Leopold Sat, 02/14/2015 - 5:49am
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When will the process start and how will the process be handled? I am an American with an illegal husband and we have 3 kids together! He has been here for 10 years. We have been together for 8 years and married for almost 6. He doesn't have any bills or any thing in his name to prove address. We only have our marriage certificate and kid's birth certificates with his name on them. Can he still qualify? what other documents will he be needing? and does anyone know how much the entire process will cost? Also if approved will he be able to legally work in the United States and obtain a driver's license? any and all information you have would be appreciated! thank you!

Answer:

To be eligible he'll have to show he has been in the US since 01/01/2010; a parent of a US citizen or lawful permanent resident born sometime before 11/20/1; no serious criminal history; if approved he'll be able to apply for employment authorization by showing economic need. The process is expected to start no later than 05/18/2015
Answered by David Leopold Tue, 12/16/2014 - 12:02pm
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I have my work permit that I obtained threw DACA, I have currently been given legal custody of my nephew who is a US citizen and is 6 months old. I have been his caregiver since he was born and have all the legal documentation. Would I be able to get my permanent residence by showing that he has no other relatives that would be able to care for him?

Answer:

Unfortunately no. DACA does not provide basis to apply for a green card.
Answered by David Leopold Sat, 05/30/2015 - 6:28pm
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Answer:

It is expected that individuals granted DAPA may separately apply for a travel document (formally known as advance parole) under certain circumstances. You will not need a lawyer to apply but it is strongly recommended that all potential applicants first seek the advice of an attorney before applying for DACA or DAPA.
Answered by Matt Hildreth Thu, 12/18/2014 - 10:38am
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since i entered after 9/11 i got no paper work accept my marriage certificate in 2008 and my daughter birth certificate?

Answer:

You will not need a passport to apply for DAPA. But you will need to be able to show you have resided in the U.S. continuously since January 1, 2010, were the parent of a U.S. citizen or lawful permanent resident on or before November 20, 2014, and pass background checks.
Answered by David Leopold Tue, 02/10/2015 - 6:22am
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Here’s what else we won:[1] The Deferred Action for Childhood Arrivals (DACA) program will be expanded to people who are older than 30 who came to this country before turning 16 years old and have been present since January 1, 2010. Parents of U.S. citizens and lawful permanent residents who have been present in the country since January 1, 2010 will be able to request deferred action and employment authorization for three years. The “Secure Communities” program will end and immigration officials will target only those who have been convicted of certain serious crimes or who pose a danger to national security.[2] [[[[[[[[[[[ Provisional waivers of unlawful presence will be expanded to include the spouses and sons and daughters of lawful permanent residents and the sons and daughters of U.S. citizens.]]]]]]]]]]] From the Statement above, will a GREEN CARD Holder, able to file for his children above 21 years old ?

Answer:

The fact that you have a green card does not make your son or daughter eligible for DACA or DAPA if they are undocumented. But they may qualify for DACA or DAPA on their own if they meet the eligibility requirements. See, http://www.uscis.gov/immigrationaction#2
Answered by David Leopold Mon, 02/16/2015 - 11:24am
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If you arrived her at age 15 went to school but didnt graduate HS, can you still qualify fro DACA? What if you enroll in a GED program to complete and recieve your GED can you still qualify if you havent finished it before applying?

Answer:

If you didnt graduate high school you can meet the DACA educational requirement if you are currently in school, including current enrollment in a GED program. You do not need to have finished the GED program before applying for DACA.
Answered by David Leopold Wed, 02/04/2015 - 3:23pm
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I qualify for both DACA (I graduated from college) and DAPA (I have two children). Since applicatios for DACA come out first, I'm wondering whether I should apply for it, or wait for applicatios for DAPA to be available. Does one or the other offer more benefits in the long run?

Answer:

DACA and DAPA both offer a chance to apply for a temporary reprieve from deportation for an initial 3 year period and employment authorization based on a showing of economic need. They have different eligibility requirements but they both lead to the same exact thing--deferred action. If you qualify for both, the advantage to applying for DACA is that you can apply in a few days--USCIS will begin accepting applications on February 18. The DAPA process is not expected to begin until May 2015.
Answered by David Leopold Thu, 02/12/2015 - 5:17am
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Under DAPA, will I be able to buy house and how is it gonna roll out if there is no extension of work permits?

Answer:

Neither DACA nor DAPA will affect your eligibility to buy a home in the U.S. The immigration law does not require a noncitizen to have lawful immigration status in the U.S. to buy or own property in the U.S. However, a buyer's immigration status typically arises in the context of obtaining a mortgage. Many banks are reluctant to loan money to individuals who cannot show lawful immigration status. If you do buy a home future cancellation of DACA or DAPA will not affect your ownership rights. However, it's important to understand that neither DACA nor DAPA confer lawful immigration status. Therefore, while you would not lose ownership in your home, you would remain subject to removal from the U.S. The bottom line is that while President Obama has the authority to grant a deportation reprieve, he cannot change the law to provide temporary or permanent immigration status to undocumented immigrants. Only Congress can do that.
Answered by David Leopold Tue, 12/30/2014 - 7:25pm
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im tempted to resend it but I checked with the post office and they received it the next day. I called 4 times already but they don't see anything for my im in Maryland so I sent it to the Chicago lockbox please help me

Answer:

Hi Ivoriangirla27 - Have you heard back from SUCIS regarding your DACA? Please let me know if you have any additional questions. Hope you're doing well. Best, jse
Answered by Juan Escalante Tue, 02/09/2016 - 9:05am
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I know many people that could benefit from DAPA/DACA. Where can I find more information?

Answer:

The executive actions, including the enforcement priorities and DACA/DAPA memoranda are posted on the Department of Homeland Security's website at http://www.dhs.gov/immigration-action. The US Citizenship and Immigration Services also has comprehensive information about the deferred action processes on their website at http://www.uscis.gov/immigrationaction. Please remember, while President Obama announced the broad outlines of the immigration executive actions on November 20, 2014, neither the expanded DACA nor the DAPA processes are in place yet. Be careful not to get scammed.
Answered by David Leopold Sat, 12/27/2014 - 7:50am
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Answer:

If you depart the U.S. without advance parole you will lose your DACA status. The question you are asking is very fact specific and I strongly recommend you seek the advice of a licensed immigration attorney before you travel so you understand the the ramifications of departing the U.S. on a cruise ship.
Answered by David Leopold Sat, 05/30/2015 - 5:53pm
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Answer:

Under the expanded DACA program she should be able to apply. But that program is currently on hold because of the federal court order issued by a Texas judge. Hopefully the DACA expansion and DAPA will be able to move forward in the near future.
Answered by David Leopold Thu, 02/26/2015 - 2:55pm
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Question, If your DACA expired this month of December then you are considered illegal until the new card(s) come in correct? Financially we did not have the money to renew in time therefore my wife's DACA expired 12/02/2014 My wife and I currently live in SouthWest NM, but as you know before leaving anywhere around here you have inspection points left and right - East, West, South, North - literately everywhere. We wanted to visit some family for the holidays, but wanted to know if she can still pass immigration inspection with an expired DACA or should we avoid it by all means? Has anyone tried this?? We are trying to gather all documentation and process everyting, but until then can we pass immigration inspection?

