Ripoff artists are already taking money to help undocumented immigrants apply for Deferred Action for Childhood Arrivals and Deferred Action for Parental Accountability. Immigration isn’t even accepting applications yet. If you think you have been a victim of fraud, contact the New York State Attorney General’s office at (866) 390-2992.
Meanwhile, here are answers to more of your questions about the new programs.
Q: If I get DACA or DAPA, and USCIS employment authorization, can my employer sponsor me for a green card? Will it help me get permanent residence in some other way?
A: No. Generally, getting deferred action does not make a difference in whether an undocumented immigrant can get permanent residence. One exception is for the immediate relatives of a U.S. citizen. If you are the spouse of a citizen, the parent of a citizen who is at least age 21 or the unmarried child under 21 of a U.S. citizen, and you travel abroad with USCIS permission, when you return you can apply immediately for permanent residence.
Q: I’ll be getting my green card through a family petition, but that won’t happen for a few years. I qualify for DAPA. Will getting DAPA interfere with my immigrant visa case?
A: No. Getting DAPA won’t interfere with getting a green card. Apply for DAPA and you can get work authorization. Plus, you won’t fear getting deported.
Q: I have a U.S. citizen daughter, but I am not married to her mother. Can I get DAPA?
A: Maybe. To get DAPA, an undocumented immigrant must prove that he or she is the parent of a U.S. citizen or permanent resident as defined by our immigration laws. If your daughter was born in wedlock under the laws of her place of birth or she is or was “legitimated” before turning 18, she is your “daughter.” If she was born out of wedlock, USCIS will recognize her as your daughter if you acknowledged her, formally or informally (for instance by helping pay her support), before she turns or turned 21.
If she was born in New York State, she was “legitimated.” If she was born in another state or country, check the laws of her place of birth to determine if that was the case. Note that the child is always the son or daughter of its mother unless the child is adopted by another person.
Also included in the definition of “parent,” is a stepparent, where the child was not yet 18 when the natural parent and stepparent married. USCIS recognizes an adoptive parent/child relationship if the child was adopted before age 16 and the parent has had legal custody of the child for at least two years.