What is Deferred Action Status for Childhood Arrivals?
Deferred Action Status For Childhood Arrivals: (DACA)
What Is It? Do I Qualify?
On June 15, 2012, the Secretary of the Department of Homeland Security announced a policy making it possible for some undocumented young people who came to the United States as children and have gone to school or served in the military to apply for “deferred action status” (DACA), granting them permission to work and remain in this country. Read about what it means to have deferred action status below and see if you qualify.
What is deferred action status?
Deferred action status is a discretionary grant of relief, not a law, that allows those who qualify and are granted this relief to remain the United States for a period of two years and get work authorization.
Can I get my green-card by having deferred action status?
No. Unlike the proposed Dream Act, DACA does not lead to a green card.
Do I qualify for DACA?
Below are the eligibility requirements from the United States Citizenship and Immigration Services:
•Were under the age of 31 as of June 15, 2012;
•Came to the United States before reaching your 16th birthday;
•Have continuously resided in the United States since June 15, 2007, up to the present time;
•Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
•Entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012;
•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
•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.
I have an order of removal, can I still apply for DACA?
Yes, even if you have an order of removal, but meet all of the other requirements, you can apply for DACA.
If my application is granted, can I travel?
In order to be able to travel after having been granted DACA, you will need to do a separate application to allow you to travel.
Will I have to be fingerprinted?
Yes, all who apply for this type of relief will be fingerprinted and be subject to a background check.
What are the fees for filing this application with USCIS?
The total filing fee for this application with USCIS $465.00. This fee does not include the legal fee to help you prepare this application.
If I am granted DACA, how long will it be good for?
DACA relief is good for two years but it is subject to renewal. We do not know yet if this type of relief will be renewed.
What do I need to do to apply?
Give us a call and we can help you get started on your application. You will need proof of any educational degrees and proof of your presence here in the United States. We can help you think creatively about how to gather proof for your application even when you do not have many papers.
If you have any questions, the attorneys at Baron and Shelkin, P.C. have extensive experience with these types of cases and are happy to help you today. Give us a call at (212) 264- 7500 and schedule a consultation.