Work authorization and relief from deportation for parents of US citizens and green card holder children

On Nov. 20, 2014, President Obama announced Executive Action (EA) concerning immigration.  While there are many aspects or changes brought about by his announcement, one of those changes is the creation of a new “Deferred Action for Parental Accountability” (or DAPA), which is similar to the benefit he announced in 2012, Deferred Action for Childhood Arrivals (DACA).

While DACA provides benefits to young people who arrived in the US before age 16, DAPA will benefit parents of green card holders and US citizens. The basic requirements for DAPA are:

• Person has a child who was a US Citizen or green card holder as of 11/20/14

• Parent entered the US before 1/1/10, and has lived continuously in US since then

• Parent was in US on 11/20/14, and out of status

• Passes criminal and national security checks

• Pays taxes and filing fee

• Work authorization is granted for 3 years, and relief from deportation.

(Note: there was some confusion about whether parents of DACA recipients would also be eligible for work authorization. They are not. However, if a person has several children, one of whom is a US citizen or green card holder, and another child is a DACA recipient, the parent would still be eligible for DAPA benefits, based on having a US citizen or green card child. The fact that they also have a DACA recipient child would not disqualify them from DAPA.)

When DACA first came out in 2012, many Filipinos were reluctant to come forward and apply. While over 600,000 young Latinos applied, less than 4,000 Filipinos came forward. This is despite the US government offering a marvelous opportunity to obtain work authorization, SS number, driver’s license, relief from deportation, possibility for entering college and scholarships, permission to travel to the Philippines, and more.

Those Filipinos, who came forward, were left untouched by ICE (meaning the government did not come after them or their families). President Obama further promised that anyone who applies for DACA or DAPA will not be turned over for deportation, nor will their family members (unless they are terrorists or felons).

If Filipino parents were reluctant to apply for DACA for their children, because it was the parent who needed work permit (not the child), now parents of green card holders or US citizens could be eligible for work authorization.

I also know that, in the past, Filipinos would apply for immigration benefits they were not entitled to, just to obtain work authorization. Some would apply for political asylum, claiming to be persecuted by the NPA, just to get work authorization. Others applied for CSS/LULAC, claiming to have been in the US before January 1981, again just to get work authorization. Now, Filipinos have the chance to get a legitimate work authorization based on providing truthful information and documentation. This benefit could also include the ability to travel outside the US, including to the Philippines, for important or urgent matters.

If you believe you may be eligible, you should definitely see an attorney to evaluate your situation.

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