Immigration Deferred Action – DAPA and DACA

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President Obama’s executive action on immigration will help millions of undocumented immigrants and their families stay and work in the US.

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DEFERRED ACTION FOR PARENTS (DAPA)

You can qualify if you:

1. Are the parent of a U.S. citizen or lawful permanent resident

2. Have continuously resided in the U.S. since January 1, 2010 to present

3. Were physically present in the U.S. on November 20, 2014 and on the day you file

4. Did not have lawful status on November 20, 2010

5. Have not been convicted of a felony, significant misdemeanor or multiple misdemeanor offenses

ACCEPTANCE DATE FOR APPLICATIONS ANTICIPATED TO BE APPROXIMATELY MAY, 2015

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EXPANSION OF DEFERRED ACTION FOR CHILDHOOD ARRIVALS (DACA)

You can qualify if you:

1. Arrived in the U.S. before your 16th birthday

2. Have continuously resided in the U.S. since January 1, 2010 to present

3. Were physically present in the U.S. on June 15, 2012 and on the day you file

4. Graduated from high school, obtained a GED, or if you are currently enrolled in high school, college or a GED program, or if you were honorably discharged from the U.S. Armed Forces

5. Are 15 years or older

ACCEPTANCE DATE FOR APPLICATIONS ANTICIPATED TO BE APPROXIMATELY FEBRUARY, 2015

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WHAT TYPES OF DOCUMENTS WILL I NEED TO RECEIVE DAPA?

You will need proof of:

1. identity

2. family relationship

3. child’s U.S. citizenship or lawful permanent resident status

4. criminal history, if any

5. presence in U.S.

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WHAT ARE THE BENEFITS OF DEFERRED ACTION?

1. Temporary relief from deportation for 3 years

2. Employment authorization and the ability to receive a social security number and drivers license

3. Possibility of traveling abroad with permission to return to U.S. if advance parole granted prior to travel

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WHAT ARE THE GOVERNMENT’S NEW PRIORITIES FOR DEPORTATION?

1. Threats to national security, border security or public safety

2. Felony conviction(s) or aggravated felony conviction

3. 3 or more misdemeanor convictions

4. 1 or more “significant” misdemeanors (examples: DUI, burglary, domestic abuse, firearms offense, any gang related offense)

5. Deportation order received after January 1, 2014

6. Entered U.S. after January 1, 2014

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WHAT ARE THE CHANGES TO PROVISIONAL WAIVERS?

1. Expanded to include spouses and children of lawful permanent residents (previously limited to spouses and children of U.S. citizens)

2. Proposed expansion of “extreme hardship” standard making it easier to obtain grant of waiver

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Registration will open in the next few months, but you can start preparing today. Contact Antonini & Cohen to set up a consultation and meet directly with an experienced attorney who can answer your questions, confirm that you qualify, and gather your information for registration. Call 404-850-9394 or click here to schedule your appointment.

Click here for a PDF version of this summary.

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