Answer:

DACA does not give anyone lawful immigration status. Rather it provides a DACA recipient with a temporary reprieve from deportation for a period of time--previously 2, now 3 years--during which he or she is considered to be in the U.S. in a period of stay authorized by the Department of Homeland Security. The authorization to remain in the U.S. expires when DACA expires, so it's advisable that your wife consider applying to renew her DACA as soon as possible. She can find detailed information about the renewal process on the USCIS website at http://www.uscis.gov/humanitarian/consideration-deferred-action-childhood-arrivals-process/renew-your-daca. Regarding travel through Customs and Border Protection checkpoints in Southern New Mexico, generally CBP officers have the discretion to arrest, detain and process for removal undocumented immigrants encountered at CBP checkpoints. Therefore, I strongly suggest that your wife renew her DACA prior to traveling. If you or she are worried that she may no longer be eligible for DACA due to changed circumstances since it was first issued, I recommend she first seek the advice of a licensed attorney before filing for her renewal.
Answered by David Leopold Mon, 12/29/2014 - 4:02pm
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I use a no valid number to work in store, can I still qualify for Dapa?

Answer:

Assuming you meet the other DAPA eligibility guidelines, your use of an invalid social security number does not make you ineligible for DAPA. You can review the DAPA eligibility guidelines here: http://www.dhs.gov/sites/default/files/publications/14_1120_memo_deferred_action.pdf
Answered by David Leopold Sat, 04/25/2015 - 7:29pm
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I have a son born after November 20, 2014. I have been in the US since 2000 and was arrested for domestic violence but charges were dropped due to lack of evidence. It was a malicious ex trying to get back at me. Do I qualify for DAPA?

Answer:

To qualify for DAPA you must have been the parent of a U.S. citizen or lawful resident on November 20, 2014. If your child was born after that date you will not qualify.
Answered by David Leopold Fri, 02/06/2015 - 7:41pm
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Will immigrants who qualify for President Obama's program be allowed to go home to their native country to visit family? And if so, how soon? Also, will they need to hire an immigration attorney in order for them to acquire legal status?

Answer:

It is expected that individuals granted DAPA may separately apply for a travel document (formally known as advance parole) under certain circumstances. You will not need a lawyer to apply but it is strongly recommended that all potential applicants first seek the advice of an attorney before applying for DACA or DAPA.
Answered by David Leopold Tue, 12/16/2014 - 12:05pm
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My current passport expire in March 15. 15 and I won't able to renew until June 19 and then takes 40 days to get here. That mean I can apply as soon as the form are available or I will have to wait? Thank you so much for your help.

Answer:

You will not need a valid passport to apply for DAPA. But it's always a good idea to keep a copy of your expiring passport in case you lose it.
Answered by David Leopold Tue, 02/10/2015 - 6:18am
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Hi my brother and my sister are illegible for DACA but the one that presinde obama announced on november 2014. Now my case is different i came to usa on december 15 2009 i graduated from high school in 2013 and i'm currently an student in college that makes a total of 5 consecutive years of school but my only issue is i came here when i was already 16 years old is there anyway i can be ellegible for daca???

Answer:

DACA guidlines requrie that you came to the U.S. before reaching your 16th birthday.
Answered by David Leopold Sat, 04/25/2015 - 7:11pm
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Ok, lets say my husband comes out of hiding to applie for this program and then it ends three years later. What will happen to him after that? We feel that they will deport him because we are about to give them all his information and where to find him.

Answer:

If your husband is eligible to apply for DAPA and is not an immigration enforcement priority, it's highly unlikely that he'll face deportation if he is granted DAPA and the program eventually ends. US Citizenship and Immigration Services (USCIS), the agency which will administer DAPA, answered this question by saying: "Individuals whose cases are deferred pursuant to DACA will not be referred to ICE." (See USCIS' complete answer at: Question 19: http://www.uscis.gov/humanitarian/consideration-deferred-action-childhood-arrivals-process/frequently-asked-questions). It's important to remember that only Congress can change the law. Regardless of DACA, DAPA or any deferred action, undocumented immigrants will always be at risk of deportation. That's why I advise potential applicants to get the advice of a licensed attorney before applying for any immigration benefit.
Answered by David Leopold Sat, 02/21/2015 - 6:33am
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DAPA Qs: All my correspondence shows my PO BOX since 2001, instead of my physical address. Bank Statements, Credit Cards statements, Phone, Light Bills, W2, tax form 1040 etc etc. My child school report shows the physical address and also the house that I rent. Is there any problem? What other doc's I will need. Thank you

Answer:

All these documents will help establish presence in the U.S. however you will still need to provide documents show more direct evidence of presence. It would be helpful if you had some direct documentary evidence of your residence address e.g. lease, mortgage, letters. The USCIS has examples of forms of proof on its website at www.uscis.gov
Answered by David Leopold Tue, 12/16/2014 - 11:52am
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When we are looking to receive first papers and what will happen after 3 years which claims as period for employment authorization? Thanks

Answer:

The DAPA process should begin sometime before 05/19/2015; It is expected that the program will be renewable after 3 years, but since it is discretionary, there is no guarantee that it will be. Legally deferred action is a temporary reprieve with no vested rights or benefits.
Answered by David Leopold Tue, 12/16/2014 - 12:07pm
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I live in a state (GA) that is anti-immigration, when this goes into effect and my spouse is approved will the state be required to issue an ID or drivers license?

Answer:

Drivers licenses are issued by state authorities. Neither DACA nor DAPA require state authorities to issue state identification documents or driver's licenses. The decision whether or not to issue driver's licenses is made on a state by state basis, so it's best to check the rules in your particular jurisdiction.
Answered by David Leopold Wed, 12/17/2014 - 11:30am
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What about expedited removal?

