Do you qualify for DACA/DAPA if have been deported and came back?

Ok so like the tittle says. I tried google, but couldn't find anything that said anything about my question. I know there is still not a lot of info about DAPA, but what about DACA? As I'm thinking that it might be the same thing, when it comes to being eligible for either one about what I'm asking. So I couldn't find anything about it, so as of right now, could someone get DACA if you were deported and came back? Hope that doesn't sound confussing, if it is I will try to be a little more clear.

Thanks,

Oh and no this is not about me lol just asking and trying to get info...

DACA does not disqualify you if you came back after being removed (provided the removal did not break the residency requirement).

However there is a bigger problem, namely that re-entering while banned from re-entry (deportation carries a 5 year ban on its own, atop of any possible ban for illegal presence) triggers a permanent ban. So unless you have a USC family member who can petition you, and you are okay with leaving, waiting 10 years, and then applying for a waiver you will never become a permanent resident.

Thanks Demise. Got a little more info, let me know what you think.

Basically, someone qualifies for DAPA, well as of right now with the info that is out, and if being deported won't affect them. Deportation hapend, over 20 years ago, they were caught at the border trying to cross, so got sent back, but then ended up trying again and coming over. Not sure if it was just once or twice, ect.

So do you think they would qualify if they meet all the other requirements? Besides the deportations, no other troubles with the law here in the US.

Also, since you are able to use AP with DACA, wouldn't it probly be the same for DAPA, to be able to show legal entry using AP, and then their child, be able to petition for them, since it will be an immediate relative? Child will be 21 in about 3 years, so basically if they got DAPA, would pretty much be safe until their child turns 21 and is able to petition for them.

At least that's the way I'm seeing it. Well, I'm thinking that would be best case scenario.

AP does nothing but say the last time you entered was with inspection. It does not magically remove all the other times you were caught and deported which will be brought to you if you chose to ever adjust your status.


But for DACA/DAPA not, it will not affect you. As a reminder, DACA/DAPA is nothing more than a deferred action, nothing more and nothing less, you are being deferred from deportation

I get that! Basically I had read of some people being able to adjust after using AP. Cus of an immidate relative, and that has all been through marriage. But also imidiate relative also says kids and parents right

And I'm not sure if it was here or another forum where someone basically tried coming, got caught, got sent back, then succesfully came. Got married to US Citizen, got DACA, used AP to show legal entry, and then was able to adjust. And they now have their green card!

So was thinking it it might work the same. As the immidate relative petition would be their child.

I think its more complicated than that if you have been caught and deported multiple times, I would seek a lawyer for that

Problem being that re-entering after being deported triggers a permanent bar on re-entry. There is a single waiver for that, which requires you to leave, wait 10 years, and then apply. (There are some unusual exceptions, like the U-visa.)

So it's not something that AP can cure. AP can only fix the matter of being an EWI. It does not take care of any other inadmissibilities.

Since DACA/DAPA are not admissions this permanent bar is not a problem. But if you're ever going to try to adjust your status, you're going to have a very very hard time.