DACA Begins Aug 15, 2012

The Deferred Action for Childhood Arrivals (DACA) program takes effect on August 15, 2012. The program will enable certain young people who came to the United States as children and who meet a set of other qualifications to receive “deferred action” (relief from deportation) on a case-by-case basis.

What Is Deferred Action?

Deferred Action provides qualified individuals with relief from deportation by deferring removal as an act of prosecutorial discretion. It does NOT confer lawful immigration status in the United States. Moreover, although an individual will not accrue unlawful presence during an approved DACA period, deferred action does not excuse previous or subsequent periods of unlawful presence.

Under current regulations, an individual with approved deferred action may obtain employment authorization for the period of deferred action upon a showing of “economic necessity for employment.” DHS can terminate or renew deferred action at any time.

What is Deferred Action for Childhood Arrivals (DACA)?

On June 15, 2012, DHS announced that certain individuals who came to the US as children and meet several other qualifications may request deferred action and work authorization for two years. Applicants must renew DACA every two years. DHS will make determinations on a case-by-case basis.

Eligibility for Deferred Action for Childhood Arrivals (DACA)

Individuals who meet the requirements listed below may request consideration of Deferred Action for Childhood Arrivals (DACA).

1. DACA candidate was under the age of 31 as of June 15, 2012.
2. Candidate came to the US before reaching their 16th birthday.
3. Applicant has continuously lived in the US since June 15, 2007, until the present time.
4. DACA applicant was physically present in the US on June 15, 2012, and you are physically present in the US at the time you make your request for consideration of deferred action with USCIS.
5. Applicant entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012.
6. DACA applicant is currently in school. OR, the applicant has graduated from school. Or the applicant has a certificate of completion from high school, a GED certificate, or they are an honorably discharged veteran of the Coast Guard or US Armed Forces.
7. Applicant does not have a felony conviction; a conviction for a significant misdemeanor; or convictions for three or more other misdemeanors. AND,
8. The applicant doesn’t otherwise pose a threat to national security or public safety.

Individuals who meet the above qualifications may begin requesting consideration of Deferred Action for Childhood Arrivals on August 15, 2012. USCIS requests that applicants not file before August 15, 2012. If you file early, USCIS will reject your request.

See USCIS Deferred Action for Childhood Arrivals (DACA) and its links to FAQs, brochures and instructions on the Deferred Action for Childhood Arrivals process before filing a request for deferred action.

See also AILA Consumer Advisory (American Immigration Lawyers Association) on immigration scams before embarking on the Deferred Action process.