On November 20, 2014, President Obama announced an expansion of deferred action for people who were brought to the U.S. as children, known as DACA. He also announced a new program of deferred action and work authorization for the parents of U.S. citizens and permanent residents. Expanded DACA and DAPA have been delayed in the courts. However, when they finally start, many people who have lived in the U.S. for decades and have close family ties to this country will benefit. This program will be very similar to DACA, with the same discretionary, case-by-case decisions, the same filing fee and also providing for three years of work authorization and protection from deportation. The requirements are:
- A) Parent: Have a son or daughter who is a U.S. citizen or lawful permanent resident as of November 20, 2014
- B) Continuous Residence: Have continuously resided in the United States since before January 1, 2010
- C) Undocumented: Have no lawful status as of November 20, 2014
- D) Physical presence: Be physically present in the U.S. on November 20, 2014, and on the date of application
- E) Not be an enforcement priority. Those criteria are explained more fully here. The basic idea is that anyone who has been convicted of a felony, a significant misdemeanor (including DUI, domestic violence, sexual abuse) or three or more other misdemeanors (except for traffic offenses), or anyone who poses a danger to the U.S. because of gang membership or terrorist ties, cannot be approved for DAPA.