Procedures for Deferred Action for Childhood Arrivals

Contributed by Melanie Corrin

The United States Citizenship & Immigration Service (CIS) announced a portion of its procedures for Deferred Action for Childhood Arrivals (DACA) program; commonly known as deferred action for DREAMers.  Through this procedure, as of August 15, 2012 eligible applicants who meet the following criteria can apply for Deferred Action:

1. Under the age of 31 as of June 15, 2012
2. Came to the US before reaching 16^th birthday
3. Continuous physical presence June 14, 2007 – June 15, 2012
4. Present in the US on June 15, 2012
5. Entered without a visa or their visa expired as of June 15, 2012
6. Currently enrolled in school/GED program or have obtained high school diploma/GED or be United States Military veteran with honorable discharge
7. No felony convictions, No significant misdemeanor conviction, Cannot have 3 or more misdemeanor convictions

Portion of this program have very specific definitions and requirements, including what defines a felony, a serious misdemeanor and a misdemeanor.  It is important to speak with an attorney prior to determining eligibility, potential relief and potential pitfalls to ensure you are not putting yourself at risk.

DACA is temporary, and if granted, is approved in two year increments.  USCIS has not published the form, and will not do so until August 15, 2012; the first day individuals are eligible to apply.  The filing fee will be a total of $465.00 and will include biometrics collection, background checks and the application for employment authorization.

If you are interested in DACA or think you may be eligible, contact us to discuss your case.