December 7th, 2014

Under President Obama's new Deferred Action for Parents, also known as DAP or DAPA, eligible applicants will be able to apply for Deferred Action and three-year work permits. One of the most frequently asked questions is what sort of documentation is needed to qualify? At this point, unfortunately, further guidance has yet to be issued. Once the forms are issued, the instructions should clarify what is acceptable evidence. However, it is still extremely important to begin planning and assembling documents. Deferred action under DAPA is the same type of deferred action extended to DACA recipients so the documents required for DACA are a good guide as to what will probably be expected for DAPA applicants. Items that you might want to consider gathering together include but should not be limited to the following. This should not be relied upon as legal advice. This is merely general information based upon what USCIS has requested of applicants for deferred action under DACA. Once the instructions and guidelines come out, of course, it will be clear what is necessary.

Proof Of Identity

  • Passport
  • Birth Certificate
  • Any ID with name and photo, preferably governmental or possibly school

Proof of unlawful immigration status on November 20, 2014

  • Form I-94/I-95/I-94W with authorized stay expiration date

Proof of physical presence in US on November 20, 2014 & Proof that you have continuously resided in the US since January 1, 2010:

  • Rent Receipts or utility bills
  • Leases
  • Employment records
  • School records
  • Official religious records
  • Copies of money order receipts for money sent in or out of the country
  • Passport entries
  • Birth certificates of children born in the US
  • Marriage/Divorce certificates
  • Dated bank transactions, bank statements
  • Automobile license receipts or registration
  • Deeds, mortgages, rental agreement contracts
  • Tax receipts, insurance policies
  • Tax returns
  • Affidavits?

Proof of Parentage of US Citizen or Lawful Permanent Resident

  • Child's Birth Certificate
  • Child's Naturalization Certificate
  • Child's Permanent Resident Card
  • DNA results?

If you have even been arrested (to be shown to your attorney)

  • Criminal Court Records
  • Judgments of Convictions
  • Certified Dispositions
  • Police Reports

Anybody who has ever been arrested should seriously consider consulting with an attorney. Certain convictions will automatically disqualify an individual from DAPA. More importantly, especially if the conviction constitutes an Egregious Public Safety (EPS) Case, it will possibly referred to ICE for removal proceedings.

As we have repeatedly stressed, the forms and instructions are not out yet. When they are released, we will update this page to reflect current information. If you have any questions regarding your eligibility for DACA, contact our office.