ORIGINAL DACA STILL IN EFFECT BUT EXPANSION OF DACA AND START OF DAPA STILL POSTPONED
July 1, 2015
On November 20, 2014, President Barack Obama announced that the U.S. Department of Homeland Security (DHS) would not deport certain undocumented parents of U.S. citizens and parents of lawful permanent residents (LPRs). The president also announced an expansion of the Deferred Action for Childhood Arrivals (DACA) program for youth who came to the United States as children. Qualified parents and youth may be granted a type of temporary permission to stay in the U.S. called “deferred action.” These programs are expected to help up to 4.4 million people, according to the Department of Homeland Security.
Due to a federal court order, issued February 16, 2015, USCIS has not begin accepting requests for the expansion of DACA and has suspended implementation of Deferred Action for Parents of Americans and Lawful Permanent Residents.
The court's temporary injunction does not affect the existing DACA.
You may request DACA if you:
Were under the age of 31 as of June 15, 2012;
Came to the United States before reaching your 16th birthday;
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 consideration of deferred action with USCIS;
Had no lawful status on June 15, 2012;
Are currently in school, have graduated or obtained a certificate of completion 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; and
Have not been convicted of a felony, significant misdemeanor,or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.
You may request a renewal if you met the initial 2012 DACA guidelines and you:
Did not depart the United States on or after Aug. 15, 2012, without advance parole;
Have continuously resided in the United States since you submitted your most recent DACA request that was approved; and
Have not been convicted of a felony, a significant misdemeanor, or three or more misdemeanors, and do not otherwise pose a threat to national security or public safety.
DACA is a purely discretionary form of protection from deportation. That means that USCIS may disqualify applicants who have serious immigration violations in their history or have committed several offenses, such as multiple reentries, as well as immigrants who have been deported in the past.
If the DACA program ends at some later date (due perhaps to a change of presidential administration or the passage of a contrary immigration law) certain immigrants who have submitted this information may be subject to scrutiny from the immigration enforcement authorities in the future.
USCIS continues to accept renewal applications or initial applications from people who qualify under the DACA criteria announced in June 2012. (original guidelines).
SYED LAW can help you file your DACA application or renewal in a quick and proper manner.
In addition, SYED LAW can help you assess whether a criminal conviction, or if certain immigration law violations, could disqualify you from DACA relief and possibly lead to an ICE referral. We can help you obtain a copy of your state criminal record or a FBI background check and advise you whether or not you should apply.