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Immigrant RightsNationalResources

General Summary of DACA and DAPA

By January 6, 2015 No Comments

Summary of the Obama’s Expanded Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parental Accountability (DAPA) Program*

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On November 20, 2014, the President announced a series of executive actions to help fix our broken immigration system.

DACA EXPANSION – The existing Deferred Action for Childhood Arrivals (DACA) program will be expanded to cover those individuals who entered the U.S. before their sixteenth birthday and have lived continuously in the U.S. since January 1, 2010. People who had previously “aged out” of DACA by being older than age 31 on June 15, 2012, are now eligible to apply, regardless of how old they are now.

Case Example:
Hana Kim came to the United States with her mother in October 1994. Hana was 15 years old when she first arrived in the US. Under the 2012 DACA program, Hana was ineligible to apply because she was too old. Under the new expanded DACA program, she is now eligible to apply for DACA because of the elimination of the age cap.

DAPA – The Deferred Action for Parental Accountability (DAPA) program will allow parents of U.S. citizens and lawful permanent residents (LPRs) who have been present in the country since January 1, 2010 to request deferred action and employment authorization for three years. Criminal background checks must be passed to be eligible.

Case Example:
Yuna Chang came to the U.S on an F-1 visa status in 2000. In 2001, Yuna got pregnant and gave birth to a baby daughter in the U.S. After she had her baby, Yuna fell out of status and became undocumented when her F-1 visa expired. She continuously remained in the U.S. since 2000. Yuna is eligible to apply for DAPA because she is the parent of a U.S. citizen and has been continuously present in the U.S. since January 1, 2010.

PROVISIONAL WAIVERS OF UNLAWFUL PRESENCE EXPANSION – Expanding the use of provisional waivers of unlawful presence to include the spouses and sons and daughters of LPRs and the sons and daughters of U.S. citizens. Certain spouses and children of LPRs, as well as adult children of U.S. citizens, applying for LPR (“green card”) status through a consulate abroad, may be able to receive advanced approval before leaving the U.S. through a waiver process. Spouses of U.S. citizens are currently able to use this process.

Case Example:
Mrs. Lee (age 70) became a U.S. citizen in 2004. After becoming a U.S. citizen, she petitioned for her adult daughter, Mina, to live with her in the U.S. At that time, Mina was visiting the U.S. to take care of Mrs. Lee. However, Mina did not leave the U.S. when her B-1 visitor visa expired in 2005. She overstayed her visa. Under the expansion of the provisional waivers of unlawful presence, Mina is now able to adjust her status and apply for her green card even though she overstayed her visa.

For more information, please visit one of following websites: www.krcla.org, www.chicagokrcc.org, or www.nakasec.org.

*This page will be updated as USCIS releases new information.