“DAPA” and expanded “DACA”- highlights and answers to key questions about the immigration executive action

by | Dec 5, 2014 | Firm News |

Obama’s immigration executive actions impact many areas of immigration- from entrepreneur options and ICE officer pay to border enforcement. The two areas which have received the most attention, however, are the Deferred Action for Parents (“DAPA”) and expansion of Deferred Action for Childhood Arrivals (“DACA”).

There are still many unknowns about the new programs, but now we know generally who will qualify, and have answers to some key questions.

DAPA

The largest new program will be DAPA, which generally covers out of status foreign nationals who:

1. Have a lawful permanent resident or United States citizen child as of November 20, 2014, and

2. Have been in the United States since January 1, 2010

3. Are not considered “enforcement priorities” as defined by DHS, including applicants who have certain kinds of criminal convictions.

It is important to understand that these are just the main requirements, and some of the details are still being worked out. Therefore, not everyone who meets these qualifications will be able to get DAPA.

DACA

DACA was announced in June, 2012 to include those who arrived in the U.S. before their sixteenth birthday, and who either graduated high school or were enrolled in a high school or equivalent program. Like DAPA, it also has more detailed requirements, such as certain criminal bars.

DACA will be expanded in two key areas.

1. Removing the age cap. Previously, only those who were under 31 on June 15, 2012 were eligible.

2. Moving the entry date to January 1, 2010. Previously, applicants needed to be in the U.S. since June 15, 2007.

Frequently asked questions from potential DACA and DAPA applicants

What do you get with DACA and DAPA?

If you receive DAPA or DACA, you will be given work authorization and be protected from deportation. You may be able to get a document which will allow you to leave and re-enter the United States, but this is not certain.

Are DAPA and DACA permanent?

No. It is very important to understand that neither DAPA nor DACA are permanent, or even guaranteed for any specific amount of time. Unlike regular immigration statuses, both DAPA and DACA are part of a program created by the President. When a new President takes officer in January, 2017 he or she can end the program.

At this point, we can only guess who the next President will be, and whether he or she will continue the new program. I personally believe that unless there is some kind of comprehensive immigration reform, DAPA and DACA will continue through the next presidency. It would be very difficult politically to end the programs. Not only would it impact millions of people with DAPA and DACA, it would harm their employers. Again, however, this is just a prediction- there is no way of knowing how long DAPA or DACA will last.

Can I apply for DAPA or expanded DACA now?

No. DHS expects to have the expanded DAPA program available by February 15, 2015, and DAPA by May, 2015. Right now, there are no forms to even apply for these programs. We also still don’t know key information like what the filing fee will be, or where to send the applications.

Also, be prepared to wait after you file the applications as well. Right now, USCIS is estimating that it may take until the end of 2016 to decide all of the DAPA applications is receives.

If I can’t apply now, is there anything I can do to prepare?

Yes. First, start gathering the documents you will need to prove you meet the requirements we know now. This could include birth and marriage certificates for DAPA, and school records for DACA. Both require proof of presence since January 1, 2010- this can be things like bills, school records, pay stubs, taxes, receipts, and nearly anything with your name and the date on it. If you have ever been arrested, you should get certified dispositions of your criminal court records.

It is especially important to know that DAPA will require you to prove you here November 20, 2014. Unlike the general presence requirement, which can have documents from every few months, it is important to have something as close as November 20, 2014 as possible. If you have any receipts or other documents from November 20th or shortly before, be sure to save them. You may also want to hold on to any bills which include activity from around that time- such as cell phones. While it isn’t ideal, you may even want to save activity on social media, like Instagram pictures or check-ins on.

We will continue to blog more about the upcoming changes, especially as more details are released. Therefore, please check this site frequently for more news.

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Big News- Firm Merger and Consolidation to Oakland!

Bean + Lloyd, LLP and Park & Taylor has formed Bean, Lloyd, Mukherji, & Taylor, LLP

San Francisco Office has Moved to Join Oakland Office

We are thrilled to announce the merger of Bean + Lloyd, LLP and Park & Taylor, two highly respected Bay Area immigration law firms, which took place in April 2021. The new firm, Bean, Lloyd, Mukherji, & Taylor, LLP, combines decades of immigration experience in the subfields of family-based immigration, removal defense, asylum, humanitarian visas, and criminal immigration.

Additionally, the former Park & Taylor office in San Francisco has moved to join the Oakland office at 110 11th Street, Oakland, CA 94607. While the office is temporarily closed to the public due to COVID-19, our staff is still available by phone, email, and text message, and all consultations and client appointments will continue by phone or video. We look forward to physically reopening our expanded and improved Oakland office when it is safe to do so.

Partners Jesse Lloyd and Anita Mukherji, both certified specialists in immigration and nationality law by the California State Bar, lead the firm. Karyn Taylor has joined as Of Counsel, and Angela Bean remains as partner and Anna von Herrmann as Of Counsel. The Park & Taylor staff have brought their two decades of experience to the team.

Please contact us at (510) 433-1900 or www.beanlloyd.com with any inquiries.

¡Anuncio importante- Unión y Consolidación de Dos Bufetes! Bean + Lloyd, LLP y Park & Taylor han Formado Bean, Lloyd, Mukherji, & Taylor, LLP

La oficina de Park & Taylor se ha mudado para unirse a la oficina de Oakland

Estamos emocionados de anunciar la unión entre Bean + Lloyd, LLP y Park & Taylor, dos bufetes de inmigración muy respetados en el Área de la Bahía, lo cual ocurrió en abril del 2021. El bufete nuevo, Bean, Lloyd, Mukherji, & Taylor, LLP, combina décadas de experiencia en inmigración familiar, defensa de deportación, asilo, visas humanitarias, e inmigración criminal.

Además, la antigua oficina de Park & Taylor en San Francisco se ha mudado para unirse a la oficina de Oakland en 110 11th Street, Oakland, CA 94607. Nuestra oficina está temporalmente cerrada al público debido a COVID-19. Nuestro personal seguirá estando disponible por teléfono, correo electrónico y texto. Todas las consultas y citas de clientes, continuarán por teléfono o videollamada. Estamos emocionados para reabrir físicamente nuestra ampliada y mejorada oficina de Oakland cuando sea seguro hacerlo.

Los socios Jesse Lloyd y Anita Mukherji, dos especialistas certificados en ley de inmigración y nacionalidad por la Barra del Estado de California, dirigen el bufete. Karyn Taylor es abogada retirada pero se ha unido al bufete, Angela Bean permanece como socia y Anna von Herrmann sigue siendo parte del bufete. El personal de Park & Taylor ha compartido sus dos décadas de experiencia con el equipo.

Por favor contáctenos al (510) 433-1900 o www.beanlloyd.com con sus preguntas.

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