Deferred Action for Childhood Arrivals has provided relief for young people who entered the United States illegally as children and who meet certain requirements. Differed action is discretionary and can be granted to individuals who are in removal proceedings, who have final orders of removal, or who have never been in removal proceedings.
A grant of deferred action is temporary relief and under the current standard of law it does not provide a path to lawful permanent resident status or citizenship. However, a person granted deferred action is no longer deemed out of status and therefore does not continue to accumulate unlawful presence within the United States.
Requirements to qualify?
In order to be eligible for deferred action you must:
- Be under 31 years of age as of June 15, 2012.
- Have come to the U.S. under the age of 16 years old.
- Continuously resided in the U.S. from June 15, 2007 to present.
- Entered the U.S. without inspection or fell out of lawful status before June 15, 2012.
- Be currently enrolled in in school, have graduated from high school, obtained a GED, or have been honorably discharged from the Coast Guard or Armed Forces.
- You may not be convicted of a felony offense, significant misdemeanor, or more than three misdemeanors of any kind.
- An applicant may not pose a threat to national security or public safety.
- You must pay $465 application fee
What are the advantages of DACA?
There are a number of benefits that apply to you if you qualify for DACA, these are just a few:
- Allows for you to get a Social Security Number
- Allows for you to get a Driver’s License (not in AZ or NE)
- Allows for you to get a job with benefits
- Allows for you to look for scholarships and financial aid if you want to go to college or university.
- Resolve any outstanding Tax Issues
In retrospect, DACA is a very new program that may be subject to change in the future. You should only apply after consulting a qualified immigration attorney. If you hare here unlawfully and you do not meet the criteria for deferred action, you may be placed in removal proceedings. It is important that you know both the risks and benefits of applying for DACA.
Please contact us now to schedule a consultation with one of our experienced immigration attorneys.
