Update on Deferred Action for Childhood Arrivals Applications

U.S. Citizenship and Immigration Services has begun processing Deferred Action for Childhood Arrivals (DACA) applications. This application allows young people who entered the United States before June 15, 2012, and who meet certain eligibility guidelines to apply for deferred action for two years and to receive employment authorization during this period.

In order to be eligible for deferred action, applicants must meet the following guidelines:

  1. Were under the age of 31 as of June 15, 2012;
  2. Came to the United States before reaching their 16th birthday;
  3. Have continuously resided in the United States since June 15, 2007, up to the present time;
  4. Were physically present in the United States on June 15, 2012, and at the time of making the request for consideration of deferred action with USCIS;
  5. Entered without inspection before June 15, 2012, or their lawful immigration status expired as of June 15, 2012;
  6. 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
  7. 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.

Additional information on DACA is available here.

As of September 13, 2012, 82,361 DACA applications have been received by USCIS. Of these applications, 63,717 have been issued biometrics notices, and 29 applications have been completed.

DACA is a process that appears simple on its face, but has many potential traps for the unwary. If you believe you may be eligible to apply for deferred action, please give us a call to schedule a consultation so that we may review your situation with you.

Categories: Immigration Blog