What Are the Guideline for Deferred Action for Childhood Arrivals (DACA)

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Many of our foreign nationals came to the United States with their parents as children. These children generally attend school in the United States and assimilate into our society. Historically, these undocumented children were not able to legal obtain employment and had limited chances of remaining in the United States. However, on June 15, 2012, the Secretary of Homeland Security announced that certain people who came to the United States as children and meet several key guidelines may request consideration of deferred action for a period of two years, subject to renewal, and would then be eligible for work authorization. The program was set up as a discretionary determination to defer removal actions. It allowed Immigration and Naturalization prosecutorial discretion. It does not provide the person with lawful status; but, does allow the person a chance to process their paperwork to become a lawful resident. You may request consideration of deferred action for childhood arrivals if you:

  1. Were under the age of 31 as of June 15, 2012;
  2. Came to the United States before reaching your 16th birthday;
  3. Have continuously resided in the United States since June 15, 2007, up to the present time;
  4. 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;
  5. Entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012;
  6. 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
  7. Have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

Like all immigration forms, do not attempt to turn in applications without the assistance of a qualified attorney. Improper forms may not only cost you the application fees, they may jeopardize your ability to remain in the United States. The Morris Law Firm, Daniel L Morris (214)357-1782 info@themorrisfirm.net

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