DAPA Updates & Notario Fraud

In USCIS’s January 26, 2015 DAPA update one of the main issues discussed was to be wary of notario fraud (“notarios” or “immigration consultations” are people who do not have the authority to practice law).  Noatarios misguide immigrants to take advantage of their situations, promising them unrealistic benefits under DAPA (e.g. “we will make sure you get a green card) and charging vulnerable immigrants fees for their baseless advise .

The most up to date DAPA information from USCIS is as follows:

1) At this time, USCIS is not accepting DAPA applications (do not believe anyone who says otherwise)

2) A new form I-821P will be used to apply for DAPA (the form has not been released yet)

3) USCIS Director has said that paying back taxes will not disqualify immigrants’ eligibility under DAPA.  Please make sure not to fall for tax scheme by notaries and/or tax advisors who try to persuade immigrants that not paying taxes will disqualify their eligibility under DAPA.  Taxes will need to be paid prospectively, meaning that DAPA recipients will be obligated to pay taxes once they receive their Employment Authorization Card under DAPA.

4) USCIS will release FAQs very close to registration window planned for May 2015 that will provide clarity on the following:

  • The scope of parent-child relationship
  • The lack of permanency associated with the DAPA program
  • Whether advance parole (permission to travel in/out of the US) will be part of the program
  • Whether the use of false or fraudulent social security number in I-9 forms will impact eligibility
  • Clarity around expedited removal orders
  • Challenges of documentary evidence

As the DAPA program unfolds, we will proactively keep our readers informed.  Please note that this communication does not constitute or form an attorney-client relationship. Our firm will begin taking clients when USCIS opens the DAPA program.

We look forward to helping our community of immigrants take advantage of the DAPA program.  To learn more, please contact our firm.

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