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Deferred Action For Childhood Arrivals – (DACA)

PRESIDENT OBAMA’S NOVEMBER 20, 2014, EXECUTIVE ORDER

DACA is the President’s recent executive order on immigration. This is great news if you are an undocumented individual. You may now be eligible for deferred action, even if you weren’t before. Deferred action means that you can stay in the U.S. for a specified time period, without danger of deportation.

You are not in danger of being deported anymore. DACA can help you.

Announced November 20, 2014, the Order expands who is eligible for the Deferred Action for Childhood Arrivals (DACA) program. It also includes the new Deferred Action for Parental Accountability (DAPA) program for parents of U.S. citizens or lawful permanent residents.

Expanded Deferred Action For Childhood Arrivals (DACA Program)

You can apply with the United States Citizenship and Immigration Service (USCIS) for the expanded DACA starting February 18, 2015. If your application is approved by USCIS, you will be able to stay in the United States for three years, and you will receive an Employment Authorization Card that is valid for three years. An Employment Authorization Card enables you to work legally. It also enables you to obtain a Social Security Card, which will allow you to get a driver’s license in states such as Illinois and Indiana.

You are eligible for the expanded DACA if you:

  • Entered the United States before the age of 16;
  • Have continuously resided in the United States from January 1, 2010, until now;
  • Were physically present in the U.S. on November 20, 2014, and are in the U.S. at the time you submit your DACA application
  • Had no lawful status on November 20, 2014;
  • Graduated or obtained a certificate of completion from high school, obtained a general education development (GED) certificate, or are enrolled in school on the date the deferred action application is submitted; and
  • Have not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

Former DACA vs. Expanded DACA

The major differences between the former DACA and the Expanded DACA are:

  • There is no age limit to apply. Under the former DACA, you had to be under the age of 31 when DACA was first announced. In other words, you had to have been born after June 15, 1981. That is no longer the case. Under the Expanded DACA, you can be of ANY age.
  • Recipients of Expanded DACA are granted deferred action and employment authorization for a period of three years instead of two.

Contact Attorney Alex Mendoza to see if you qualify for Expanded DACA. Are you eligible to apply for Expanded DACA with USCIS? Call Alex Mendoza for a consultation at 888-406-0656, or e-mail info@alexmendozalaw.com.

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Deferred Action For Parental Accountability – (DAPA)

The Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) program is an extension of the Deferred Action for Childhood Arrival program (DACA). DAPA was announced on November 20, 2014, when President Obama initiated an Executive Order on Immigration. DAPA is a new program projected to begin mid to late May 2015. If your DAPA application is approved, you will receive deferred action and employment authorization for a period of three years. In order to be eligible for DAPA, you must be the parent of a U.S. citizen or lawful permanent resident. Additionally, you must have lived in the United States continuously since January 1, 2010, until the time you apply for DAPA. You must have also been physically present with no lawful status in the United States on November 20, 2014, and at the time you submit your DAPA application. If you think you meet all DAPA requirements, call 219-513-3302 to schedule a free immigration consultation with immigration attorney, Alex Mendoza, at his principal office conveniently located in Hammond, Indiana—6950 Indianapolis Blvd., Hammond, Indiana.

Another requirement to be eligible to apply for DAPA, your U.S. citizen or lawful permanent resident child must have been born on or before November 20, 2014. In order to be considered for DAPA, you must not have been convicted of a felony, significant misdemeanor, or three or more misdemeanors. Additionally, if you pose a threat to national or public security you will not be approved to receive DAPA. Below are frequently asked questions about DAPA. Contact immigration law firm Alex Mendoza law at 888-406-0656 for a free immigration consultation to discuss your eligibility for DAPA.

FREQUENTLY ASKED QUESTIONS

When was DAPA announced and when can I apply?

DAPA was announced on November 20, 2014, as a part of President Obama’s Executive Order on Immigration. Individuals were supposed to begin applying in mid to late May for this benefit. However, there is currently an injunction on the program. Notwithstanding, many well-respected immigration attorneys believe that the lawsuit against DAPA is just political pander, and that the DAPA will begin soon. There has not been a specific date provided by the United States Citizenship and Immigration Services (USCIS) when applications will open. As soon as DAPA application are open, immigration attorney Alex Mendoza will begin setting appointment for free immigration consultation for DAPA at his Hammond, Indiana office at 6950 Indianapolis Blvd., Hammond, Indiana. If you want to be updated on the status of the DAPA program, click here to get on our email list.

