APPLY EAD based on DAPA

[mohan-79]

Hi,

 

I am working in USA and My employer filed GC-EB2-I-140 approve -PR-jan2012.My kid born here 2012.  I live in this country from 2008.

 

As per new executive order am eligible file EAD as per DAPA ? please guide me

 

The Deferred Action for Parental Accountability (DAPA) is a prosecutorial discretion program administered by USCIS that provides temporary relief from deportation (called deferred action) and work authorization to unauthorized parents of U.S. citizens or Lawful Permanent Residents (LPRs). The DAPA program resembles the DACA program in some important respects, but the eligibility criteria are distinct.

The program will be open to individuals who:

• have a U.S. citizen or LPR son or daughter as of November 20, 2014;
• have continuously resided in the United States since before January 1, 2010;
• are physically present in the United States on November 20, 2014, and at the time of applying;
• have no lawful immigration status on November 20, 2014;
• are not an enforcement priority, which is defined to include individuals with a wide range of criminal convictions (including certain misdemeanors), those suspected of gang involvement and terrorism, recent unlawful entrants, and certain other immigration law violators
• present no other factors that would render a grant of deferred action inappropriate; and
• pass a background check.

DAPA grants will last for three years. The DAPA program should be ready to receive applications within 180 days.

 

If yes, I can apply directly thorugh lawyer and what will happen my current EB2 pending?

 

Thanks

Mohan

 

[rahul412]

Please read the bullet points carefully, DAPA is for ILLEGAL parents who has US born kids. Are you currently ILLEGAL in US??

[mohan-79]

No; I canot be illegal. Thanks for clarification but their is some point in the executive order that we can file before date current is it true?

 

Thanks

[rahul412]

No; I canot be illegal. Thanks for clarification but their is some point in the executive order that we can file before date current is it true?

 

Thanks

No I don't know, still waiting for announcement from USCIS.

[JoeF]

No; I canot be illegal. Thanks for clarification but their is some point in the executive order that we can file before date current is it true?

 

Thanks

 

Read what a Murthy lawyer had to say about it in the topic of the week.

That requires a regulation change, which is a bit complex. Hence, there is no date on that issue.

Don't plan anything based on that. Assume that it doesn't exist. If/when it will be done, it will be all over the news.

[ashuneel]

• have no lawful immigration status on November 20, 2014;

I hope this clause does not apply to your situation as mentioned by other replies.

 

There is no time frame for the other proposed action for legals. someone recently said regarding EO that patience is a virtue. So true.

[mohan-79]

thank you atleast they will implement h4 EAD for approevd I-140 people will reduce backlog and EB2/EB3 will moved current ?

[rahul412]

thank you atleast they will implement h4 EAD for approevd I-140 people will reduce backlog and EB2/EB3 will moved current ?

How H4 EAD will reduce the backlog??

[ashuneel]

H4 EAD  will have no impact on  back log. GC quota numbers remain the same for all categories.

[Attorney_6]

There seems to be confusion due to the multiple parts of the executive action. All the things mentioned in this thread, DAPA, H4EADs, changes in visa bulletin regulations (to allow for earlier I-485 filings) are separate. While it is all part of the larger program of immigration reform through executive action, it is important to understand that this is not just one, single, program or change. Don't confuse the various parts of each item.

 

We have articles on MurthyDotCom that will help readers gain a better understanding. More articles will be published in time, and as we get clarifications.