Deferred Action for Childhood Arrivals (DACA)

On June 15, 3012, the Secretary of Homeland Security announced that certain people who came to the United States as children and meet several guidelines may request consideration for deferred action. This allows the applicant to be eligible for work authorization. Deferred action is a use of prosecutorial discretion to defer removal action against the applicant for a certain period of time. Deferred action foes not provide lawful status.

Through this program, applicants receive deferred action for a period of two years if the guidelines outlined below are met. Applicants apply for DACA with the U.S. Citizenship and Immigration Service, who grants them an Employment Authorization Document valid for the two years of deferred action. Currently, applicants are able to apply for an initial DACA request, if they meet the requirements. Those who have been granted DACA can apply for a renewal of their status if their status is soon to expire.

Guidelines to be eligible for DACA:

1. You were under the age of 31 as of June 12, 2012;
2. Came to the United States before reaching your 16th birthday;
3. Have continuously resided in the United Stated since June 15, 2007, up to the present time;
4. Were physically present in the United States on June 15, 2012, and at the time of making your request for DACA;
5. Had no lawful status on June 15, 2012;
6. Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) Certificate, or are honorably discharged veteran of the Coast Guard or Armed Forced of the United States; and
7. Have not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

If you currently have DACA and you have questions about the recent changes in the program, contact our office for a consultation.