On June 15, 2012, the Obama administration announced its intention to launch an initiative for the thousands of immigrants who were brought to the United States as children and who had no immigration status. Since its inception, the measure has not only protected millions of minors but has also been a bold response to the so many times criticized US immigration system.
What is DACA? What does "Deferred Action" mean?
When an immigrant is granted “deferred action,” it means the Department of Homeland Security (DHS) has deemed the individual a low priority for immigration enforcement purposes. Accordingly, it has chosen to exercise its discretion and not deport the individual. Deferred action provides temporary relief from enforcement but may be revoked at any time. Deferred action is not amnesty or immunity. Additionally, it does not provide lawful immigration status or a path to a green card or citizenship.
Who is eligible for deferred action?
Came to the United States before their 16th birthday;
As of June 15, 2012, they were under the age of 31 and did not have an immigration status;
Have been continuously in the United States since June 15, 2007;
Are currently studying, graduated from high school, obtained a GED, or were discharged from the Armed Forces;
Have not been convicted of a "felony," or three or more misdemeanors, and who do not pose a threat to national security or public safety.
How long does DACA protection last?
Can a person who is granted DACA legally work in the United States?
Can eligible persons also apply for protection for their parents and siblings?
No. The request for DACA and the benefit of non-deportation is exclusively for minors who meet the requirements of the law.
How and when can people apply for DACA?
It is best to consult an attorney in order to file a complete petition. In addition to completing the forms, the applicant must present sufficient evidence about his good character, his residence, his arrival in the United States, his studies, among others. The completed file is submitted to the USCIS. Once the USCIS determines that the application is complete, it will issue a receipt notice or I-797 and schedule an appointment to have the applicant fingerprinted.
What forms must be submitted?
Individuals applying for DACA must submit three forms:
Form I-821D, Consideration of Deferred Action for Childhood Arrivals
Form I-765, Application for Employment Authorization; and
Form I-765WS, Form I-765 Worksheet.