Find a DAPA Lawyer in Miami – Deferred Action for Parental Accountability Explained
Thousands of immigrants go to the United States every month, and while many of them get to the country through lawful methods, not all of them do. This has become an enormous problem for the country since deportation often means separating families.
Many immigrants go to the U.S. to find a better future or escape their country’s dangers. Some citizens think all immigrants are criminals or a threat to national security, but that isn’t the case all the time.
The Department of Homeland Security understands this, so it developed a program to delay the deportation of eligible people. We are talking about the Deferred Action for Parental Accountability (DAPA) program. Read this page to understand more about how DAPA works.
You can also contact us if you need a DAPA lawyer in Miami. We will tell you everything you need to know about the program and how you can measure your chances of being eligible for it.
What Is DAPA?
DAPA delays the deportation of undocumented immigrants’ parents of Americans or lawful permanent residents. This plan is part of an immigration administrative reform announced in 2014. To win a case, though, you need a DAPA lawyer. Miami has many options.
Eligible individuals for the DAPA program won’t be a priority for deportation for about three years. They can also apply and qualify for employment authorization in the country.
Some General Terms to Understand the Immigration System
You need to learn some legal terms related to the country’s immigration system to understand how DAPA works. Here are the main ones:
Lawful Permanent Residents
Lawful permanent residents – or Green Card holders – are not born in the United States but are authorized by the government to live permanently and without restrictions.
Being a lawful permanent resident is not the same as being a permanent resident of the country. The latter can live in the U.S. and has the right to work for most employers, but they are still legal citizens of another country.
Undocumented immigrants are people who entered the United States illegally and therefore didn’t have a lawful immigration status. These people don’t have a valid visa to enter the country or any related documentation needed to live there.
People who stay in the U.S. longer than their temporary visa allows are also undocumented immigrants, even if they got into the country through legal methods. If the government catches undocumented people, it will likely deport them.
Deportation is when the United States removes someone from the country and sends them back to their country of origin. It also bans them from the U.S. for several years or even permanently.
You don’t need to worry about this if you are a lawful permanent resident since the government only deports people who violate immigration laws.
Who Qualifies for the DAPA Program?
The DAPA program helps undocumented immigrants stay close to their families, but not all are eligible. If you are applying for this program, you may qualify for DAPA if you:
- Are the parent of a lawful permanent resident of the U.S. after November 20, 2014.
- Are the parent of an American citizen.
- Have been in the U.S. since January 1, 2010.
- Don’t have any other offenses in your criminal record.
Even if you check all those boxes, you must pass a background check to qualify for the DAPA program. As mentioned, you may not qualify for this program if you are an enforcement priority.
The country considers you an enforcement priority if you:
- Are considered a threat to national security.
- Have a felony or significant misdemeanor on your criminal record.
- Are a gang member.
What Do I Need to File a DAPA Application Form?
You need to file the DAPA application forms and have all the required documents for the program to qualify for it. Starting with the documentation, here is what you need to apply for DAPA:
- Proof that you are the parent of a U.S citizen or lawful permanent resident
- Proof that your children are Americans or legal permanent residents
- Proof that you were physically present in the U.S on November 20, 2014
- Proof of who you are (personal information)
- Proof that you have lived in the U.S since at least January 1, 2010
Applicants must also file the form I-821P, the application form for the “Temporary Protected Status.” They also need to file the form I-765 since that’s the one that will allow them to get employment authorization in the country. You still need to file that form even if you don’t want to obtain a work permit.
Managing all this paperwork is challenging without the help of an immigration attorney, so the best you can do is hire one if you want to apply for DAPA.
Benefits of the Deferred Action for Parental Accountability Program
Although DAPA recipients are not eligible for certain federal government benefits, there are many advantages to qualifying for this program. The main perk of being a DAPA recipient is the relief from deportation the government gives you, which allows you to stay with your family.
Besides that, you can get a USA work permit and earn money as any other American would. Some states even offer DAPA recipients some state benefits such as driver’s licenses, in-state tuition, and others.
Final Thoughts – Should I Hire a DAPA Lawyer in Miami?
The DAPA program is the best way for undocumented immigrants to stay with their families. This program ensures these people have enough time to plan for the future or look for the documentation they need to remain legally in the U.S.
Immigration attorneys are essential for this process since they will tell you if you are eligible for DAPA and your chances of qualifying. You can contact us now if you need an immigration lawyer in Miami to help you with your DAPA application.