What are the requirements to qualify under DAPA?
Specific instructions about what documents will be acceptable are pending. However, the following are some general guidelines of what to expect.
To qualify under DAPA, the applicant will need to establish:
- Relationship to a U.S. citizen or lawful permanent resident son or daughter, and
- Continuous residence in the U.S. since January 1, 2010.
In order to prove continuous residence, the applicant should gather documents such as financial records (lease agreements, phone bills, credit card bills), medical records, and school records (diplomas, GED certificates, report cards, school transcripts). As a rule of thumb, consider gathering at least one document for each 12-month period since January 1, 2010, until the time the request is submitted for deferred action.
If no documentation is available, it is possible to obtain affidavits from at least two people who have personal knowledge that the applicant was present in the U.S. during that gap.
In order to prove a relationship with a son or daughter who is a U.S. citizen or lawful permanent resident, a copy of the U.S. citizen son’s or daughter’s birth certificate or passport, naturalization certificate, or green card is accepted.
If the applicant has ever been arrested, copies of criminal history should be requested from the State of Georgia and from the Federal Bureau of Investigation (FBI). It is also advisable to obtain a letter from each court describing what the judge ultimately decided in each case. This type of letter is often referred to as a “disposition letter” or “certificate of disposition.”
If there are any outstanding warrants, it is generally advisable to consult with an attorney about the best way to proceed.