Deferred Action for Childhood Arrivals (DACA)
Deferred action is a use of prosecutorial discretion to defer removal action against an individual for a certain period of time. On June 15, 2012, the USCIS announced that certain individuals who came to the United States as children may request consideration of deferred action for a period of two years.
Who is Eligible for DACA?
- Individuals under the age of 31 as of June 15, 2012.
- Individuals who 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.
- Had no lawful status on 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.
- Have not been convicted of a felony, significant misdemeanor or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.
DACA does not confer permanent residency; however, DACA will be valid for 2 years, is renewable and provides the DACA applicant with work authorization and a social security provided the applicant remains in valid DACA status and temporary protection against deportation. For help with your DACA application contact our experience immigration attorney to establish your eligibility.
We Support DACA
Call us today at (954) 530-1717 for all your immigration needs.
If USCIS Does Not Grant DACA in Your Case
If USCIS decides not to grant DACA, that decision cannot be appealed neither can you file a motion to reopen or reconsider. USCIS will not review its discretionary determinations and the agency can refer the case to U.S. Immigration and Customs Enforcement (ICE) and the issuance of notices to appear. If your case does not involve a criminal offense, fraud, or a threat to national security or public safety, USCIS generally will not refer your case to ICE.
You will not be considered for DACA if you have been convicted of:
- A felony offense.
- A significant misdemeanor offense.
- Three or more other misdemeanor offenses not occurring on the same date and not arising out of the same act, omission, or scheme of misconduct.