CONSIDERATION FOR DEFERRED ACTION FOR CHILDHOOD ARRIVALS

A new form of relief is available to persons who were brought into the U.S. at a young age and who meet certain criteria. Deferred action, also known as DACA, is a discretionary decision by the Department of Homeland Security (DHS) not to deport a person, or pursue enforcement action against them as an act of prosecutorial discretion. If granted, the person will be legally permitted to reside and work in the U.S. for a period of at least two years.

Qualifications for Deferred Action

You may request consideration for deferred action for childhood arrivals if you:

  • Were under age of 31 as of June 15, 2012;
  • Were physically present in the U.S. on June 15, 2012;
  • Entered the U.S. before June 15th, 2007 and continuously resided in the U.S. since that date;
  • Entered the U.S. under age 16;
  • Earned a high school diploma, GED, or are a current student; or honorably discharged from the Coast Guard or U.S. Armed Forces;
  • Have not convicted of a felony, a significant misdemeanor, or multiple misdemeanors; and
  • Do not pose a threat to national security or public safety.

Under existing regulations, an individual whose case has been deferred is eligible to receive employment authorization for a period of two years, provided he or she can demonstrate “an economic necessity for employment.” You may be able to renew your employment authorization every 2 years if the program remains in place. The DHS can terminate or renew deferred action at any time at the agency’s discretion.

If I apply for deferred action, are there any risks involved?

A grant of deferred action is not guaranteed, it is up to the discretion of the Government to grant or deny the application on a case by case basis. It is critical to have your immigration attorney review your criminal history records prior to filing an application. This ensures that your case will be handled in the most proper and efficient manner.

What happens if my application is denied?

The decision to grant or deny the application is discretionary, which means immigration officers will consider each case on an individual basis and under a totality of the circumstances standard. Furthermore, there is no right to appeal. You cannot file a motion to reopen or reconsider if your request is denied. This is why it is important to have an immigration attorney prepare and supplement your application. We are here to help you put together a clear and well-documented package in order to maximize your chances of approval. Call us today!