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DAPA and or Provisional Unlawful Presence Waivers

Business 10 views 3 answers
I am a seaman from Asia had been transit in and out in this country for more than 25 years. I fill up W-2 form every years with cruise line company but never claimed a return. I left the cruise company with B1-B2 valid till 2020. I already extended my I-94 once and have over status after March 2013. During the time I work for the cruise I have a son was born here in US now he is 10 but did not married with his mom. I married with a citizen in 2013 but don't want to fill up I-130 with her. Am I will have any benefit from DAPA when its become available or from new immigration law of Provisional Unlawful Presence Waivers? which law is more close to my case. Thank you

Attorney Answers

3
Carlos Sandoval ·
Whether you qualify for DAPA (if and when it is implemented) will depend on whether you meet all the requirements. Have you been present in the United States at least since January 1, 2010? Were you out of status and had a US child on November 20, 2014? Depending on the answers to this questions it may be possible to establish whether you qualify. The answer about the provisional waiver is more complicated and more facts are required to be able to answer it. Consult with an experienced immigration lawyer to review your case.
0 upvotes
Adan Vega ·
First, DAPA has not been implemented. Once DAPA is in play, you will need to show that you were present in the U.S. since January 1, 2010 , that you were in unlawful status, and that you are the parent of a resident or U.S. citizen as of November 20, 2014. You also must not have been convicted of certain crimes. You should consult with a qualified immigration attorney to fully evaluate your case.
0 upvotes
K. V. JairamImmigration AttorneyWest Palm Beach, FL ·
DAPA is not available at this time. When DAPA is available there will certain requirements that you will have to satisfy to be eligible. DAPA is a temporary status and you should only consider it if you do not have any other path to permanent residence. If your marriage to the US citizen was in good faith, it will be your best course to become a permanent resident. Lawful status in the US is very important, so consult an experienced immigration attorney.
0 upvotes

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