The new Deferred Action for Childhood Arrivals (DACA) program will be implemented on August 15, 2012. USCIS is now finalizing the process through which certain qualified individuals may request consideration of deferred action. The new DHS Deferred Action for Childhood Arrivals (DACA) policy will enable certain young people who came to the US as children, and who meet a set of other qualifications, to receive what is known as “deferred action” (relief from deportation) on a case-by-case basis.
Deferred Action provides qualified individuals with relief from deportation. Deferred action is a discretionary determination to defer removal action as an act of prosecutorial discretion. Deferred action does NOT confer lawful immigration status in the US. Moreover, although an individual whose case if deferred will not be considered to be accruing unlawful presence in the US during the period deferred action is in effect, deferred action does not excuse individuals of any previous or subsequent periods of unlawful presence in the US.
Under current regulations, a person whose case has been deferred is eligible to receive employment authorization for the period of deferred action if s/he can show an “economic necessity for employment.” DHS has the authority to terminate or renew deferred action at any time at the agency’s discretion.
On June 15, 2012, the Secretary of Homeland Security (DHS) announced that certain people who came to the US as children and who also meet several other qualifications may request consideration of deferred action for two years, subject to renewal, and would also then be eligible for work authorization.
Those who can show, through verifiable documentation, that they meet these guidelines will be considered for deferred action. Determinations will be made on a case-by-case basis under the guidelines set forth in the Secretary of Homeland Security’s memorandum.
You may request consideration of Deferred Action for Childhood Arrivals (DACA) if you meet the following requirements:
Individuals who meet the above qualifications may begin requesting consideration of deferred action for childhood arrivals on August 15, 2012. USCIS requests that prospective applicants PLEASE DO NOT FILE BEFORE AUGUST 15, 2012. IF YOU FILE EARLY, YOUR REQUEST WILL BE REJECTED.
Please see the USCIS Deferred Action for Childhood Arrivals (DACA) web page and its links to FAQs, brochures and instructions on the Deferred Action for Childhood Arrivals process before filing a request for deferred action.
Also, see the AILA Consumer Advisory (American Immigration Lawyers Association) on immigration scams before embarking on the Deferred Action process.