What is “Deferred Action”?Deferred action is a form of prosecutorial discretion issued for humanitarian purposes, which essentially suspends or deprioritizes a class of individuals case for a period of time. While not granting any immigration status, , Deferred Action simply allows undocumented aliens or people out of immigration status to stay in the United States for a determined period of time.
Who can benefit from a deferred action status?There are now two possible methods to be eligible for Deferred Action. The immigrant must either has arrived to the U.S. before turning 16 years old, and been in the US since January 1, 2010 (this is known as DACA); or be the parent of a US Citizen or permanent resident who has been to the U.S. since January 1, 2010 (this is known as DAPA).
What is Deferred Action for Childhood Arrivals DACADeferred Action for Childhood Arrivals, also known as DACA, is an immigration policy that grants certain undocumented immigrants who entered the US before turning 16 years old and have been in the US since January 1, 2010. Upon approval of a DACA application, the DACA recipient will be permitted to legally stay in the United States and apply for employment authorization for a period of 3 years, subject to renewal. DACA does not grant any immigration status or a path to citizenship. In limited situations, temporary travel outside the United States may be approved for DACA recipients. A formal application is required for DACA, which is why you should consider the representation of an experienced immigration lawyer such as the Cipolla Law Group.
Requirements for DACAOnce the revised criteria is implemented by USCIS (likely by February 20, 2015 or earlier), to qualify for DACA the childhood arrivals must meet the following requirements:
- Came to the United States before reaching your 16th birthday, even if born prior to June 15, 1981;
- Have continuously resided in the United States since January 1, 2010, up to the present time;
- Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
- Had no lawful status on June 15, 2012;
- Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
- Have not been convicted of a felony, significant misdemeanor,or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety – not an enforcement priority
What are the benefits of a DACA status?
- Work legally within United States.
- Obtain a State ID.
- Obtain a Driver’s License.
- Travel outside of the U.S. for humanitarian, educational and business purposes.
- Will subject to removal/deportation proceedings or be removed for a period of 3 years.