President Obama issued two executive orders that will benefit approximately 5 million undocumented immigrants in the United States, namely Deferred Action and a 601 Provisional Waiver. This article will discuss Deferred Action, otherwise known as DACA. The DACA executive order expands deferred action to parents of US Citizens and Lawful permanent residents that have been in the United States since January 1, 2010. Previously deferred action was available to children that were brought to the United States prior to their 16th birthday along with specific age requirements and are under 31 years of age. The new executive order for DACA eliminates the age requirement. The broader eligibility requirements should make more undocumented immigrants that entered the United States either illegally or overstayed a visa eligible for deferred action. The primary benefit of deferred action is lowering the risk of being deported and gaining employment authorization. Deferred action is extended to a term of 3 years as opposed to the previously granted two years. The downside of deferred action is it does not provide immigration status such as permanent residence or naturalization. To see if you are eligible for deferred action, please visit our DACA or Deferred Action page.
Feel free to contact one of our experienced immigration lawyers to schedule a consultation to analyze your case for deferred action and any other relevant immigration options available to you.