Deferred Action for Childhood Arrivals

 

Deferred Action for Childhood Arrivals

 

**Please note this is only a summary designed to give you an over view of the Deferred Action for Childhood Arrivals (DACA).  The rules and regulations are extensive and complex and this summary does not encompass all of the rules regulating the program:

 

DACA Requirements

This program allows for certain individuals who were brought to the U.S. as children to apply for Deferred Action and receive Work Authorization.   Deferred Action is NOT a permanent status and great care and thought should be taken before applying.   Very specific rules apply to DACA applications, so that not all childhood arrivals qualify for DACA.  Evidence of each criteria must be submitted with the application.

1.       Must be under at 31 as of June 15, 2012.

2.       Must be in or have come to the U.S. before their 16th birthday. 

3.       Must have continuously resided in the U.S. since June 15, 2007.

4.       Mush have been physically present in the U.S. on June 15, 2012, and at the time of the DACA application with USCIS.

5.       If entered without inspection, bust have entered before June 15, 2012, or lawful status expired as of June 15, 2012.

6.       Must be currently in school, have graduated, have obtained a GED or equivalent State exam, or are an honorably discharged veteran.

7.       Must have not been convicted of a felony, severe misdemeanor, 3 or more misdemeanors.

8.       Must not be determined to pose a threat to national security or public safety.

This process is open to those in removal proceeding as well as those that have been ordered removed.  However, DACA does not provide any path toward legal permanent residency or citizenship.  There are no guarantees that DACA will be renewed after the initial two year period.  Information provided to USCIS by those turning themselves in is protected and not to be used for purposes of removal unless the individual does not qualify for DACA.  However, if DACA is not renewed then there is no guarantee of how the information will be used. 

 

**This is only an outline of the issues involved in a DACA application.  This document does not address all of the issues or documents involved in a complex employment immigration case. Please feel free make an appointment to discuss further with us the options available to you in your specific case.

 

14207 Ford Road ,
Dearborn, Michigan 48126, 
United States
Phone:  313-846-1900
Fax:  313-846-1910
Email:  rdagher@dgdlegal.com

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