Answer:

Neither DACA or DAPA has any effect on expedited removal. In fact, anyone who attempts entry now or in the future is not eligible for DACA or DAPA and they are a top priority for deportation under the new policies.
Answered by David Leopold Wed, 12/17/2014 - 6:11pm
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Answer:

If you were found delinquent by a juvenile court you are not disqualified from DACA. But if you were convicted in an adult court for a felony you committed as a minor, you will not qualify.
Answered by David Leopold Thu, 03/05/2015 - 3:53pm
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Answer:

I wouldnt worry so much about judges from other states at this point. Right now the decision of the Texas judge is being appealed. That process will probably several weeks, maybe even months. Many immigration experts and scholars from around the country believe that DAPA and DACA + are legal and that the Texas judge's decision was wrong.
Answered by David Leopold Thu, 03/05/2015 - 3:59pm
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If a person has been in the U.S. since 1993 and in 2010 signed voluntarily to leave and were out of the country for 4 months and came back in illegally and have resided in the U.S. since then do they have a chance through DAPA? He has a daughter who is an american citizen (age 16), two other children (ages 21 and 25) who are DACA recipents, and a other son who is a resident (age 27).

Answer:

DAPA will allow parents of U.S. citizens and lawful permanent residents to request deferred action and employment authorization for three (3) years provided they have lived in the United States continuously since January 1, 2010, and pass required background checks. So, if a person does not meet those requirements--he hasnt lived continuously in the U.S. since January 1, 2010--he will not likely qualify for deferred action under DAPA. However, he should seek the advice of a licensed attorney to evaluate whether any other relief, including general deferred action, might be available to him.
Answered by David Leopold Wed, 02/04/2015 - 11:12am
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Answer:

Unfortunately no. DACA+ requires that she have lived continuously in the U.S. since January 1, 2010. However, since she is a low priority for enforcement you may want to have her situation reviewed by a licensed attorney to see what other relief might be available to her.
Answered by David Leopold Thu, 03/05/2015 - 3:47pm
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With dapa will I be eligible to file for advance parole to go see my mom I haven't seen for 15 years. Also if I get advance parole once I leave the country and come back it will be like I never left . So no ban ? Also will my wit be able to adjust my status her and I file for my permanent residency

Answer:

You have asked some very good questions. Unfortunately I cant answer them without knowing the details of your situation. But generally, people who are granted DAPA will also be eligible to apply for Advance Parole so they can travel for business or important personal reasons. The immigration executive actions included a directive that a clear policy be put in place so that the 3 and 10 bars do not apply to people who leave the U.S. on Advance Parole. But leaving the U.S. on Advance Parole always carries risks. It is critical that you have your situation reviewed by a licensed attorney before you depart the U.S. with Advance Parole so that you understand the legal risks and possible consequences.
Answered by David Leopold Wed, 03/04/2015 - 6:00pm
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My sister is US citizen and my parents will become citizens next year. Can I apply for a green card through their petition with my DACA status? I know it'll take a long time but as long as it is lawful under i245 I am willing to proceed. I came to the US before 2000 July So I might be okay under i245?

Answer:

DACA is a form of Deferred Action. It is not lawful immigration status and does not otherwise give you the ability to apply for a green card.
Answered by David Leopold Thu, 03/05/2015 - 3:41pm
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My cousing had a DUI went to court and coplied with all that he was required, would he have a possibility to qualify since his daughter was born in this Country ?

Answer:

People with DUI convictions were generally excluded from DACA and it is expected they will be excluded from DAPA. He should seek the advice of counsel to evaluate his legal options.
Answered by David Leopold Tue, 12/16/2014 - 11:59am
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I was in line for deportation and arrested by ICE, but was able to win support from my congressman Henry Waxman to submit a bill which protected me for 6 years. He retired last November and I have not met the new congressman because I expected DACA to protect me. Now that I cannot submit my paperwork, am I in immediate danger of deportation again?

Answer:

It's important to understand that full protection from deportation can only come when Congress passes a new law and the president signs it. But if you qualify for DACA, DACA+ or DAPA you are probably also not among the undocumented immigrants that are targets for deportation. The President's immigration enforcement priorities remain in place. That means that immigration agents should be chasing down felons, people who threaten our national security and recent border crossers, not immigrants who qualify for DACA, DACA+ or DAPA. If you or someone you know is arrested by immigration agents, it's critical that you contact a licensed attorney immediately. You should also contact groups like America's Voice (americasvoiceonline.org) who work to ensure President Obama keeps his word that there will be consequences for immigration agents who do not follow the enforcement priorities.
Answered by David Leopold Wed, 03/04/2015 - 5:54pm
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Answer:

An estimated 4.5 million undocumented immigrants may qualify.
Answered by David Leopold Thu, 02/26/2015 - 2:19pm
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Me and my fiancee weve been here in the U.S before 2010. The problem is we dont have kids born here. She is ligated already and cant pregnant anymore. We wanna have a baby before but it is impossible since she is ligated. We pay both are taxes every year and obey the law and no criminal background. Since my gf cant have a baby anymore, are we qualify or eligible to the DAPA ?

Answer:

To qualify for DAPA you must have been the parent of a U.S. citizen or lawful permanent resident on November 20, 2014. The other requirements are set forth in a memo issued by DHS Secretary Jeh Johnson on November 20, 2014. You can view those requirements here--> http://www.dhs.gov/sites/default/files/publications/14_1120_memo_deferred_action.pdf. Remember, DAPA and DACA expansion have been temporarily delayed because of an order issued by a federal judge in Texas, so neither process is going forward at the moment. But DAPA and DACA expansion are only two forms of prosecutorial discretion. I strongly recommend that you seek the advice of a licensed attorney who can review your legal options.
Answered by David Leopold Sat, 02/28/2015 - 5:39pm
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Answer:

Unfortunately no. DAPA only applies to undocumented immigrants who have lived in the U.S. continuously since January 1, 2010 and, on November 1, 2014, were the parent of a U.S. citizen or lawful permanent resident.
Answered by David Leopold Thu, 03/05/2015 - 3:38pm
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Would my husband be able to qualify? I am a US citizen he is not. We applied for a Visa but it was denied because he had been here for over a year and left and came back without one. He not here now as we have been waiting out the ten year ban.

Answer:

No DACA/DAPA only apply to qualified individuals present in the U.S.
Answered by David Leopold Tue, 12/16/2014 - 12:06pm
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Do you really think that the new President Repblican or Democrat will take out DACA? Do you think the government will refund the $465 x 12 Million that they already spent?

