Continuous residency in the USA since January 1, 2010?

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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?

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David Leopold's picture

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).

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