Deferred Action for Childhood Arrivals (DACA)
Counsel from a Cupertino Immigration Lawyer
Recent Update from USCIS Regarding DACA:
"Important information about DACA requests: Due to federal court orders, USCIS has resumed accepting requests to renew a grant of deferred action under DACA. USCIS is not accepting requests from individuals who have never before been granted deferred action under DACA. Until further notice, and unless otherwise provided in this guidance, the DACA policy will be operated on the terms in place before it was rescinded on Sept. 5, 2017. For more information, visit Deferred Action for Childhood Arrivals: Response to January 2018 Preliminary Injunction."
On June 15, 2012, a memorandum entitled Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children was issued. The memorandum provides guidelines to be followed by DHS agencies, including United States Citizenship and Immigration Services (USCIS) and Immigration and Customs Enforcement (ICE) for deferring removal of individuals who were brought to the United States as children.
The immigration action in November 2014 that came from President Obama created even more options for those seeking to qualify for DACA. The focus became deporting individuals who pose a threat to public safety and national security, rather than tearing families apart.
As of September 5, 2017, the DACA policy was rescinded. The U.S. will no longer provide for new applicants for the DACA program, but will allow renewals for individuals already protected by it.
Those individuals who met the criteria set forth in President Obama's executive action can request that the Government defer action to remove them from the United States and can apply for an Employment Authorization Document (EAD). A grant of DACA status and EAD can be renewed after two years.
DACA status by itself does not make one eligible for a green card or citizenship. However, it does make it possible to work legally in the United States and apply for a driver's license and social security number.
Qualifications for Deferred Action
Unfortunately, USCIS is no longer accepting new applications for DACA. Nonetheless, we have provided information regarding eligibility for this program. These requirements are still relevant for individuals applying for DACA renewal.
The basic criteria of eligibility for Deferred Action for Childhood Arrivals include:
- Must be younger than 31 years of age on June 15, 2012.
- Came to the country before the age of 16 years old.
- Have continuously resided in the country since June 15, 2007, up to the date of filing.
- Were physically present in the country since January 1, 2010 and present at the time of making a request for deferred action.
- Either entered the country without inspection before June 15, 2012 or a nonimmigrant visa status or parole obtained prior to June 15, 2012 was expired as of that date.
- Are currently enrolled in school or have either graduated high school or received a GED or other equivalent, or have been honorably discharged from the Armed Forces or Coast Guard.
- Have not been convicted of a felony, a significant misdemeanor, or three or more misdemeanors, and do not otherwise pose a threat to public safety or national security.
- A parent of a U.S. citizen or lawful permanent resident who has been in the country since January 1, 2010 (special employment authorization only).
The Law Offices of Timothy D. Widman is here to answer your questions about eligibility and provide assistance with gathering the necessary evidence to renew your DACA status. To ensure you understand the risk and benefits involved in being part of the DACA process, you should consult a knowledgeable attorney. Mr. Widman can also help you explore other legal options for gaining lawful status.
As a Cupertino immigration lawyer, Timothy Widman brings more than 20 years of trusted experience, and can help you with every aspect of your case.
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Contributed numerous hours of pro bono services to local, community-based organizations
Persuaded U.S. Department of State to withdraw its finding of inadmissibility
Persuaded USCIS to retract notice of rescission of adjustment of status and to approve related citizenship application
Secured certification of helpfulness to law enforcement for U visa petitioner
Secured multiple grants of Deferred Action for Childhood Arrivals (DACA)
Secured post-conviction relief in state court which became basis for successfully terminating removal proceedings.
Successfully moved to reopen (Form I-290B) USCIS denial of application of Form I-485
Successfully obtained approval of employment-based adjustment of status application under AC21
Successfully obtained H-1B petition approval for change of employer and extension of status under AC21
Successfully obtained I-601 waivers of inadmissibility