Answer:

DACA/DAPA are both discretionary processes. A new president could cancel either or both processes. Only Congress can change the law. The government will not refund the $465 if the program is canceled or if your application is denied.
Answered by David Leopold Tue, 12/16/2014 - 11:54am
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Answer:

Among other things, DACA requires that a person be currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States. Currently in school includes an education program assisting students either in obtaining a regular high school diploma or its recognized equivalent under state law (including a certificate of completion, certificate of attendance, or alternate award), or in passing a GED exam or other state-authorized exam (e.g., HiSet or TASC) in the United States. There is nothing to preclude a person who is currently in a GED program, but also detained, from applying for DACA. NOTE: if your husband is detained by ICE, he cannot request DACA from the USCIS. He must identify himself to his ICE case officer explaining he believes his is DACA/DAPA eligible. His case officer should review his case along with the local Office of the Department of Homeland Security Chief Counsel. I strongly advise him to first seek the advice of a licensed attorney BEFORE making any statements to ICE about his personal circumstances.
Answered by David Leopold Fri, 02/06/2015 - 7:05am
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Answer:

To be eligible you'll have to show he has been in the US since 01/01/2010; a parent of a US citizen or lawful permanent resident born sometime before 11/20/1; no serious criminal history; if approved he'll be able to apply for employment authorization by showing economic need. The process is expected to start no later than 05/18/2015
Answered by Matt Hildreth Thu, 12/18/2014 - 11:19am
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I have been in the US since 2001. My husband is US born and so is out son.

Answer:

Yes, as long as the person meets the other requirements for DAPA a false claim to U.S. citizenship will not make that person ineligible for DAPA.
Answered by David Leopold Sat, 04/25/2015 - 7:09pm
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I work for a church located in the heart of the Latino community of Milwaukee. How can I receive the proper training so that I can assist people in applying for the expanded DACA program? Thank you, Bonny A. Lopez

Answer:

Hi Bonny, Check out www.UnitedWeDream.org. They have a list of resources that should have everything you need.
Answered by Matt Hildreth Thu, 12/18/2014 - 9:27am
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I am a US citizen and my husband is undocumented. We have been married 3 years and he has been here 16 years. Why can't he qualify for DAPA?

Answer:

DAPA applies to parents of US citizens or lawful permanent residents; However, since he has been here so long he should seek the advice of a licensed attorney to evaluate his options.
Answered by David Leopold Tue, 12/16/2014 - 11:56am
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We came to the USA in 2007, and now my son is 9 years old. He is attending an Academy Charter school and is in 4th grade.Is he eligible for DACA?

Answer:

It appears your son qualifies under guidelines expanding DACA which go into effect on February 18, 2015: They require an applicant show he or she: Entered the United States before the age of 16; Has lived in the United States continuously since at least January 1, 2010, rather than the prior requirement of June 15, 2007; Are of any age (removes the requirement to have been born since June 15, 1981); and Meets all the other DACA guidelines. See, http://www.uscis.gov/immigrationaction#1
Answered by David Leopold Mon, 02/16/2015 - 11:18am
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Answer:

To be eligible for DACA a immigrant must have arrived in the U.S. before the age of 16. Given that your girlfriend left and returned several times it's best to have her case reviewed by a licensed attorney.
Answered by David Leopold Sat, 04/25/2015 - 6:54pm
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This is from http://www.dhs.gov/immigration-action Expand Provisional Waivers to Spouses and Children of Lawful Permanent Residents The provisional waiver program DHS announced in January 2013 for undocumented spouses and children of U.S. citizens will be expanded to include the spouses and children of lawful permanent residents, as well as the adult children of U.S. citizens and lawful permanent residents. At the same time, we will further clarify the “extreme hardship” standard that must be met to obtain the waiver. I'm asking this question because in one of the previous question was "if a spouse of a US Citizen was eligible for DAPA" and your answer was NO

Answer:

A spouse of a U.S. citizen or lawful permanent resident is not eligible for DAPA on the basis of the marriage. S/he may be eligible if she or he was, on November 20, 2014, the parent of a U.S. citizen or a lawful permanent resident. Provisional waivers for spouses and children of LPRs are part of the executive actions announced in November, but are separate from DAPA. These waivers allow qualified immigrants to apply for a waiver of the 3 or 10 year bar to readmission before they travel abroad to apply for an immigrant visa (green card) at a U.S. consulate overseas. Immigrants granted DAPA get a temporary reprieve from deportation but do not have any path to lawful immigration status or a green card.
Answered by David Leopold Thu, 02/26/2015 - 2:47pm
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Hi, I am an international student under F1 visa since 2008. On 1/1/2010 I was out of the US for a vacation and I was back on 1/4/2010. Later in 2010 i was out of the US for 5 months In 2013 I left US for 8 months and I was back on 03/2014. I am under nonimmigrant status but I have a child born before 11/2014. Counting the time I have been in the US , I have been here for more than 5 years. Please advise if I am eligible to apply for DAPA? My spouse was an international student since 2007 and he left the US on 6/2010. He came back on 3/2014 under visitor visa and currently he is out of status. Would you advise if he is also eligible to apply for DAPA? Thank you!

Answer:

You do not appear to be eligible for DAPA. You can review the eligibility guidelines here: http://www.dhs.gov/sites/default/files/publications/14_1120_memo_deferred_action.pdf
Answered by David Leopold Sat, 04/25/2015 - 7:24pm
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I am currently under Order of Supervision and report to ICE in Salt Lake City UT. They asked me to apply for my passport and other travel documents while I am under Order Of Supervision (i-220b) which was one of the conditions. Now I am nervous what will happen because implementation of DAPA has been put on hold. I qualify for DAPA. I have no criminal record and have been here since 1999. I have to report to local ICE at Salt Lake City, UT on April 16th. Please help.

Answer:

Even though the DAPA guidelines are on hold, if you qualify for DAPA you are also not an enforcement priority. Therefore, you should not be removed/deported from the U.S. If ICE advises you to depart the U.S. or threatens to take you into custody, please contact a licensed attorney immediately. You can also seek assistance or guidance from nonprofit groups. Please keep America's Voice Education Fund advised of any developments in your case.
Answered by David Leopold Sat, 04/25/2015 - 6:38pm
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My name is Daisy and I wanted to know if my mom would qualify for the executive action that president Obama passed. My mom was deported on January 5, 2011. My two brothers and sister are U.S. citizens and my dad is a permanent resident. My mom has been in the United States since 1989. She applied to be a resident but she was deported. Would she qualify for the executive action?

Answer:

No DACA/DAPA only apply to qualified individuals who have continuously resided in the U.S. since January 1, 2010.
Answered by David Leopold Wed, 02/04/2015 - 11:14am
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Would like to know, if the social security number will be sufficient to be able to enroll in the armed forces?

