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Deferred Action for Childhood Arrivals–DACA (August 2012)
November 16th, 2022
Contact FitzGerald Law Company for Obtaining DACA
Boston Immigration Attorney FitzGerald speaks about the new Obama Deferred Action policy for young immigrants or childhood arrivals (DACA) on interview with Dr. Luisa Medrano of Perfil Latino.
Read about the New DACA Rules as of Set., 5, 2017
- What is the Deferred Action for Childhood Arrivals (DACA), the President announced on June 15, 2012?
- Does the policy of Deferred Action for Young Immigrants or Childhood Arrivals apply to those who have a final order of deportation or are about to be removed?
- When can you start applying for Deferred Action for Young Immigrants or Childhood Arrivals?
- What documentation do I need to present evidence that I qualify for the program of Deferred Action for Young Immigrants or Childhood Arrivals?
- How long will it take to get DACA?
- For how long will Deferred Action for Young Immigrants or Childhood Arrivals last?
- Can I obtain a work authorization card with DACA? How long is it good for and can it be renewed?
- Will I be subject to a background check before I can receive Deferred Action for Young Immigrants or Childhood Arrivals?
- What is a felony?
- What is a “significant misdemeanor”?
- What is considered being convicted of “multiple misdemeanors” that renders an individual ineligible for Deferred Action for Young Immigrants or Childhood Arrivals under this policy?
What is the Deferred Action for Childhood Arrivals (DACA), the President announced on June 15, 2012?
DACA is a government program initiated by an executive/presidential order by which individuals who came into the United States as young children (under the age of 16), and meet the eligibility criteria outlined below, may be granted Deferred Action or relief from removal/deportation from the US. The initial grant of Deferred Action will be for a period of two years, subject to renewability. Recipients of Deferred Action will also be able to apply for work authorization, provided they can demonstrate economic necessity. To apply the individual must complete a background check and be at least 15 years old, or younger if they are subject to a final order of removal. To be eligible, an individual must meet the following eligibility criteria:
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- You were under the age of 31 as of June 15, 2012.
- Have entered the United States under the age of 16;
- Have continuously resided in the United States since June 15, 2007 (or 5 years prior the announcement date of this program) 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 the USCIS;
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- Entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012;
- Currently be in school, have graduated 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;
- Have not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses (see definitions below), and do not otherwise pose a threat to national security or public safety.
Yes, if they meet the eligibility criteria for Deferred Action for Young Immigrants or Childhood Arrivals mentioned above. Those who are about to be removed and are eligible, should immediately contact the Law Enforcement support center’s hot line at:
1-855-448-6903 or the ICE office of the Public Advocate’s hotline at: 1-888-351-4024.
When can you start applying for Deferred Action for Young Immigrants or Childhood Arrivals?
The USCIS had 60 days from the date of the President’s announcement on June 15, 2012, to establish the process for DACA (Deferred Action for Childhood Arrivals) and is accepting applications since August 15, 2012.
FitzGerald & Company, LLC is making appointments for those who want to hire legal help to review eligibility and to prepare the application and supporting documentation (this is particularly recommended for those who have had criminal charges in the past and need to make sure that they are eligible before applying, or to see if there is something that can be done to change the disposition of a criminal case, and for those who have spent time outside the US during the time they should have remained in the US to be eligible).
Our Boston Immigration lawyers will be following this process careful and will make announcements via our newsletter and facebook page. Become a fan and follow our announcements at: www.facebook.com/fitzgeraldimmigration
What documentation do I need to present evidence that I qualify for the program of Deferred Action for Young Immigrants or Childhood Arrivals?
Documentation that proves that you have been physically present in the US for at least 5 years, that you have been in school, graduated, have a GED, or have served in the Coast Guard or Armed Forces, and that you came here before 16 years of age.
Documentation may include but is not limited to financial records (i.e. bank statements, taxes, etc.), medical records, school records (i.e. diplomas, report cards, school transcripts, GED certificates, etc.), employment records (i.e. pay stubs, W-2s, etc.), and military records (i.e. report of separation forms, military personnel records, and military health records, etc.)
How long will it take to get DACA?
Even though it is difficult to estimate the time that a new immigration process will take, FitzGerald & Company, LLC estimates that the process should take between 6 and 8 months, given our experience and the process’ similarity with that for TPS.
FitzGerald & Company LLC, will be following this process carefully and will make announcements via our newsletter and facebook page. Become a fan and follow our announcements at: www.facebook.com/fitzgeraldimmigration
For how long will Deferred Action for Young Immigrants or Childhood Arrivals last?
Deferred Action for Young Immigrants or Childhood Arrivals will be granted for a period of 2 years and it may be renewed.
Yes you may obtain work authorization if you can demonstrate economic necessity. The work authorization permit is good for one year and it may be renewed.
Will I be subject to a background check before I can receive Deferred Action for Young Immigrants or Childhood Arrivals?
Yes. All applicants will have to undergo biographic and biometric (electronic fingerprint submission) background checks prior to receiving Deferred Action.
