On June 15, 2012, the Secretary of Homeland Security announced that certain people who came to the United States as children and meet several key guidelines may request consideration of deferred action for a period of two years, subject to renewal, and would be eligible for work authorization. Deferred Action is a discretionary determination to defer removal action of an individual. Deferred action does not provide an individual with lawful status but does entitle the foreign national to obtain a work permit.
Eligible foreign nationals applying for DACA must meet the following requirements:
- Were under the age of 31 as of June 15, 2012;
- Came to the United States before reaching their 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 the request for consideration of deferred action with USCIS;
- Entered without inspection before June 15, 2012, or whose lawful immigration status expired as of 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; and
- 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.
If you are in need of an Immigration attorney handling applications for Deferred Action for Childhood Arrivals(DACA), contact the Law Office of William M. Cavanaugh today for a consultation.