Answer:

Unfortunately, no. DACA recipients are not eligible for U.S. military service.
Answered by David Leopold Thu, 02/26/2015 - 2:48pm
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since i entered usa after 9/11 i dont have many document other than my marriage certificate in2oo7 and my daughter birth certificate?

Answer:

The DAPA process is not yet in place. Nor has the Department of Homeland Security issued specific DAPA application guidelines. However, on its website the USCIS lists a number of documents that can be provided to prove eligibility. The DAPA requirements are different, but I would expect the types of documents required to prove eligibility to be similar. You can view the USCIS DACA page at http://1.usa.gov/1i64USU
Answered by David Leopold Wed, 12/31/2014 - 12:57pm
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We're hearing a lot about lawsuits challenges to DAPA. Can Republicans block the President's immigration action?

Answer:

Republicans will likely do everything they can to end DAPA but I believe the President actions will stay in place. The best way to help ensure that DAPA is around for years to come is to get as many eligible people as possible to sign up. There is always safety in numbers. And despite Republican assertions that executive action on immigration from President Obama would represent an unconstitutional power grab, two new analyses show this assertion is wildly mistaken. A report from the American Immigration Council, “Executive Grants of Temporary Immigration Relief, 1956-Present,” offers an historical breakdown of the pervasive use of executive action by presidents of both parties, noting that President Obama would follow in “a long line of presidents who relied on their executive branch authority to address immigration challenges” if and when he delivers on executive action. Philip Wolgin of the Center for American Progress adds additional context, noting that every single president since Dwight Eisenhower has taken executive action on immigration issues – on 39 different occasions over the past 60 years.
Answered by Matt Hildreth Thu, 12/18/2014 - 1:37am
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So with DACA......... is my son now considered documented?

Answer:

Your son is in an authorized period of stay. While he has a document to show his authorization, he is not considered to be in a lawful immigration status.
Answered by David Leopold Tue, 12/16/2014 - 12:04pm
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Answer:

I would need to know much more before I could advise you. You should have your case reviewed by a licensed immigration attorney.
Answered by David Leopold Sat, 04/25/2015 - 7:38pm
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I need information on the number of people who will come forward as eligible for DAPA under the new executive actions.

Answer:

It's impossible to say how many people qualify under the DAPA guidelines. However, it's estimated that approximately 4.5-5 million people will qualify under the President's Immigration Executive Actions.
Answered by David Leopold Sun, 05/10/2015 - 3:36pm
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As far as justifying why you need a work permit, what counts as financial need? Would hoping to attend college (and pay for tuition, room and board, meal plans, and textbooks), hoping to move out, and trying to help your parents out with expenses qualify as financial need?

Answer:

Generally, to show economic need a person must show that employment is required to meet everyday living expenses for themselves and/or their family. For example, monthly food budget, rent, transportation cost, child care etc. It's advisable to summarize your fixed expenses and provide copies of bills in support of an application for employment authorization.
Answered by David Leopold Sat, 04/25/2015 - 6:56pm
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My husband went to Juarez 06/2010 and was given the inadmissible section 212 for 10 years , well we have a special needs child so my husband came back a few days later, and has been here ever since will he be able to apply for DAPA.

Answer:

Your husband does not appear to be eligible for DAPA since he entered the U.S. after 01/01/10. However, he may not be an immigration enforcement priority because he entered the U.S. before 01/01/2014. He should review his immigration options with a licensed attorney.
Answered by David Leopold Sat, 04/25/2015 - 7:26pm
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I am an American, my wife has a ban for attempting to enter the US by saying she was American. We currently live in United States, have three American kids. We have lived here for over 10 years. Can she still qualify for DAPA?

Answer:

Being subject to the permanent bar for 212a9C does not make you ineligible for DAPA if you meet the other eligiblity guidelines. You can review the DAPA eligiblity guidelines here: http://www.dhs.gov/sites/default/files/publications/14_1120_memo_deferred_action.pdf
Answered by David Leopold Sat, 04/25/2015 - 7:30pm
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Answer:

To qualify for DAPA (Deferred Action for Parents of Americans and Lawful Permanent Residents) you must, on November 20, 2014, have been be parent of a U.S. citizen or lawful permanent resident, have lived in the U.S. continuously since January 1, 2010, and pass required background checks. However, since you have lived in the U.S. a long time, you should seek the advice of a licensed attorney who can evaluate your personal circumstances and advise you regarding your immigration options.
Answered by David Leopold Fri, 02/06/2015 - 6:51am
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Question

Updates??

Hi. I would like to know what has happened with DACA & DAPA? What are the recent updates? How long will it take to run the programs again and for us to be able to apply?

Answer:

The DAPA and DAPA+ programs remain delayed by Judge Andrew Hanen's court order issued in the Republican Texas lawsuit against DAPA and DACA+. The Obama administration has appealed the judge's order to the 5th Circuit Court of Appeals. The administration has also asked Judge Hanen to stay (postpone) his order stopping DAPA/DACA + until the case is finally decided. So, at this point we are waiting for decisions from the courts. In the meantime people cannot apply for DAPA or DACA+ and the programs remain on hold. In the meantime, if you're planning on applying for either program it's a good idea to collect documents showing your eligibility so that when DAPA and DACA+ move forward you'll be ready to apply.
Answered by David Leopold Thu, 03/05/2015 - 3:34pm
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Answer:

The DACA and DAPA guidance is designed to assist the administration in implementing its stated enforcement priorities. Those that qualify for DACA and DAPA are low enforcement priorities. Therefore, whatever happens to DACA and DAPA in the courts should not affect whether or not DACA and DAPA eligibles are deported--they should not be deported regardless of the DACA/DAPA guidance. Obviously, without DACA and DAPA the process of seeking a deportation reprieve will be much more chaotic and confusing. But the result should be the same--a case by case review of individual applicants requests for deferred action.
Answered by David Leopold Sat, 04/25/2015 - 6:55pm
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I already have a working permit with daca. it will expire this October so I need to renew it really soon but in November 2013 i got arrested. I got arrested for battery against a household member but it got dismissed cause the officer didn't make his statement as it should of been done. He arrested me instead of my ex. My ex was the one that hit me. Will this affect my approval?

