DEFERRED ACTION FOR CHILDHOOD ARRIVALS (DACA)

 

DEFERRED ACTION FOR CHILDHOOD ARRIVALS (DACA)

 

 

 

What is DACA:

On June 15, 2012, the Secretary of Homeland Security pursuant to an executive order issued by the Obama Administration, announced that certain people who came to the United States as children and meet several guidelines may request consideration of deferred action (DACA) for a period of two years, subject to renewal. Deferred action is a use of prosecutorial discretion to defer removal action against an individual for a certain period of time. Deferred action does not provide lawful status.

The applicants for DACA are also eligible for work authorization. Once DACA is approved by USCIS a request for an advance parole can be filed with USCIS.

 

 

 

 

 

 

 

 

Who is eligible:

·         Be at least 15 years old at time of application (unless you are or have been in deportation proceedings).

·         Arrival (lawful or unlawful) into the U.S. under the age of 16.

·         Born on or after June 15, 1981 or under the age of 31 on June 15, 2012.

·         Continuous (uninterrupted physical presence) residence since June 15, 2007.

·         Physically present in the U.S. on June 15, 2012 but without legal status.

·         Currently in school, graduated from high school, obtained a GED certificate, or honorably discharged veteran of the U.S. Coast Guard or U.S. Armed Forces.

·         Must have NOT been convicted of:

Ø  Felony offense (Federal, State, or local criminal offense punishable by imprisonment for more than one (1) year).

Ø  Significant misdemeanor including domestic violence; sexual abuse or exploitation; burglary; DUI; unlawful possession or use of firearm; drug distribution or trafficking; or any conviction with a sentence of more than 90 days in jail.

Ø  Multiple misdemeanors which total three (3).

Ø  Not pose a threat to public safety or national security (gang membership, etc.).

 

What are the benefits:

 

·         Removal (deportation) is held in abeyance.

·         Provides authorization to work legally in the United States for a period of two (2) years.

·         Can apply for advance parole after DACA request is approved.

 

Start date:

·         On December 7, 2020, USCIS was ordered by a federal judge to commence accepting DACA applications for new applicants. The court order also mandates that USCIS accept applications for advance parole documents.
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