What is a felony?
It is a federal, state, or local criminal offense punishable by imprisonment for more than one year.
What is a “significant misdemeanor”?
It is a federal, state, or local criminal offense punishable by imprisonment of one year or less or no imprisonment that involves: violence, threats, or assault, including domestic violence; sexual abuse or exploitation; burglary, larceny, or fraud; driving under the influence of alcohol or drugs; obstruction of justice or bribery; unlawful flight from arrest, prosecution, or the scene of an accident; unlawful possession or use of a firearm; drug distribution or trafficking; or unlawful possession of drugs.
What is considered being convicted of “multiple misdemeanors” that renders an individual ineligible for Deferred Action for Young Immigrants or Childhood Arrivals under this policy?
Being convicted of three or more other misdemeanors not occurring on the same day and not arising out of the same act, omission, or scheme of misconduct
As anticipated, the Deferred Action Program for Young Immigrants or Childhood
Arrivals (DACA) started August 15, 2012 or 60 days after PresidentObama’s announced its creation (click here for eligibility requirements). We are making appointments for those who want to hire legal help to review eligibility and to prepare the application and supporting documentation (this is particularly recommended for those who have had criminal charges in the past and need to make sure that they are eligible before applying, or to see if there is something that can be done to change the disposition of a criminal case, and for those who have spent time outside the US during the time they should have remained in the US to be eligible).
We want to encourage everyone who is eligible to apply for this benefit as it is an opportunity for the immigrant community to demonstrate the value and contributions that they are capable of making to the US if given permission to work and live in the U.S. and hopefully encourage lawmakers to pass positive immigration reform.
Below are some additional questions and answers regarding the Deferred Action Program for young immigrants or Childhood Arrivals (view more questions on DACA from our earlier newsletter, including eligibility requirements and documentation needed)
What should I do if I have been involved in any criminal proceeding?
It is very important that before you apply for the Deferred Action Program for Young Immigrants or Childhood Arrivals, that you have an attorney experienced in both immigration and criminal defense review all your records pertaining to the matter, including but not limited to police reports, court records, docket sheets, probation reports, etc. There are certain situations in which we can go back to court and reopen a case and/or modify a disposition so that it does not have a negative impact for immigration purposes and the person may qualify for Deferred Action.
Can immediate family members or dependents get DACA as well?
No, unless they satisfy the eligibility criteria for Deferred Action for Young Immigrants or Childhood Arrivals (DACA) themselves.
Does Deferred Action for Young Immigrants or Childhood Arrivals result in permanent lawful status for those who receive it?
No. DACA does not provide permanent lawful status nor a pathway towards it. Only the congress can create or modify laws to confer the right to permanent lawful status.
Does this policy apply to those who have had their case reviewed under the case by case review process and have not been offered administrative closure, or have either accepted or declined an offer of administrative closure?
Yes, if they meet the eligibility criteria outlined above for DACA.
If DACA is denied will the person be placed in removal/deportation proceedings?
Individuals whose request for Deferred Action for Young Immigrants or Childhood Arrivals is denied will be referred to ICE only if they have a criminal conviction or there is a finding of fraud in their request. ICE will apply its existing Notice to Appear guidance governing USCIS’s referral of cases to ICE.
Will there be any exceptions for the requirement that an individual must have resided in the US for at least 5 years?
Brief, casual and innocent absences will not violate this requirement. If you were absent from the United States for any period of time, your absence will be considered brief, casual, and innocent, if it was before August 15, 2012, and:
- The absence was short and reasonably calculated to accomplish the purpose for the absence;
- The absence was not because of an order of exclusion, deportation, or removal;
- The absence was not because of an order of voluntary departure, or an administrative grant of voluntary departure before you were placed in exclusion, deportation, or removal proceedings; and
- The purpose of the absence and/or your actions while outside the United States were not contrary to law.
If I receive Deferred Action for Young Immigrants or Childhood Arrivals will I be allowed to travel outside the US?
This may be possible only if you are approved for advanced parole, for
which you can apply only after you have been granted Deferred Action for Childhood Arrivals. You should not travel outside the US after August 15, 2012 or before you are granted Advanced Parole, as you will not be considered for Deferred Action under this process.
Note:
If you are in unlawful status and/or are currently in removal proceedings, and you leave the United States without a grant of advance parole, you will be deemed to have removed yourself and will be subject to any applicable grounds of inadmissibility if you seek to return.
Can a denial of Deferred Action for Young Immigrants or Childhood Arrivals be appealed?
No, but a process has been established to request a review if it is believed that the case was mistakenly denied.
What steps will the USCIS and ICE take to prevent fraud in the Deferred Action for Young Immigrants or Childhood Arrivals process?
Anyone who knowingly provides incorrect information or omits facts to the USCIS or ICE to obtain Deferred Action or work authorization will be treated as an immigration enforcement priority and be subjected to criminal prosecution and/or deportation from the US.