Answer:

That's impossible to say. DACA, DACA expansion and DAPA are all discretionary. That means that even if you qualify for DACA renewal under the guidelines, you could be denied a DACA extension as a matter of discretion. You should consult with a licensed attorney before applying for an extension.
Answered by David Leopold Sun, 05/10/2015 - 3:40pm
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Answer:

DACA expansion and DAPA are on solid legal ground because they are guidance for the exercise of prosecutorial discretion on a case by case basis. Simply because 26 Republican governors filed a lawsuit in front of a Texas judge doesn't change that.
Answered by David Leopold Sat, 04/25/2015 - 7:39pm
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Would DACA enable some one to apply for professional licenses? eg: state contractors licenses would be a clear example?

Answer:

Quite possibly. It depends on the law of the state in which you are applying. Different states have different requirements so it's worth checking what the licensing rules are in your particular state.
Answered by David Leopold Thu, 02/26/2015 - 2:50pm
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I came to USA in August 2008, and enrolled in a degree program, my wife came in Jan 2013. Our son was born in Jan 2014 in USA, I am on F1 visa (student visa) , wife on F2 (student dependent ) visa. Can we apply for DAPA since it gives at least one of us 3 years to work?

Answer:

You won't qualify to apply for DAPA if you had lawful immigration status on November 20, 2014. You can view all the DAPA requirements on the DHS website-->http://www.dhs.gov/sites/default/files/publications/14_1120_memo_deferred_action.pdf
Answered by David Leopold Thu, 02/26/2015 - 2:40pm
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I'm currently working and attending a university, I need my renewal, I already went for my bio metrics , I'm just waiting

Answer:

In order to continue working you'll need valid employment authorization. It's a good idea to file for your DACA renewal at least 120 days (4 months) before it expires. Since I don't know when you applied to renew, I can't estimate whether or not you'll get your renewal before February 24. If you are worried you might try seeking the assistance of a local congressional office to get information on the status of your renewal application.
Answered by David Leopold Sat, 02/21/2015 - 6:20am
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Suppose,person qualifys for DAPA.Can person's father who is US citizen apply to get permament resident status for his son/daughter then?

Answer:

DAPA doesnt provide any new immigration status or ability to apply for a green card. However, the immigration law is very complex. If person is granted DAPA and has a U.S. citizen parent, it's advisable to speak to a licensed attorney about the particular circumstances and available options.
Answered by David Leopold Thu, 02/26/2015 - 2:57pm
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What can will be done for the people that was left behind like singles or no kids person?

Answer:

To apply for DACA or DAPA you must meet the eligibility requirements. However, if you do not you may still want to have your immigration options evaluated by a licensed attorney.
Answered by David Leopold Tue, 12/16/2014 - 11:58am
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I am 19 and I have a job permit (Consideration Of Differed Action) this year I will make my taxes on 1099 w-9 Form but my boss wants me to change to W-4 Form which turns me into w-2 employee, I know w-2 deducts your money from the check and at the end of the year when you do your taxes you get money back.... but if im not a citizen but i have a Employment Authorization card thanks to DACA, will i get money back or i wont? also I am new to this w-4 form what would be the pros and the cons? or maybe who should i contact to get information? I appreciate any type of help

Answer:

You are subject to the same tax rules as everyone else who lives and works in the U.S. Your best bet is to speak with a tax lawyer or accountant.
Answered by David Leopold Sun, 02/15/2015 - 7:11am
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Ive been in the usa 25 years and have a 2 year old son who was born here in the usa... i've never been arrested nor have any criminal record... i attended school here but didn't graduate do i qualify for dapa?

Answer:

You do not have to show that you have a high school diploma or be enrolled in a degree program to qualify for DAPA. You'll have to show you: have lived in the United States continuously since January 1, 2010; had, on November 20, 2014, a son or daughter who is a U.S. citizen or lawful permanent resident; and are not an enforcement priority for removal from the United States.
Answered by David Leopold Thu, 02/12/2015 - 5:11am
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Answer:

It's hard to say how long it will take the Department of Homeland Security to process DAPA applications. I would plan on a minimum of 3-5 months before you can expect to get an decision. But the processing time could (and probably will) vary. We'll know more once the process gets started in May.
Answered by David Leopold Mon, 02/16/2015 - 11:26am
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I was left behind of this executive action made up by the president. I think thats the end of the line, since the GOP is showing no wish to go to a conference on a definitely immigration bill. This was my last hope to get included in this executive action to have privileges not to be deported. Unfortunately couldn't be this way. I'm wondering if you guys as an immigration advocate group would make a petition to the president to supress a requirement to be 16 y.o. in some cases to qualify for expanded DACA since him did expanded birthday date, so I would qualify if wasn't this requirement in place.

Answer:

Even though you may not qualify to apply for DACA or DAPA there may be other options available to you under the law. I strongly recommend that you seek the advice of a licensed attorney to evaluate your particular case. Regarding changes to DACA or DAPA, it's important to understand that these processes are not new laws or immigration statuses. They are temporary processes designed to implement the president's immigration enforcement priorities. Only Congress can change the law. Hopefully they will overhaul the broken immigration system so that all deserving undocumented immigrants will have an opportunity to earn their way to permanent lawful immigration status.
Answered by David Leopold Sat, 12/27/2014 - 3:47pm
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I was deported on entrance by a customs agent (I have the paperwork) in 1998, I came back without inspection the same year and have being here since. I have 3 USC Children, one with severe disabilities. I am also married to an USC.

Answer:

You should be eligible for DAPA as long as you have lived in the United States continuously since January 1, 2010, and pass required background checks. However, since you reentered after a previous deportation, it's advisable to consult with a licensed attorney before you apply for DAPA.
Answered by David Leopold Fri, 02/06/2015 - 7:39pm
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I was reading in article about " What we won for 2014 " for DACA and one of the things I read on there was Eased Travel Internationally. Is there any way to get a little more clarification on this? I know that now if you are under DACA you can travel internationally if you apply for advance parole and even then you have to have good reasoning as to why you need to leave the country, but this thing say specifically " Eased Travel Restrictions - Easier international travel with Deferred Action " all after Executive Action happened most recently. Thanks!

Answer:

The immigration executive actions direct that the Department of Homeland Security revise the rules to ensure that DACA recipients (and others) who depart the U.S. and return with a valid "advance parole" document will not be subject to the 3 and 10 year bars to readmission to the U.S. or adjustment of status. It's critical to understand that the rules governing travel with Advance Parole are very complicated and regardless of the expected changes, departure with a valid advance parole document can have serious consequences to a person's ability to reenter the U.S. regardless of the Immigration Executive Actions. So it's critical to get advice from a licensed attorney before departing the U.S. on advance parole.
Answered by David Leopold Tue, 02/03/2015 - 6:08am
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Answer:

Neither DACA or DAPA will give you lawful status. If you entered the U.S. without inspection or fraudulently you are are generally not eligible to adjust status in the U.S. However, if you were originally lawfully admitted or paroled into the U.S. and your spouse is a U.S. citizen you may qualify for adjustment of status based on an approved immigrant visa petition. I recommend that you consult with a licensed immigration attorney who can review the facts of your case and give you specific advice.
Answered by David Leopold Sat, 04/25/2015 - 7:24pm
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A district court judge in Texas only has power in his state. How can he shut down DAPA / DACA without jurisdiction over the whole country even if he says so? Why wouldn't the administration just implement it everywhere but in Texas? Why is the administration such a bunch of frady cats? This is first year law school stuff.

