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Deferred Action for Young Childhood Arrivals (DACA)

UNIITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, (USCIS), HAS BEEN ACCEPTING APPLICATIONS FOR CONSIDERATION OF DEFERRED ACTION FOR CHILDHOOD ARRIVALS

Starting August 15, 2012, U.S. Citizenship and Immigration Services (USCIS) officially began accepting applications for consideration of deferred action for childhood arrivals.  On June 15, 2012, Secretary of Homeland Security Janet Napolitano announced that certain people who came to the United States as children before age 16 and who meet other key requirements may apply for consideration of deferred action.

Those who demonstrate that they satisfy all the requirements will be eligible to receive deferred action for a period of two years, subject to renewal and work authorization if they can establish economic necessity.

What is  Deferred Action

Deferred action is a discretionary determination to defer removal action of an individual as act of prosecutorial discretion. Deferred action does not confer lawful status upon an individual. Additionally, although an alien granted deferred action will not be considered to be accruing unlawful presence in the U.S. during the period of deferred action is in effect, deferred action does not absolve individuals of any previous or subsequent periods of unlawful presence.
Under existing regulations, an individual who has been granted deferred action is eligible to receive employment authorization for the period of deferred action. Deferred action can be terminated at any time at the agency’s discretion or renewed by the agency.

Requirements for requesting consideration for deferred action
An alien may submit an application for consideration of deferred action if you:

  1. Were under the age of 31 as of June 15, 2012;
  2. Came to the United States before reaching your 16th 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.

Note: These requirements must be met for consideration of deferred action for childhood arrivals. USCIS retains the ultimate discretion on whether deferred action is appropriate in any given case.