September 28, 2012
As of June 15, 2012 certain young people brought to the United States as children are eligible to request deferred action. Deferred Action for Childhood Arrivals (DACA) is a discretionary determination to defer removal action of an individual as an act of prosecutorial discretion. Under this process, U.S. Citizenship and Immigration Services (USCIS) will consider requests on a case-by-case basis. While this process does not provide lawful status or a pathway to permanent residence or citizenship, individuals whose cases are deferred will not be removed from the United States for a two-year period, subject to renewal, and may also receive employment authorization. To be considered for this process, you must demonstrate that:
- You came to the United States before reaching your 16th birthday;
- You have continuously resided in the United States since June 15, 2007, up to the present time;
- You were under the age of 31 as of June 15, 2012;
- You entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012;
- You are currently in school, have graduated or obtained your certificate of completion from high school, have obtained your general educational development certification, or you are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States;
- You have not been convicted of a felony, significant misdemeanor, or three or more misdemeanors, and do not otherwise pose a threat;
- You were present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS.
For more information on the DACA initiative, please visit the Q&A presented by the American Immigration Council.
