On November 20, 2014, the President of the United States announced that several key eligibility requirements under Deferred Action for Childhood Arrivals (DACA) would be revised to encompass a larger amount of qualified DREAMERS. Additionally, this expansion of the DACA program will be for a period of three years, not two years. DACA remains subject to renewal. As a result of the deferred action, the applicant may be eligible for work authorization.
As the USCIS has done in the past, determinations will be made on a case-by-case basis. Individuals must prove through documentation that they meet the guidelines for deferred action. Anyone who is granted deferred action is not a lawful US citizen, nor a Lawful Permanent Resident. No permanent legal status is provided through DACA. DACA is only a temporary grant of relief from deportation.
You may request consideration of Deferred Action for Childhood Arrivals if you*:
1. Were under the age of 31 as of June 15, 2012 REMOVED THE AGE CAP 2. Came to the United States before reaching your 16th birthday;
3. Have continuously resided in the United States since June 15, 2007, January 1, 2010, up to the present time;
4. Were physically present in the United States on November 20, 2014, and at the time of making your request for consideration of deferred action with USCIS;
5. Entered without inspection before November 20, 2014, or your lawful immigration status expired as of November 20, 2014;
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.
PLEASE NOTE – These expanded eligibility requirements HAVE NOT YET been implemented. The President’s Address was just an announcement of what is expected to happen within the next few months.
PLEASE BE AWARE OF ANYONE WHO IS OFFERING TO HELP YOU AT THIS TIME. DO NOT BECOME A VICTIM. IF YOU DO NOT QUALIFY BASED UPON THE EXISTING ELIGIBILITY REQUIREMENTS FOR DACA, WAIT!
*USCIS should begin accepting applications under the new criteria from applicants no later than ninety (90) days from the date of the announcement made by President Obama (11/20/2014). In short, we expect the USCIS to begin accepting applicants on or before February 17, 2015.
In order to request consideration of deferred action for child hood arrivals – qualified youth must mail their forms and supporting documentation to the United States Citizenship and Immigration Services (USCIS).
It is advisable to present the following supporting evidence:
• Birth Certificate (with translation) and/or Passport
• Employment records, Medical records, Financial Records, and/or Military Records that show that you came to the U.S before the age of 16, and have resided in the U.S. since January 1, 2010 to the present, and were physically present in the U.S. as of June 15, 2012 (Additional evidence will be considered on a case-by-case basis: social media, phone records, bills/receipts, etc.)
• School records – Diplomas, GED certificates, report cards, school transcripts and other evidence of enrollment
While the Deferred Action eligibility criteria may seem to be straight forward, it is very important to understand that immigration law is complicated. As with any application seeking immigration benefits, an application for Deferred Action could lead to potential consequences for the foreign national. Applicants should always consider seeking the advice of a licensed immigration attorney before submitting an application for DACA.
If you are interested in applying for DACA status, contact us online or call us at (240) 390-0600
Source of Information:
DHS.gov, 11/20/14, Memorandum:
Executive Action: Expand Deferred Action for Childhood Arrivals (DACA) Program
National Immigration Law Center, 11/21/14, FAQs:
FAQs – The Obama Administration’s Deferred Action for Parental Accountability & Expanded Deferred Action for Childhood Arrivals Programs