DEFERRED ACTION FOR CHILDHOOD ARRIVALS (DACA)

UPDATE: As of December 7, 2020, per an injunction order in Batalla Vidal, et al. v. Wolf, et al., 16-CV-4756 (NGG) (VMS) (E.D.N.Y.) and State of New York, et al. v. Trump, et al., 17-CV-5228 (NGG) (VMS) (E.D.N.Y.), the district court judge has ordered the U.S. Department of Homeland Security to resume accepting first time DACA requests, extending one-year grants and one-year employment authorizations, and resume accepting advance parole requests as well.

On June 15, 2012, the Secretary of Homeland Security announced that certain people who came to the United States as children and meet several guidelines might request consideration of deferred action for a period of two years, subject to renewal. If granted, these people are also eligible for work authorization. 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 permanent lawful status.

DACA allows:

  • Employment authorization, (work permit)
  • Protection from deportation

Who can qualify?

The program is intended for undocumented immigrants who were brought to the United States by their parents when they were children.

Here are the eligibility criteria for DACA recipients –

  • Under 31 years of age as of June 15, 2012;
  • Came to the U.S. while under the age of 16;
  • Have continuously resided in the U.S. from June 15, 2007 to the present;
  • Entered the U.S. without inspection before June 15, 2012, or individuals whose lawful immigration status expired as of June 15, 2012;
  • Were physically present in the United States on June 15, 2012, and at the time of making the request for consideration of deferred action with USCIS;
  • Are currently in school, have graduated from high school, have obtained a GED, or have been honorably discharged from the Coast Guard or armed forces;
  • Have not been convicted of a felony offense, a significant misdemeanor, or more than three misdemeanors and do not pose a threat to national security or public safety.

Next Steps

If you are a first time DACA applicant, you should gather as much information as possible about your arrival into the U.S., your evidence of physical presence in the U.S., your school records, and any other records that will help you meet the criteria listed above.

Important Documents and Forms

Form I-821D (Original, handwritten signature, and date)

Form I-765- Application for Work Authorization

Why You Should Contact Us

The immigration attorneys at Federal Practice Group are prepared to handle your DACA case and have extensive experience with all immigration related matters. We will stand by your side throughout the process and following through with appeal if necessary. Oftentimes, the process can be time consuming, arduous, or confusing, and the U.S. Department of Homeland Security may reject your application or request additional information from you within a limited time frame. At Federal Practice Group, we make sure that your application is as complete as possible, and we will assist you if any additional problems should arise from your application. If you have any questions, or want advice regarding your specific case, contact the Federal Practice Group for a consultation today.

 

 

CONTACT THE FEDERAL PRACTICE GROUP

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 By phone, call (202) 862-4360.