DACA/DAPA Currently On Hold Awaiting Court Decision

Millions of unauthorized immigrants await the decision of the federal court for the expanded deferred action program enacted by President Obama via executive order late last year. Although it has been prevented from taking effect by an injunction granted by a federal judge, the program could eventually provide temporary relief to parents of U.S.born children and other mixed-status family members from deportation.

Children who have been protected under DACA (Deferred Action for Childhood Arrivals) before the injunction have been granted temporary legal status, and President Obama’s new plan, DAPA (Deferred Action for Parents of Americans and Lawful Permanent Residents), would extend that same protection to their parents and other family members.

To be eligible for DAPA, you must:

  • Be a parent of a lawful permanent residents or U.S. citizens
  • Not have been convicted of any felonies and some misdemeanors
  • Not possess lawful immigration status
  • Have lived in the U.S. continuously since January 1, 2010
  • Have been present in the U.S. on November 20, 2014, and every day thereafter until applying for DAPA

To eligible for DACA, you must:

  • Have come to the U.S. prior to your sixteenth birthday
  • Be either enrolled in high school, have completed high school, or have earned a GED certificate
  • Have lived in the U.S. continuously since January 1, 2010
  • Have been present in the U.S. since January 15, 2012, and every day after August 15, 2012
  • Not have been found guilty of certain criminal offenses

Undocumented immigrants currently awaiting the court decision in the U.S. are living in a legal limbo until a decision is reached, and applications for both programs are currently on hold. More information can be found on the USCIS website as it becomes available.

Do you have questions about your immigration status? Contact the New York immigration lawyers at Musa-Obregon & Associates to learn more about how we can help you.

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