Deferred Action for Parents of US Citizen or Green Card Holder

Deferred Action for Parents

On November 20, 2014, President Obama took Executive Action on immigration. One of the areas that is impacted is Deferred Action for Parents of U.S. citizens and Lawful Permanent Residents, which the President expanded.

USCIS is to develop a process that is similar to DACA (Deferred Action for Childhood Arrivals) that allows for prosecutorial discretion via the use of deferred action, on a case-by-case basis, to the following individuals:

  • As of November 20, 2014, have a child who is a U.S. citizen or lawful permanent resident
  • Have continuously lived in the U.S. since before January 1, 2010
  • As of November 20, 2014, are physically present in the U.S. and at the time of requesting deferred action:
    • have no lawful status and
    • are not an enforcement priority as reflected in this date’s Policies for Apprehension, Detention and Removal of Undocumented Immigrants Memorandum and
    • present no other factors that, in exercising discretion, makes the grant of deferred action inappropriate.

Applicants must:

  • File the necessary applications for deferred action pursuant to the new criteria described above and
  • Submit information for USCIS to conduct background checks similar to those required for DACA applicants and
  • Be eligible to apply for work authorization for the period of deferred action and
  • Pay the work authorization and background check fees, which are currently $465. There will be no fee waivers and very limited fee exemptions.

Deferred action, when granted, will be for a period for three years.

USCIS should begin accepting applications under the new criteria no later than 180 days from the date of this announcement (approximately May 20, 2015).