What is DACA and DAPA?
DACA stands for Deferred Action for Childhood Arrivals and DAPA stands
for Deferred Action for Parental Accountability. The executive order relating
to DACA was made in 2012 by President Obama for individuals who arrived
in the United States without proper documentation or, who overstayed their
visas as a result of their parents' actions. DACA is mistakenly referred
to as the "
Dream Act" -- a legislative proposal which has not become law. DACA may also
be used as a defense in a
Deferred action may be granted to individuals who are in removal or
proceedings, or for individuals who have never been in
. Once deferred action is conferred, the individual can apply for employment
authorization and is considered legally present in the United States.
This does not mean, however, that if deferred action is granted, that
you will be given a
. There is no direct path to a green card under DACA. Contact an Orange
County immigration attorney to discuss your case.
Please note that the exact requirements for "Deferred Action for Parental
(DAPA), which were announced by President Obama in 2014 have not been enumerated
yet. Generally, it is expected that undocumented parents of US citizens
with no criminal history will not be deported and may gain work authorization.
USCIS is tentatively scheduled to begin accepting applications for DAPA
relief in May 2015.
Who Qualifies Under DACA?
To apply for DACA, you must meet the following criteria:
- You must have been under 31 years of age as of June 15, 2012.
- You must have come to the United States when you were under 16 years old.
- You must have continuously lived in the United States from June 15, 2007
to the present.
- You must have entered the United States without inspection before June
15, 2012, or, if you overstayed a visa, the visa must have expired as
of June 15, 2012.
- You were physically present in the United States on June 15, 2012.
- You must currently be present in the United States at the time of applying
for deferred action.
- You are currently in school, or have graduated from high school, or have
obtained a GED, or have been honorably discharged from the armed forces.
- You have not been convicted of a felony offense or significant misdemeanor.
Contact an experienced Irvine, Mission Viejo, Anaheim or Santa Ana immigration
attorney today to discuss the various factors determining your eligibility
What Risks Exists when Applying Under DACA?
You should apply only after consulting a qualified Orange County immigration
lawyer. If you are here unlawfully and USCIS or ICE finds that you do
not meet the criteria for deferred action, you may be placed in removal (
deportation) proceedings. Also, DACA is entirely discretionary and may be revoked
at any time.
What are the Benefits of Deferred Action?
If you are granted deferred action, you will be permitted to lawfully work
in the United States. You can also apply for advance parole, allowing
you to travel outside the United States, for reasons related to work or
Contact an Orange County
to discuss your case today. Our office proudly serves all of Southern
California, including Santa Ana, Irvine, Anaheim, Huntington Beach, Mission
Viejo, Rancho Santa Margarita, Laguna Hills, Laguna Beach, Brea and many
more Orange County cities.