EXECUTIVE ACTION (IAEA) FREQUENTLY ASKED QUESTIONS

1. I have an order of deportation. Can I apply?  Yes, you can apply if you meet all the other requirements. Having an unexecuted order of removal is not a bar to receiving deferred action under either DAPA or DACA or some other provision of law.
2. I have a DUI (or DWI). Can I apply?  No, do not apply if you have a DUI or DWI. These are considered high-enforcement priorities under the new policy.
3. I was pregnant on November 20, 2014 but I do not yet have any children born in the US. Will I qualify? Unfortunately no. According to the guidance that we have now, a person must have been a parent (ie, already given birth to a child who is a US citizen or green card holder) in order to qualify for DAPA. 
4. I don't have any proof I was in the US on January 1, 2010. What should I do? It is, in our experience, nearly impossible to live in the United States without leaving  a paper trail. You just have to know where to look, and remember that your burden of proof is not "beyond a reasonable doubt" - it's much lower than that.  Read one of our Blawg posts about proving physical presence: A Picture Is Worth A Thousand Words.
5. Can I get a green card from deferred action? (DAPA or DACA)? Generally, no. Deferred action (DAPA or DACA) is NOT actual immigration status, and therefore cannot lead to permanent residence or citizenship. Indirectly, however, it might be possible - so long as the person has a way to get sponsored for a green card (such as being married to a US citizen.) Contact us to learn more.
6. I have an order of deportation but I qualify for DAPA (or DACA). If I get a travel document can I travel? You should not travel, even with a grant of deferred action and subsequent advance parole, if you have an order of removal or deportation. Advance parole now allows you to re-enter the US if you've been unlawfully present, but it does nothing to protect you against self-deporting yourself, which is exactly what you're doing when you leave. Remember, deferred action is NOT "status." It can be terminated, and in fact will terminate very easily if you're not careful.