Information about deferred action for childhood arrivals

Aug 15, 2012 | admin | Uncategorized | No Comments

Today, August 15, 2012, is the day that USCIS begins accepting applications for Deferred Action for Childhood Arrivals (DACA)! This is a big day for many young people who were brought to this country by their families and have lived in fear of deportation all their lives here.

While DACA does not provide a path to citizenship, and it does not give individuals lawful status, it does provide some relief from the constant stress and fear of deportation for an individual whose entire family is here, who only knows this country as their home, or who wants to earn an honest living.

Individuals may be approved for deferred status for a period of two years. They may also apply for work authorization for that period. Additionally, the approval and work authorization may be extended at the end of the two year period for another two years.

You qualify for consideration if you:

1. Were under the age of 31 as of June 15, 2012;
2. Came to the United States before reaching your 16^th birthday;
3. Have continuously resided in the United States 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 consideration of deferred action with USCIS;
5. Entered without inspection before June 15, 2012, or your lawful immigration status expired as of 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 an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
7. Have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

More information on the application process and all the forms you will need can be found here. There is a fee for filing the application and work authorization of $465. It is stated that there are limited exemptions for this fee. Please note that there is NO expedition process, and if anyone tells you that you can expedite your application for a fee, report them and do not pay the fee. They are trying to steal your money.

It should be noted that individuals who apply for deferred action will not have their information turned over to ICE unless that individual meets the criteria for the issuance of a Notice to Appear or referral to ICE. The information on the application may be shared with national security and law enforcement agencies (including ICE) for purposes other than removal, including preventing fraudulent claims and prosecution of a criminal offense. See this page for more information. It should be noted that if an individual knowingly makes a misrepresentation or knowingly fails to disclose facts in the application, they will be treated as an immigration enforcement priority.

As always, consult with an experienced immigration attorney before pursuing action on your own. Feel free to contact me or another immigration attorney in your area with any questions or for assistance with your application.