Are spouses of lawful permanent resident eligible for DAPA?

This is from 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


David Leopold's picture

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.

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