Law Office of Tanya M. Powers, PLLC

 

Deferred Action for Childhood Arrivals (DACA)

On June 15, 2012, President Obama announced that the Department of Homeland Security (DHS) would exercise prosecutorial discretion when enforcing United States immigration laws. As part of this prosecutorial discretion, certain young people who were brought to the United States as children may qualify for Deferred Action. 

 

Initially, to be eligible the has criteria has been:

To be eligible for deferred action, you must have

  • Come to the United States under the age of sixteen (16);
  • Continuously resided in the United States  between June 15, 2007 and June 15, 2012;
  • Been living in the United States on June 15, 2012;
  • U.S. education or be a veteran. Specifically, fall into one of these categories:

o   be currently enrolled in school,

o   have graduated from high school,

o   have obtained a general education development (GED) certificate, or

o   be an honorably discharged veteran of the Coast Guard or Armed Forces of the United States;

  • Not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise poses a threat to national security or public safety;
  • Not be above the age of thirty (30); and
  • Be at least fifteen (15) years old, unless you have a final order of removal.



On January 20, 2014, President Obama announced that the DACA program would be expanded.  The new requirements will be:

  • Came to the United States under the age of sixteen (16);
  • Continuously resided in the United States  since January 1, 2010;
  • Been living in the United States on June 15, 2012;
  • U.S. education or be a veteran. Specifically, fall into one of these categories:

o   be currently enrolled in school,

o   have graduated from high school,

o   have obtained a general education development (GED) certificate, or

o   be an honorably discharged veteran of the Coast Guard or Armed Forces of the United States;

  • Not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise poses a threat to national security or public safety;and
  • Be at least fifteen (15) years old, unless you have a final order of removal.

The requirement that applicants not be over the age of thirty (30) will be removed.



 The expanded DACA should be available on February 18, 2015.





Documentation

Only those individuals who can prove through verifiable documentation that they meet the criteria for deferred action will be eligible.  Examples of some of the documentation that may be required include:

Financial records

Medical records

School records

Employment records

Military records

School diplomas

GED certificate

Report cards

School transcripts

Birth Certificate



Fees

Currently, the government filing fee is $465.


Status

Previously, if an individual is approved, he or she was granted deferred action for a period of two (2) years.  Under the revised DACA, approved individuals will be granted deferred action for a period of three (3) years.

Individuals granted deferred action are also eligible for work authorization.

Deferred action does not grant lawful status within the United States, nor is it a pathway to U.S. citizenship.



Travel

For those individuals granted DACA, travel outside the United States is only possible if advance parole is granted.  Advance parole will only be considered for the following purposes:

  • Educational purposes;
  • Employment purposes;
  • Humanitarian purposes.


How many people have applied for DACA?

As of June 2014, U.S. Citizenship and Immigration Services (USCIS) has accepted 675,476 applications for Deferred Action for Childhood Arrivals (DACA). Of those, 580,859 have been approved and 23,881 have been denied.



Anyone impacted by this should be careful of notarios and unlicensed consultants who will use this announcement to try and scam people. Don't let someone ruin your chances for possible benefit; seek qualified counsel for these important decisions. 
The article above provides general information about DACA and is not intended to be legal advice. If you have questions specific to your case, to schedule a consultation, please call immigration lawyer Tanya Powers at (704) 556-1156 for the Charlotte office, (828) 394-1196 for the Hickory office, or click here.

 




Law Office of Tanya M. Powers, PLLC ♦ tanya.powers@tmpowerslaw.com

520 8th Street NE ♦ Hickory, NC 28601 ♦ (828) 394-1196

5200 Park Road, Suite 221 ♦ Charlotte, NC 28209  ♦ (704) 556-1156

Site Map

Translate This Page

 

The Law Office of Tanya M. Powers, PLLC ("the Law Office") maintains this website to provide general information about the firm and the services it provides to its clients.  The information contained on this website is not intended to be legal advice and it should not be relied on as a substitute for seeking legal counsel.   The Law Office does not seek to enter into an attorney-client relationship with any reader of its on-line content.  An attorney-client relationship with the firm can only be formed based on personal consultation with an attorney, followed by a determination that the Law Office is willing and able to accept such representation.