The immigration Reform Executive Order by President Obama has a new kind of relief called DAPA. Brian Lerner states this will open up the doors for millions of people, but they must be notified if they qualify and they must do what is necessary to file the applications.
As of now, it is ordered by President Obama that the DAPA applications will be accepted starting 180 days after the issuance of the immigration reform for DAPA applicant. Hence, Brian D. Lerner, immigration attorney, explains that DAPA is the following:
The program will be open to individuals who:
- have a U.S. citizen or LPR son or daughter as of November 20, 2014;
- have continuously resided in the United States since before January 1, 2010;
- are physically present in the United States on November 20, 2014, and at the time of applying;
- have no lawful immigration status on November 20, 2014;
- are not an enforcement priority, which is defined to include individuals with a wide range of criminal convictions (including certain misdemeanors), those suspected of gang involvement and terrorism, recent unlawful entrants, and certain other immigration law violators
- present no other factors that would render a grant of deferred action inappropriate; and
- pass a background check.
Thus, this DAPA is meant for persons who have children born here in the U.S, are U.S. Citizens or Lawful Permanent Residents. Brian D. Lerner states over the years, families have been torn apart. Granted the parents were here in the U.S. illegally, but they had families consisting of children and they were deported from the U.S. They suffered, and their families suffered and their children and spouses suffered. Thankfully, claims Brian D. Lerner, DAPA has come along to essentially allow these people who qualify to stay here in the U.S. under the immigration reform for DAPA.
Some people are thinking that anybody and everybody is allowed to apply for DAPA. However, explains Brian D. Lerner, that could not be further from the truth. In tact one of the elements of this particular relief specifically states that the person is not to be an enforcement priority. Brian Lerner states that under the immigration reform for DAPA that there was a very detailed memorandum put out by the Secretary of Homeland Security and that it defines with some specificity what are to be considered the highest enforcement priority under Priority #1, the mid level priority under Priority #2, and the lowest priority under Priority #3.
Thus, the issues that will exist is whether or not under the immigration reform for DAPA if somebody is under a particular Priority of enforcement whether they can still put together a convincing immigration reform DAPA packet. The DACA part of the immigration reform does have some specific exceptions which have been placed into the requirements. Unfortunately, the immigration reform for DAPA does not. It is unclear, states Brian Lerner, whether this was intentional, or whether it was purposeful and that President Obama did not want to allow DAPA applicants to be able to apply for DAPA if they do have a criminal history. In that case, it is still possible to have a criminal history and not be under an enforcement priority. However, this would take considerable argument to make sure that you properly argue you are not an enforcement priority and you qualify for DAPA. You don’t want to risk being put into removal proceedings because you do not properly prepare the DAPA application. Thus, the immigration reform for DAPA exists and will allow millions of people relief, but Brian Lerner states you must do it correctly.