On June 15, 2012, the Secretary of Homeland Security announced that certain people who came to the United States as children and meet certain guidelines may request consideration of deferred action for a period of two years. If deferred action is granted, then you will be eligible for work authorization. Deferred action for childhood arrival (DACA) does not provide lawful status.
Who is Eligible
- Were under the age of 31 as of June 15, 2012;
- Came to the United States before reaching their 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.
However, on November 20, 2014 the Obama administration expanded DACA. The restriction on the age cap was eliminated and it is now open to those who are over 30 years of age. The administration has adjusted the date-of-entry cut-off date from June 17, 2007 to January 1, 2010. Lastly, the DACA renewal and work authorization was extended to three years effective November 24, 2014.
Deferred Action for Parents
Moreover, the Obama administration has expanded Deferred Action to parents.
Who is eligible:
- have a son or daughter who is a U.S. citizen or lawful permanent resident;have continuously resided in the U.S. prior to January 1, 2010;
- are physically present in the U.S. as of November 20, 2014, and at the time of making a request for deferred action with USCIS; have no lawful status as of November 20, 2014;
- are not an enforcement priority as more fully defined in this new regulation; and,present no other factor that, in the exercise of discretion, makes the grant of deferred action inappropriate.
We can help answer all of your questions about this new program and whether or not you or your family members may qualify.