TOP 9 DAPA QUESTIONS: And the Answers, as Far as We Know

Charles Kuck Blog, Uncategorized Leave a Comment

1.     I am not married to my partner, but we have kids together.  Can I still apply?

a.     Yes.  You do not have to be married to qualify for DAPA.  The only time this would be an issue is if the father’s name is not on the birth certificate because the parents were not legally married.  If that is the case, you can simply have the birth certificate corrected in the county where the child was born to reflect the father’s name.  If the child’s mother will not go along with that, a DNA test may be required.

2.     I don’t have any children of my own, but my wife has children that we have been raising together.  Do I qualify?

a.     Yes.  As long as you were married before the children turned 18, immigration considers them your children for purposes of all immigration applications.  If you are not actually legally married, you cannot count these children as yours.

3.     I was deported before 2010, but I came right back to the U.S. after they deported me.  Do I still qualify?

a.     Yes.  As long as you were not deported or absent from the U.S. after January 1, 2010, you still qualify for DAPA.  Old deportations simply do not affect a person’s eligibility for DACA.

4.     My child has DACA, but I don’t have children that are citizens or permanent residents.  Can I still apply?

a.     Unfortunately, the answer is no.  DAPA only grants work authorization to parents of U.S. citizens and permanent residents.  The president chose not to include parents of DACA children in the DAPA program.

5.     I was arrested and convicted of DUI ten years ago.  Am I eligible for DAPA?

a.     We do not have a solid answer to this question yet.  There are rumors that immigration will still grant DAPA to people who were convicted more than 5-7 ago.  However, there are other rumors that even one DUI will disqualify someone.  We will have to wait and see what guidance immigration gives on this in the coming months.

6.     Do I qualify even if I have not filed taxes during my time working in the U.S.?

a.     As of now there is no requirement that you have paid or filed your tax returns.  This may change, but if it does you would likely only be required to pay from 2010 to now.  What we are safe in assuming is that if you are granted DAPA for three years, and you then want to renew your work permit, you will most likely be required to show that you filed your taxes for the years you worked with your work permit under DAPA.

7.     What happens after Obama is no longer president?  Does the program go away?

a.     We have no way of knowing for sure what will happen once Obama is no longer president.  This will likely depend on two main factors: if a more comprehensive immigration reform is passed in 2015, and if a republican or democrat is elected the next president.  If a more comprehensive reform is passed next year, DAPA won’t really matter too much since people will likely have something even better to apply for.  If reform does not happen and a republican is elected, the new president could cancel DAPA, but even if they do immigration has no way of rounding up 4,000,000 people and deporting them all so at worst, you would have had a work permit for two years.

8.     Can I leave the U.S. once my DAPA application has been approved?

a.     Yes.  You will be able to apply for travel authorization and return to your home countries in most cases. 

9.     I have five convictions for driving without a license.  Will those convictions keep me from qualifying for DAPA?

a.     No.  If you have convictions for traffic offenses such as no license, these convictions will not disqualify you for DAPA.  

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Charles Kuck

Managing Partner

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