Do You Qualify For Deferred Action Through DACA Or DAPA?

Deferred action may provide you relief from deportation and removal under certain circumstances. With deferred action, the Department of Homeland Security (DHS) may allow you to remain in the United States temporarily even when there are grounds to remove you. In some cases, a temporary work authorization document (work permit) may be authorized for the deferred action.

Opportunities For Deferred Action By Executive Order

Deferred action programs in the news recently have included the Deferred Action for Childhood Arrivals (DACA) program announced by President Obama in 2012 and targeted for expansion in 2014, and the Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) program announced in 2014.

People who already have DACA status can apply for renewal but the expanded DACA announced in 2014 is also on hold because of federal court actions in Texas. Therefore, it is not time yet to apply for DAPA or for expanded DACA eligibility. If you are eligible for either program you should begin gathering documentation and be ready to apply once the federal court action is resolved. Meanwhile, if you already have DACA status and need to have it renewed, Hernandez & Associates, P.C., can help. Call us at 303-536-5134 to speak with a deferred action immigration lawyer in Denver.

Deferred Actions That May Affect You

The following deferred action opportunities may apply to you or a family member:

  • DACA 2012 requirements:

    • Under 31 years of age as of June 15, 2012
    • Came to the U.S. before 16th birthday
    • Continuously resided in the U.S. since June 15, 2007, to the present
    • Was present in the U.S. on June 15, 2012, and at the time of filing
    • Is currently in school, has graduated high school or obtained a GED
    • Has not been convicted of a felony, significant misdemeanor or three or more nonsignificant misdemeanors
  • DACA Renewals
    • DACA renewals to be submitted 150 days prior to its expiration
    • Must not have departed the U.S. on or after August 15, 2012, without Advance Parole
    • Has continuously lived in the U.S. since last DACA request was approved
    • Has not been convicted of a felony, significant misdemeanor or three or more misdemeanors
  • DAPA (for undocumented parents of U.S. citizens or permanent residents)
    • The DAPA program is currently on hold because of federal court actions in Texas. However, it is a smart plan to be ready to act on if and when DAPA's provisions become a reality.

Application For Deferred Action On Other Grounds

Even if you do not or will not qualify for DACA or DAPA, you may still be able to obtain deferred action by prosecutorial discretion if you are currently under the threat of deportation.

Attorneys Who Understand Your Issues

For more information or help with deportation defense matters, contact a Denver, Colorado, immigration lawyer at Hernandez & Associates, P.C. Call 303-536-5134 or email us to schedule a meeting with an attorney. HABLAMOS ESPAÑOL.

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