Christopher B. McKinney, Attorney at Law, LLC


Expanded Deferred Action -Deferred Action for Parents

President Obama's executive orders will include those creating a deferred action program for parents of US citizens or permanent residents.

Here are the known eligibility requirements.

Applicants must have a child that is a US citizen or lawful permanent resident born on or before November 20, 2014.

Continuous Presence - Applicants must have resided in the United States continuously since January 1, 2010.

Physical Presence - Applicants must have been physically present in the United States on November 20, 2014 and when making a request for deferred action.

Without Lawful Status - Applicants must have no lawful status, either having fallen out of status or entered the United States without lawful status.

Not an Enforcement Priority - Applicants must not be enforcement priorities as described on the Department of Homeland Security's November 20, 2014 titled Policies for the Apprehension, Detention and Removal of Undocumented Immigrants Memorandum.

Favorable Exercise of Discretion - Applicants must receive a favorable exercise of discretion, presenting no factors that make a grant of deferred action inappropriate. 

As with DACA, applicants for the new program will be required to submit an individual application that will be judged on a case-by-case basis. Applicants will be required to submit biometrics. The government fee will be $465, and there will be no fee waivers. The program is supposed to start no later than May 19, 2015. Like DACA, the new program will offer no specified new path to lawful permanent residency or US citizenship. 

Christopher McKinneyComment