Deferred Action for Childhood Arrivals (DACA)
****Attention: Pursuant to Federal court orders issued on January 9th, 2018 and February 3rd, 2018, USCIS continues to accept DACA renewal applications. USCIS however is no longer accepting applications filed for initial DACA grants. If you are eligible to renew you should continue to do so.****
On June 18, 2020 the United States Supreme Court ruled that the Trump Administration failed to follow the Administrative Procedures Act and therefore unconstitutionally cancelled Deferred Action for Childhood Arrivals. Pending further action by the Department of Homeland Security this important protection remains in effect for over a million DREAMERS.
On June 15, 2012 President Obama announced a new program to benefit immigrants brought to the United States as children. This program offers a status known as deferred action to those who qualify. Deferred action allows a person to obtain a work permit valid for two years. Additionally, once a person is approved for deferred action, they may continue to renew the status every two years provided they continue to meet the requirements.
MyRights Immigration Law Firm has helped thousands of applicants apply and be approved for deferred action for childhood arrivals. Please schedule an appointment to discuss your individual case with one of our immigration attorneys.
Deferred action for childhood arrivals is not passage of the DREAM Act and the status will not convert to permanent residence unless a new immigration law is passed. However, obtaining the currently available benefit may put a person in a better position for future immigration reform and opens opportunities to obtain lawful permanent residence through strategies such as advanced parole to obtain lawful entrance and then adjustment of status.
On September 5, 2017 President Trump announced that the DACA program would be cancelled and called on Congress to provide a more permanent solution through legislation. That order was challenged in Federal Court and is currently pending a United States Supreme Court decision.
Currently USCIS accepts applications for renewal of DACA status. A person who previously help DACA may file for renewal, regardless of when that status expired. However USCIS will not accept applications for an initial grant of DACA status.
Policy to Know
- Have entered the United States prior to turning 16 years old;
- Have been under 31 years old on the day the program was announced;
- Have graduated high school, obtained a GED, or be currently in school;
- Have five years of continuous presence immediately prior to the announcement (June 15, 2007 to June 15, 2012); and
- Not be convicted of certain criminal offenses.
If a person is eligible they must submit form I-821D with all supporting evidence. Evidence should include documents demonstrating that the applicant meets the above requirements and that the applicant deserves the benefit.