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Deferred Action Program for Young Immigrants or Childhood Arrivals–DACA (July 2012) – Part 1

Contact FitzGerald Law Company for Obtaining DACA

 

Deferred Action Program for Young Immigrants Spanish Interview in Media - Part 1Deferred Action Program for Young Immigrants Spanish Interview in Media - Part 2

Boston Immigration Attorney Desmond P. 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.

 

 

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:

  1. You were under the age of 31 as of June 15, 2012.
  2. Have entered the United States under the age of 16;
  3. 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.
  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 the USCIS;
  5. Entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012;
  6. 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;
  7. 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.

 

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?

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 carefull 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.

Can I obtain a work authorization card with DACA? How long is it good for and can it 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

Read more on this topic: DACA Newsletter Part 2

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