Deferred Action for Parents of Citizens or Lawful Permanent Residents (LPRs)
In addition to expanding DACA to more childhood arrivals, deportation deferral will now extend to parents of U.S. citizens and lawful permanent residents. Upon approval, those eligible will be able to apply for work authorization for the period of deferred action.
On a case-by-case basis, this will now include individuals who:
- Have a son or daughter who is a U.S. citizen, or lawful permanent resident;
- Have lived in the U.S. since before January 1, 2010;
- Were in the U.S. at the date of the announcement (November 20, 2014);
- Are in the U.S. on the date of their deferral application to USCIS;
- Do not have lawful status as of November 20, 2014;
- Are not an enforcement priority under the Policies for the Apprehension, Detention and Removal of Undocumented Immigrants memorandum; and
- Present no additional factors that make deportation deferral inappropriate at the discretion of the Department of Homeland Security (DHS).
For those who meet the above requirements, they are required to file an application for deferred action. This will allow them to gain work authorization and deferred deportation for a period of three (3) years. That application process will require the applicant to:
- Submit biometrics for USCIS to conduct a background check; and
- Pay work authorization application and biometrics fees, approximately $465. (There will be no fee waivers and limited fee exemptions).
The USCIS will begin accepting applications under the this criteria no later than one hundred and eighty (180) days from the memo date, (no later than May 19, 2015).
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