DAPA lawyer Miami

You are here: Home » DAPA lawyer Miami

Some recent administrative changes at the Department of Homeland Security allow eligible individuals to receive deferred action concerning possible deportation orders or deportation proceedings. Millions of young immigrants don’t have “papers” and without them they face many obstacles when trying to go to college or work. A qualified DAPA lawyer Miami can help you file the proper documentation to prove your qualifications and make sure it meets USCIS requirements. Individuals who have criminal records may disqualify. Ask a DAPA lawyer Miami about your chances of qualifying. A DAPA lawyer Miami can verify that your application will not put you at risk of deportation.

Deferred action for parental accountability (DAPA)

Deferred action is an exercise of prosecutorial discretion providing temporary relief from deportation or currently known as “removal proceedings” and employment eligibility as well to the undocumented parents of United States citizens or lawful permanent residents. This initiative was announced on November 20, 2014 as part of other immigration administrative reforms. A deferred action doesn’t affect the individual’s current immigration status and it cannot be used to become eligible for immigration benefits requiring maintaining a lawful status.

What you should know about DAPA?

DAPA stand for Deferred Action for Parental Accountability. The program, announced in 2014, helps parents who qualify to apply and be granted deferred action, which means that during approximately three years the individual is not a priority for deportation. A grant of DAPA will also allow the applicant to qualify for employment authorization in the United States.

Who may or may not qualify for the DAPA program?

The DAPA Immigration program is open to individuals who:

  • Have a permanent resident or USA citizen son or daughter after November 20, 2014.
  • Have resided in US since at least January 1, 2010.
  • Are currently present in the USA on Nov 20, 2014 at the time of applying.
  • They are not an enforcement priority: This means individuals who have several criminal convictions, which may include unlawfully entrants, terrorism, gang involvement, and some other immigration law violations.
  • Pass a background check.
  • Have other issues that will render deferred action inappropriate.

Individuals who are considered an enforcement priority may not qualify. Somebody is considered enforcement priority if:

DAPA program
  • He or she poses a threat to public safety, border security, and national security.
  • He or she is a gang member.
  • The individual has committed a felony.
  • The person committed a significant misdemeanor such as domestic violence, illegal gun possession, sexual abuse, selling drugs, and DUI.
  • He or she has unlawfully entered USA after January 1, 2014.

DAPA application forms (Form I-821P) and required documents

In order to prepare you can start gathering the necessary documentation:

  • Get proof of presence in the US on November 20, 2014. Some examples may include records from doctor’s office, a dated bank statement, or other dated proof.
  • Get proof that your child is a resident or United States citizen. Some examples may include green card, Naturalization Certificate, Birth Certificate, Passport, etc.
  • Have proof of relationship to your US citizen or resident child. This can be proven with a birth certificate, among other documents.
  • Have proof of your own identity and of having lived in the United States since January 1, 2010.
  • Individuals, who have a previous removal or deportation order, should check with a DAPA lawyer before submitting an application.

Form I-821P is the Application for Temporary Protected Status, which can be filed by individuals who are eligible nationals of designated countries. Form I-765 Application for Employment Authorization must be filled as well, even if the applicant is not seeking to obtain a work permit.

Main benefits of DAPA (Deferred action for parental accountability)

DAPA provides benefits for the most undocumented immigrants. A Grant from DAPA will help you:

  • Receive relief from deportation and the possibility to stay in the US with family.
  • Getting USA work permit. Once you get the work permit in the mail you can apply for a Social Security card
  • Each state will decide if DAPA beneficiaries are eligible for state benefits and rights such as the driver’s license, professional licenses, in-state-tuition, etc.
DAPA lawyer Miami

DAPA and DACA extended

DAPA and DACA are both from the series of administrative reforms called Immigration Accountability Executive Action announced by president Obama on November 20 and 21, 2014. The main goal of Obama immigration executive order was to expand DACA and DAPA for US citizens’ parents and also parents of permanent residents who meet the qualifications to apply. DAPA and expanded DACA can help keep families united, increase tax revenue, United States gross domestic product, and raise wages.

Current status of deferred action for parents of Americans and LPRs

As of April 18, 2016 the United States Supreme Court heard oral arguments in the case of US vs. Texas and a decision will determine if the DAPA program and DACA extended programs will unfreeze. Texas with other 25 states challenged the executive action in court. These programs promise to provide about five million undocumented immigrants protection from deportation. The court is divided with four conservatives and four liberal justices, which increases the possibility of a 4-4 tie that will eventually lead to no change. Even if the court’s decision were unfavorable to immigrants, the original DACA program will remain unchanged. Beneficiaries of the original DACA program will receive protection from removal proceedings as usual.

How a DAPA lawyer Miami can assist to parents of Americans and lawful permanent residents, who meet dapa eligibility requirements?

At Gallardo Law Firm your best interests come first. Our main goal is to protect you and to keep you up to date with immigration benefits you may qualify for. Our firm has helped countless people in south Florida with immigration issues. Our DAPA lawyers will help you understand your options and determine whether or not you qualify.


Visa Waiver Program

Common Questions and Answers about DAPA Immigration

DAPA recipients are not eligible for federal public benefits. That includes housing subsidies, food stamps, and financial aid. State benefits will depend on state law. The vast majority of states grant DAPA recipients with driver’s licenses.
The USCIS will not share your personal information with any government agency when applications are rejected. This will include information about guardians and family members. This information, however, may be shared with agencies such as ICE and CBP for other purposes not related to removal, which may include:
  • National security purposes.
  • To investigate or prosecute a criminal offense.
  • In order to detect or stop fraudulent claims.
  • To contribute with considering a deferred action request.
You may need individual legal advice from a DAPA lawyer to find out. Some people who have been deported before qualified for DAPA. It all depends on the deportation’s timing and circumstances.
President Obama didn’t speak about paying taxes in his November 20, 2014 announcement. The requirements described don’t include tax payments as an eligibility factor. The payment or nonpayment of taxes may be listed under the discretionary factors.
This application costs the same as the fee for the DACA program, which is $465. This fee includes the work permit application, fingerprinting and the DAPA application.
There is no age limit. The child can be any age as long as he or she was born on or before November 20, 2014.
The right staff person in the detention facility should be notified. ICE and CBP have been instructed to find people in custody who are eligible so that resources are not spend in vain. You or your DAPA lawyer can contact the Community and Detainee Helpline at 1-888-351-4024 or the Law Enforcement Support Center hotline at 1-855-448-6903. You can also send an e-mail to ERO.INFO@ice.dhs.gov.
We don’t know yet. There is not information about this currently available. The applicant should not leave the United States without advance parole before receiving DAPA. Information about whether or not a DAPA applicant qualifies for advance parole will be provided as soon as it becomes available.