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Are You Eligible for DAPA or Expanded DACA?

April 18, 2016. The Supreme Court will hear oral arguments in the U.S. v. Texas case today, which will address the legality of DAPA (Deferred Action for Parents of Americans and Lawful Permanent Residents) and Expanded DACA (Deferred Action for Childhood Arrivals). Deferred Action refers to the discretionary power of the U.S. Department of Homeland Security (DHS) to defer the deportation or removal of someone. DHS has been using this authority for years, for individual cases where there has been support to defer deportation. The use of Deferred Action is not new to the Obama Administration; many presidents before him used the same policy. The granting of deferred action does not, directly, lead to the grant of any form of permanent legal status. It simply means that you are no longer a priority for deportation. If the Supreme Court sides with the federal government in U.S. v. Texas, then it is likely that individuals will be eligible to apply for DAPA and expanded DAPA.

You may be eligible for DAPA if you:

  • Have lived in the United States continuously since Jan. 1, 2010, up to the present time;

  • Were physically present in the United States on Nov. 20, 2014, and at the time of making your request for consideration of DAPA with USCIS;

  • Had no lawful status on Nov. 20, 2014;

  • Had, on Nov. 20, 2014, a son or daughter, of any age or marital status, who is a U.S. citizen (USC) or lawful permanent resident (LPR); and

  • Have not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors; do not otherwise pose a threat to national security; and are not an enforcement priority for removal.

You may be eligible for Expanded DACA if you:

  • Have come to the United States before your sixteenth birthday;

  • Have continuously lived in the U.S. since January 1, 2010;

  • Have been present in the U.S. on June 15, 2012, and on every day since August 15, 2012;

  • Have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or “be in school” on the date that you submit your deferred action application; and

  • Have not been convicted of certain criminal offenses.

If you have any questions concerning DAPA or expanded DACA, please call us at (713)834-1196 or email us at info@teresamesser.com.

What You Need to Know About the REAL ID Act and How It Will Affect Your Domestic Flights

January 12, 2016. Secretary of Homeland Security released a statement about the final phase of the REAL ID Act implementation which will affect all individuals boarding a commercial domestic flight. Effective January 22, 2018, air travelers with a driver’s license or identification card issued by a state that does not meet the requirements of the REAL ID Act must present an alternative form of identification acceptable to the Transportation Security Administration (TSA) in order to board a commercial domestic flight. Until January 2018, if traveling by air, residents from ANY state are still able to use a driver’s license, or any of the various other forms of identification accepted by the Transportation Security Administration (Passport or Passport Card, Global Entry cards, U.S. military IDs, airline or airport-issued IDs, federally recognized, and tribal-issued photo IDs. TSA will continue to accept driver’s licenses issued by all states through January 2018 and, then, will continue to accept licenses from all compliant states or noncompliant states with an extension.You have until October 2020 to replace your current license with a REAL ID compliant license, as long as your state is compliant or is noncompliant with an extension.
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Passed by Congress in 2005, the REAL ID Act enacted the 9/11 Commission’s recommendation that the Federal Government “set standards for the issuance of sources of identification, such as driver’s licenses.” The Act established minimum security standards for state-issued driver’s licenses and identification cards and prohibits Federal agencies from accepting for official purposes licenses and identification cards from states that do not meet these standards. States have made considerable progress in meeting this key recommendation of the 9/11 Commission and every state has a more secure driver’s license today than before the passage of the Act. For more information, please visit the U.S. Department of Homeland Security website.

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