Deferred Action for Certain Childhood Arrivals,(DACA) defers or postpones the deportation of an undocumented person in the U.S. by the government agencies. Deferred action does not provide legal permanent residency or a legal immigration status, and is temporary. A person who has been granted deferred action can apply for a work permit. With this work permit some people apply for social security cards, drivers’ licenses and jobs.
Initial or first time DACA applicants include a person who:
- Came to the U.S. before age 16
- Resided in the U.S. for at least 5 years before June 15, 2012, and is present in the U.S. as of June 15, 2012
- Is currently in school, has graduated High School or has a General Education Diploma, or has been discharged from the U.S. Coast Guard or Armed Forces
- Does not have any felony conviction, or significant misdemeanors, multiple misdemeanors or pose a threat to the National Security
- Is less than 30 years of age
- Can pass a background check
In order to apply for DACA:
- Applicants must take a background check
- Complete the required U.S. Citizenship and Immigration Service (USCIS) forms
- Provide the necessary supporting documents and information to show that they qualify
- Apply for work authorization for the period of deferred action.
- Pay the filing fee.
- Qualified Applicants should not have certain criminal convictions or other grounds of ineligibility
Deferred Action is granted on a case by case basis. This means that even if a person meets these requirements, it is up to the Immigration Service to approve and grant the DACA application.
Will A Person be Deported for Applying for DACA?
According to the USCIS, as long as DACA applicants do not commit serious crimes or otherwise become enforcement priorities, they will not be considered of prime importance for deportation. It is always important to first speak to an experienced immigration attorney to discuss your particular immigration history and background even if you think that you do not need to work with an attorney. This will help you find out if your immigration history or background may cause you problems with the USCIS. Also remember that every case is different.
Our law office is ready to help by providing consultations to people who are interested in learning more about DACA, and ways to get a legal immigration status in the U.S. For more information or for assistance, please contact us..
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established