Answer:

That's a very good question, and even legal scholars have different views. However, the prevailing view is that the judge has the authority to declare the rights of the parties in cases under his jurisdiction. So, until it's set aside or modified, Judge Hanen's stay has a nationwide affect. However, the legal authority upon which DACA expansion and DAPA are based is solid. Legal scholars are confident that it will be reversed on appeal.
Answered by David Leopold Tue, 02/24/2015 - 4:46pm
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Question

Who is eligible

I got my work authorization card with Daca since 2012. Are my parents eligible for Dapa ? We have lived in USA since 2001.

Answer:

Kovu, As of right now, the DAPA program is held up in the courts. You can learn more about why the delay exists on the following website: http://bit.ly/1F4NDXu That being said, the requirements for DAPA are listed here: http://1.usa.gov/1K4iuYJ Note that your parents are not able to apply for DAPA, should they qualify. Until the courts rule on the current lawsuit blocking DACA/DAPA we don't have a specific date as to when they could begin the application process.
Answered by Juan Escalante Tue, 05/12/2015 - 11:17am
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Answer:

It depends on your case. If your case presents complicating factors--criminal convictions, other adverse factors--it's advisable to review your case with a licensed attorney. Even if your case is straight forward, it's important to remember that DACA and DAPA are guidelines for the exercise of discretion by the immigration agents. So, it's always smart to work with the assistance of a licensed attorney.
Answered by David Leopold Sat, 04/25/2015 - 7:36pm
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I live in Phoenix Az, and i would like to know where could I get help to know what documents am i going to need to apply for DACA. And also the cost for it.

Answer:

USCIS Website: http://www.uscis.gov/humanitarian/consideration-deferred-action-childhood-arrivals-daca
Answered by David Leopold Sat, 04/25/2015 - 7:20pm
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I don't apply for DAPA/DACA as I am by myself, worked and studied hard ... two Master Degrees and a Ph.D. in Education, currently working as a Spanish Teacher. I speak English, Spanish, Portuguese and quite decent French, so highly qualified. My working visa expired and now, just working here and there. I have applied every year to the Visa Lottery: obviously never chosen. Sometimes, I get quite desperate. I am from Chile and my name is Nancy Gomez. A couple of years ago, I even wrote directly to President Obama and the First Lady- separate letters. I never got an answer. Thank you very much, Nancy Gomez, Ph.D.

Answer:

Possibly, but it's impossible to say without more facts. It's advisable for you to consult with a licensed attorney
Answered by David Leopold Sat, 04/25/2015 - 7:12pm
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my husband has been here since 2000 and hes had one DUI and that was in 2002 and there hasnot been any other problems with him. is there a chance that he could quailify for the DAPA Plan

Answer:

It's difficult to stay whether or not you qualify for DAPA without reviewing your conviction record. However, a conviction for driving while intoxicated or under the influence of alcohol or drugs disqualifies a person from DACA and DAPA. It also makes an immigrant an immigration enforcement priority.
Answered by David Leopold Sat, 04/25/2015 - 6:53pm
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I have been stop by police 2 times for driving without license, is this affect my option for eligibility, i have 2 Us born girls and have been in Usa for 14 years without interruption

Answer:

Under DACA conviction for a felony, a significant misdemeanor or 3 misdemeanors make a person ineligible. We expect similar rules to be put in place for DAPA. Without knowing the specifics of your convictions it is not possible to advise whether or not you will be eligible. You should seek the advice of a licensed attorney before you apply for deferred action.
Answered by David Leopold Wed, 12/17/2014 - 6:15pm
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A person that has been in the United States since 1996 with a US born child that was detained by the US border patrol, fingerprinted and sent back to Mexico. However, individual entered right after into the United States and has resided in California since 1996, will that person be able to apply for DAPA?

Answer:

Yes, that person should be eligible to apply for DAPA as long as he/she has lived in the U.S. continuously since January 1, 2010, was the parent of a U.S. citizen or lawful permanent resident on November 20, 2014, and passes criminal background checks.
Answered by David Leopold Thu, 03/05/2015 - 3:50pm
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Question

DACA Application

02/18/2015 My niece and my nephew are been in the USA since 2005 , one is now 18 years old and the other 15 years old can they apply for DACA for first time now, or they have to wait until they open the program again. Thanks, Yolanda

Answer:

As long as they meet the 2012 DACA guidelines they may apply under that program. The guidelines may be found here: http://www.uscis.gov/humanitarian/consideration-deferred-action-childhood-arrivals-daca
Answered by David Leopold Sat, 04/25/2015 - 7:19pm
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My son-in law entered the country illegal and he detained and given a court order but he never show up in court. This happened more than 12 yrs ago he went to talk to a lawyer and the layer told him that he had to check if his order was final or irreversible. He has been married to my daughter and they have 2 children the three of them were borned in USA. No criminal record did not leave the country since he came. Thanks for the information

Answer:

Hi Olgaor, your son-in-law appears to be eligible for DAPA. Under the DAPA guidelines undocumented immigrants who arrived in the U.S. before 01/01/2010 and who were the parent of a U.S. citizen or lawful permanent resident child on 11/20/2014 are eligible to apply. Of course the DAPA guidelines are temporarily on hold because of a decision by a Texas judge. Hopefully the hold will be lifted soon. Since your son-in-law unlawfully reentered after deportation it's probably a good idea for him to have his case reviewed by a licensed attorney before he applies for DAPA or any other immigration benefit.
Answered by David Leopold Sat, 04/25/2015 - 6:40pm
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I have been in the USA since 2003 on F1 student visa. I took one OPT after my graduation and went back to the grad school. I have two USA born children. One born in 2011 and the younger July 2014. My question is : Since i was in lawful status in 2014 canI apply for DAPA? Question 2: if I drop my status and become unlawful resident now will I be eligible for DAPA?

