Deferred Action for Childhood Arrivals (DACA)
DEFERRED ACTION for Childhood Arrivals [DREAMers] - USCIS to begin accepting requests for consideration of deferred action on August 15, 2012.
On June 15, 2012 the Department of Homeland Security formally announced that it will offer deferred action to "DREAMers." For all the promising undocumented youth who call America home this represents the opportunity to come out of the shadows and fully embrace the only country they know.
This announcement was a bold action to provide relief and enable these young people to actively contribute to our society and economy. Immigration lawyers (and others) around the country have also welcomed the Administration's recent announcement that younger immigrants may be eligible for "Deferred Action" and work authorization. The policy will grant qualified immigrants the opportunity to live free from fear of deportation and allow them to work legally. This exciting new development brings hope to immigrants and their families. It is not, however, a permanent fix and does not grant permanent legal status to anyone.
To qualify, an individual must:
- have arrived in the U.S. when they were under the age of sixteen;
- have continuously resided in the U.S. for at least five years prior to June 15, 2012 and have been present in the U.S. on June 15, 2012;
- currently be in school, have graduated from high school, have a GED, or be an honorably discharged veteran of the U.S. Coast Guard or the U.S. Armed Forces;
- not have been convicted of a felony offense, a "significant misdemeanor offense," three or more non-significant misdemeanors, or otherwise pose a threat to national security or public safety; and
- have been under thirty-one years old on June 15, 2012
The offer of the benefit called "deferred action" will be available to those in proceedings, those with final removal orders, as well as to those who apply affirmatively.
USCIS expects to make all forms, instructions, and additional information relevant to the Deferred Action for Childhood Arrivals process available on August 15, 2012. USCIS will then immediately begin accepting requests for consideration of Deferred Action for Childhood Arrivals.
Individuals who believe they meet the guidelines of this new process should not request consideration of deferred action before August 15, 2012. Requests submitted before August 15, 2012 will be rejected. Unfortunately, this policy may open the door for fraud and deception by so-called "Notarios." In the United States, notarios have no legal background and cannot legally practice law or represent you. An immigrant's case can be delayed by notarios acting in bad faith, resulting in penalties and even deportation.
For more information about the Dreamer initiatives or the Deferred Action for Childhood Arrivals, please feel free to contact us at:
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