DEFERRED ACTION for CHILDHOOD ARRIVALS (DACA)
DREAM Act style “prosecutorial discretion”
Secretary Napolitano announced on June 15, 2012 that young people who were brought to the United States as young children and do not present a risk to national security may apply for relief from removal from the country or from entering into removal proceedings. Those applicants will receive deferred action for a period of two years, subject to renewal, and will be eligible to apply for work authorization.
On August 3, 2012, USCIS revised the deferred action eligibility criteria and provided new details on the application process, evidence, confidentiality, travel, and other issues. USCIS will release full details on the application procedure, including a deferred action form, on August 15, 2012. An individual who meets the following criteria may apply for deferred action:
1. Was under the age of 31 as of June 15, 2012;
2. Came to the U.S. before reaching his/her 16th birthday;
3. Has continuously resided in the U.S. since June 15, 2007, up to the present time;
4. Was physically present in the U.S. on June 15, 2012, and at the time of application to USCIS;
5. Entered without inspection before June 15, 2012, or lawful immigration status expired as of June 15, 2012;
6. Is currently in school, has graduated or obtained a certificate of completion from high school, has obtained a GED, or be an honorably discharged veteran of the U.S. Coast Guard or the U.S. Armed Forces; and
7. Has not been convicted of a felony, a "significant misdemeanor," three or more other misdemeanors, and does not otherwise pose a threat to national security or public safety;
Only those applicants who can prove through verifiable documentation that they meet these criteria will be eligible for deferred action. Deferred action requests are decided on a case-by-case basis.
Contact the Moreno Law Office, LLC for more information.