On June 15, 2012, President Obama’s announced an immigration policy called Deferred Action for Childhood Arrivals (DACA) that stops deportation of many undocumented immigrants and permits them to work legally in the U.S. Deferred action, also known as prosecutorial discretion, is not new. It has been a routine part of immigration law since 1971, allowing the president to stop, suspend, or temporarily exempt individuals from deportation for different reasons. For many, this procedure may the only way to get a work permit and live legally in the U.S., albeit temporarily.
EXPANDED DACA – LEARN MORE ABOUT THE TEMPORARY HOLD ON EXPANDED DACA CASES
On November 20, 2014, President Obama expanded DACA and the NEW requirements are:
- Arrived in the U.S. before age 16;
- Continuously resided in the U.S. since January 1, 2010, up to the present;
- Physically present in the United States on November 20, 2014, and at the time of making your request for consideration of deferred action;
- Entered without inspection before November 20, 2014 or your lawful immigration status expired as of November 20, 2014;
- Are currently in school, have graduated or obtained a Certificate of Completion from high school, have obtained a GED, or are an honorably discharged veteran of the Coast Guard or U.S. armed forces; and
- Have not been convicted of a felony, a significant misdemeanor, or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.
Keep in mind that deferred action does protect you from deportation (“removal”) from the U.S., but it is not “amnesty” and does not lead to permanent residence (green card) or citizenship. It is temporary three-year status that can be renewed indefinitely. However, renewal is not guaranteed. The president can change the policy at any time. Unlike permanent residence, citizenship, or even a visa, deferred action is not an immigration status. If your initial application or renewal request is denied, you can be deported.
Immigration applications are never “just forms.” There are complex legal rules and consequences to every application. Before you make the decision to apply for deferred action, talk to a qualified immigration attorney to see if the rewards of deferred action outweigh the risks and find out if you have other options.
Get the right help to guide you through complex immigration rules. For your specific life-changing immigration matter, call 214-472-2161 or complete the form to schedule a confidential and thorough case review with one of our attorneys.