Deferred Action for Childhood Arrivals

Manhattan and Long Island Immigration Lawyer

Certain people who came to the United States as children and meet several guidelines may request consideration of deferred action for a period of two years, subject to renewal. They are also eligible for work authorization.

DACA Eligibility

On June 15, 2012, Department of Homeland Security (DHS) Secretary Janet Napolitano issued a NEW MEMORANDUM to U.S. Customs and Border Protection (CBP), U.S. Citizenship and Immigration Services (USCIS), and U.S. Immigration and Customs Enforcement (ICE) explaining how prosecutorial discretion should be used with respect to children who came to the United States.

Deferred action is decided on a case-by-case basis, and applicants will have to pass a background check before they can receive deferred action.

Deferred action is a DHS decision not to pursue enforcement against a person for a specific period. A grant of deferred action DOES NOT confer lawful immigration status, change a person’s current immigration status, or provide a path to citizenship. However, time in deferred action status is considered a period of authorized stay by DHS. DHS can renew or terminate a grant of deferred action at any time.

In order to establish eligibility for DACA, an individual MUST demonstrate:

  • That they were younger than 31 on June 15, 2012
  • They arrived in the U.S. before they turned 16
  • They currently reside in the U.S. and have lived here since June 15, 2007
  • They were physically present in the United States on June 15, 2012 and when they requested deferred action
  • They entered without inspection before June 15, 2012
  • Their legal immigration status expired before June 15, 2012
  • They are in school, have graduated, have their GED, or are honorably discharged veterans of the U.S. Armed Forces
  • They have not been convicted of a felony, significant misdemeanor, or more than three less serious misdemeanors
  • They do not pose a threat to national security or public safety

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