I currently hold a working permit obtained under the DACA law, I have a three year old son born in the U.S
4 attorney answers
Your US citizen child may sponsor you once he is 21. Are you an overstay or did you enter the US coyote style without inspection? A child may serve as a basis of a waiver of inadmissibility. DACA recipients may qualify for Advance Parole and following parole admission apply for permanent residence.
Mr. Smith is an attorney with over 25 years of immigration experience with complex immigration issues and successful filings. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Smith's statement above does not create an attorney/client relationship.
No, unfortunately nothing of the sort is "correct". DACA is not "law" but simply temporary deferment of removal by the grace of a presidential "executive action", with employment authorization for 2 years to boot, and most unfortunately there is no "DAPA" for parents of US citizens/LPRs - which is nothing more than a deferment with a work permit a la DACA, currently stuck in the courts of appeal. You don't need it since you already have work permit under DACA.
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 22 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
It sounds like the teacher may be confused about the DAPA program announced last November by President Obama, which would have helped many parents of US citizen or permanent resident children who have lived in the US since January 2010. The DAPA program has been blocked by a lawsuit and remains in limbo. However, DAPA - like DACA- is a temporary status that wouldn't lead to permanent residency.