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Deferred Action


To be eligible for Deferred Action for Parental Accountability (DAPA) program, you must:

■ Be the parent of a U.S. citizen or lawful permanent resident.

■ Have continuously lived in the U.S. since January 1, 2010.

■ Have been present in the U.S. on November 20, 2014. It's also likely that you will need to be present in the U.S. every day from now until you apply for DAPA.

■ Not have a lawful immigration status. To meet this requirement, (1) you must have entered the U.S. without papers, or, if you entered lawfully, your lawful immigration status must have expired; and (2) you must not have a lawful immigration status at the time you apply for DAPA.

■ Have not been convicted of certain criminal offenses, including any felonies and some misdemeanors.

To be eligible for the expanded Deferred Action for Childhood Arrivals (DACA) program, you must:

■ Have come to the United States before your sixteenth birthday.■ Have continuously lived in the U.S. since January 1, 2010.

■ Have been present in the U.S. on November 20, 2014, and every day since then.

■ Not have a lawful immigration status. To meet this requirement, (1) you must have entered the U.S. without papers, or, if you entered lawfully, your lawful immigration status must have expired before November 20, 2014; and (2) you must not have a lawful immigration status at the time you apply for expanded DACA.

■ Have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or "be in school" on the date that you submit your deferred action application.

■ Have not been convicted of certain criminal offenses.■ Pass a background check

What is considered a "significant misdemeanor"?

A misdemeanor is a crime for which the maximum term of imprisonment is one year or less but more than five days. A single "significant misdemeanor" will make you ineligible for deferred action.DHS considers the following to be "significant misdemeanors":

■ An offense of domestic violence; sexual abuse or exploitation; burglary; unlawful possession or use of a firearm; drug distribution or trafficking; driving under the influence (these offenses are considered "significant misdemeanors" regardless of the length of the sentence that is imposed).

■ For offenses not listed above, a "significant misdemeanor" is one for which you were sentenced to more than 90 days in custody. This does not include a suspended sentence.

What types of offenses count towards the "three or more misdemeanor offenses"?

■ Any misdemeanor (not meeting the definition of "significant misdemeanor") for which you are sentenced to at least one day in custody counts toward the "three or more misdemeanor offenses."

■ DHS will not count minor traffic offenses as misdemeanors, unless they are drug- or alcohol related.

■ DHS will not count immigration-related offenses created by state immigration laws as being misdemeanor offenses or felonies. For instance, Arizona, Alabama, and other states have passed laws that make it a crime for undocumented people to engage in many everyday actions; these crimes will not be counted as felonies or misdemeanors.

■ DHS will look at all the circumstances in a case to decide whether a person who has committed a criminal offense will be given deferred action.

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