Answer:

The DAPA guidelines require that applicants had no lawful status on 11/20/2014. If you drop your current F-1 status now you will not qualify for DAPA. I strongly recommend that you maintain your lawful immigration status.
Answered by David Leopold Sat, 04/25/2015 - 6:37pm
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Where to get help in Cleveland ohio?

Answer:

The DACA/DAPA application process will be no different if you are currently on an order of supervision. If you think you qualify for DACA or DAPA and are also in the intense supervision or ISAP program you should contact (or have your attorney contact) your ICE Enforcement and Removal Operations officer to request that you be taken off ISAP. Many ICE field offices are placing DACA/DAPA eligible immigrants on less intense supervision while they apply for DACA or DAPA. As always, its very important to first seek the advice of a licensed immigration attorney before contacting ICE and or taking any action that could affect your immigration status. If you are seeking help in the Cleveland, Ohio area you can get a list of licensed lawyers who are members of the American Immigration Lawyers Association at www.aila.org.
Answered by David Leopold Sat, 02/14/2015 - 6:08am
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Answer:

To qualify for DAPA you will have to show that on November 20, 2014 you were the parent of a U.S. citizen or lawful permanent resident. It's not clear yet whether step-parents will be included. However, the immigration law treats step-children the same as biological children for purposes of immigration benefits, so we expect that step-parents will be eligible to apply for DAPA. We'll know for certain once the details of the process are released.
Answered by David Leopold Tue, 02/10/2015 - 6:29am
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I overstayed my J1 visa 4 years ago. I stayed and work in this country all this years. I have my ID, Driving license and my social security card ( my SSC was issued in 2008 in Destin , FLorida when on my first visit to United States and I have been using the same sicne) . I would like to know how does any of this immigration actions will affect us , people who overstayed our J1 visa???? Are we going to be able to receive a new social security card?

Answer:

The immigration executive actions generally require that you have been present in the U.S. since before 01/01/2014. You may qualify to apply for relief depending on your particular circumstances. I recommend that you seek the advice of a licensed attorney who can review your case and advise you about your immigration options.
Answered by David Leopold Sun, 05/10/2015 - 3:44pm
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My husband was denied a visa in 2004 in Juarez, Mex because of overstay and attempt to re-enter without inspection a second time. He was given a 10 year ban with no chance for a waiver. He waited in Mexico for two years and then decided to come back home in 2006. He has not left the USA since then. Does he qualify for DAPA? I'm a US citizen, and we are married and have 2 US born citizen children.

Answer:

DAPA will allows parents of U.S. citizens and lawful permanent residents to request deferred action and employment authorization if they: Have lived in the United States continuously since January 1, 2010; Had, on November 20, 2014, a son or daughter who is a U.S. citizen or lawful permanent resident; and Are not an enforcement priority for removal from the United States, under the November 20, 2014, Policies for the Apprehension, Detention and Removal of Undocumented Immigrants Memorandum. While the details of DAPA have not yet been released, it would appear that your husband will likely qualify to apply for DAPA. The 3/10 year ban on admissiblity to the U.S. does not preclude consideration for DAPA, assuming the person meets the other requirements listed above. As in all cases, it's advisable to first consult with a licensed attorney before applying for DAPA or DACA.
Answered by David Leopold Fri, 02/06/2015 - 6:49am
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My daca expired 2/10/15 and I bought a plane ticket two months ago to go go Puerto Rico. My renewal for my daca was received on December 22 2014. I was wondering if it would affect my chances of getting re approved if I traveled. I hope to hear from you soon thank you.

Answer:

Traveling within the U.S. will not affect your chances of DACA approval. But I would recommend holding off on traveling to Puerto Rico until you are approved. Even though it's part of the U.S. you will likely be inspected by U.S. customs officials upon departure from the Island.
Answered by David Leopold Sat, 02/28/2015 - 5:43pm
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Answer:

Unfortunately no, you are not eligible for DAPA. DAPA requires that you have lived continuously in the U.S. since January 1, 2010. But you may be eligible for other forms of relief from deportation, including general deferred action. I recommend you have your case reviewed by a licensed attorney who can advise you about your legal options.
Answered by David Leopold Thu, 03/05/2015 - 3:44pm
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Under what legal authority specificly does the president bypass the current law on deprtation of illegal immigrant? Please give the written law

Answer:

DAPA and DACA are guidelines on the exercise of discretion. That means they can be canceled or withdrawn at any time and for any reason by President Obama or the next president. That's why it's critical that Congress pass meaningful immigration reform.
Answered by David Leopold Sat, 04/25/2015 - 6:47pm
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Answer:

Processing times for DACA renewals can vary. You can check the status of your case at USCIS.gov
Answered by David Leopold Sun, 05/10/2015 - 3:43pm
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can a person still apply for DACA or DAPA if s/he has used false documents for employment and tax purposes in the past?

Answer:

Yes. Although, it's advisable to review your case with a licensed attorney first.
Answered by David Leopold Sat, 04/25/2015 - 7:37pm
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Answer:

While the the details of the DAPA process have not yet been released, a conviction for driving under the influence is considered a "significant misdemeanor" and prevents consideration for DACA. We expect DUI offenses to similarly preclude consideration for DAPA. Since impaired driving related offenses vary from state to state your husband should review his record with a licensed attorney who can analyze the conviction in his case and advise him as to whether or not it prevents him from consideration for deferred action.
Answered by David Leopold Fri, 02/06/2015 - 6:42am
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Would DACA recepients be able to do investments for example in the Stock market and CD's?? currently you need an social security number to do so..

Answer:

DACA recipients are not precluded from investing in the stock market and CDs.
Answered by David Leopold Thu, 02/26/2015 - 2:52pm
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Answer:

It could take several weeks or even months for the courts to decide the Texas case against DAPA and DACA+ In the meantime, if you qualify for either process you should continue to prepare by collecting the necessary evidence to show you qualify. Also, most people who will qualify for DACA+ or DAPA are not enforcement priorities. That means that they should not be arrested or deported while DACA+ and DAPA are delayed by the court. If you are arrested by immigration officials it's important that you contact a licensed attorney immediately. NOTE: 2012 DACA was limited to those who were under 31 years of age on June 15, 2012, who entered the U.S. before June 15, 2007, and who were under 16 years old when they entered. DACA+ covers all undocumented immigrants who entered the U.S. on or before January 1, 2014 while under the age of 16. DACA + also expanded work authorization to three years rather than two. DAPA applies to undocumented immigrants who entered the U.S. on or before January 1, 2010 and have lived in the U.S. since then; and who, on November 20, 2014, were the parent of a U.S. citizen or lawful permanent resident.
Answered by David Leopold Wed, 03/04/2015 - 5:44pm
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