Deferred Action for Childhood Arrivals (DACA)
On June 15, 2012 the government began reviewing applications filed by certain individuals requesting “deferred action”. Our office has already helped several clients prepare and submit these applications.
What is Deferred Action?
“Deferred Action” is a promise by the government not to take any action of removal against an individual for two years. For example, if you do not have legal status in the United States, the government will not begin removal proceedings against you. Also, if you are already in removal proceedings or if you have been through removal proceedings and have been ordered removed, the government will agree to close the proceedings and not enforce an order of removal for at least two years. During the two year period, you will be granted employment authorization (a work permit). At the conclusion of the two years, you may be eligible to renew your status.
You may request deferred action if you:
- * Were under the age of 31 on June 15, 2012;
- * Came to the United States before you turned 16 year old;
- * Have continuously resided in the United States since June 15, 2007, 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 deferred action with USCIS;
- * Entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012;
- * Are currently in school, have graduated from high school or 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
- * 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.
Please note. Even if you are granted deferred action, this does not mean you are a lawful permanent resident. It remains to be seen what steps the government will take after the two year status expires. The government may choose to continue extending the status for two years at a time, or the government may provide an opportunity for individuals with deferred action status to become permanent residents. If you think you may be eligible for this status, you should consult with an experienced immigration attorney immediately before submitting an application.
Call the Law Office of Pardeep S. Grewal at (510) 889-1999 and schedule an appointment to learn more about your immigration options.