How does DAPA affect a person with 10 year ban and re-entry?

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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.

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David Leopold's picture

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.

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