What are the benefits of DAPA?

If you are approved for DAPA, you will receive deferred action for a period of three years, and will also receive an Employment Authorization Card (EAD). During the deferred period, you will have lawful presence in the United States. The employment authorization will allow you to work legally in the United States.

Can an immigration lawyer explain to me the benefits of DAPA?

You need to know what are the benefits of DAPA, and what you are not getting if your DAPA application is approved. If you are approved for DAPA, you will receive deferred action for a period of three years, and will also receive an Employment Authorization Card (EAD). During the deferred period, you will have lawful presence in the United States. The employment authorization will allow you to work legally in the United States. It is very important that you schedule a consultation with immigration lawyer, Alex Mendoza, at his conveniently located office in Hammond, Indiana. Our Hammond office is conveniently located at 6950 Indianapolis Blvd., Hammond, Indiana, right off of the I80-94.

Is there an age limit for applying?

No, there is no age limit for applicants. You can apply at any age if you meet all the requirements. However, there are other requirements that you will have to meet. For a free immigration consultation to find out if you meet all the requirements for DAPA, call 219-513-3302 to schedule a free immigration consultation with immigration attorney, Alex Mendoza, at his conveniently located office in Hammond, Indiana, right off I80-94.

Can an immigration lawyer help me apply for DAPA if I have a criminal history?

If you have a criminal history, it is very important that you schedule a free immigration consultation with an immigration lawyer. Alex Mendoza Law offers free immigration consultations, and is conveniently located in Hammond, Indiana (20 minutes from Chicago).

If you have been convicted of a felony, you will not be eligible to apply for DAPA. Additionally, if you have been convicted of a significant misdemeanor or three or more misdemeanors, you will not be eligible for DAPA. This is why, if you have a pending criminal matter, you must be certain that your criminal attorney knows immigration law and the immigration consequences of pleading guilty to certain crimes. Alex Mendoza Law is a firm that deals with criminal and immigration law, so we are well equipped to handle your criminal and immigration cases.

Currently, USCIS does not define a significant misdemeanor for DAPA. However, a significant misdemeanor under DACA (DAPA’s counterpart) is one that is defined by federal law–regardless of the sentence imposed–and is one of domestic violence, sexual abuse or exploitation, burglary, unlawful possession or use of a firearm, drug distribution or trafficking, or driving under the influence. If an offense is not one of those listed, but sentenced you to jail for more than 90 days, it is considered a significant misdemeanor. In addition, if you are a threat to public or national security or are an enforcement priority, you will not be eligible for DAPA.

If you have any criminal history, or if you currently have a criminal case going on now, call an immigration lawyer who is familiar with criminal law to see if you are eligible to apply for DAPA. Alex Mendoza Law is an immigration law firm that also handles criminal matters. Our immigration law office is conveniently located in Hammond, Indiana.

Can an immigration attorney help me apply for DAPA if my U.S. citizen or permanent resident child is an adult?

Currently, your U.S. citizen or permanent resident child can be of any age, as long as the child was born before or on November 20, 2014. Your U.S. citizen or permanent resident child can be of any age or marital status. If you have not established custody of that child, schedule a free immigration consultation with attorney Alex Mendoza. You need an immigration attorney that can help you establish paternity and apply for DAPA.

Can an immigration attorney help me with my documentation?

Right now, there are no documents listed on the USCIS website that you must fill out. The documents should be available in mid to late may. It is recommended that you gather beforehand the documentation necessary to prove that you meet every requirement for your DAPA application. Here is link with a list of documents that you may need for your application:

It is very important that you are very careful when submitting your supporting documents with your DAPA application. Schedule a consultation with an immigration lawyer to help you decide which documents you should submit and which documents you should not submit to immigration. Our immigration law office is conveniently located in Hammond, Indiana. Call 219-513-3302 to set up a consultation with immigration attorney, Alex Mendoza.

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Alex Mendoza Law

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