On June 15, 2012, the Department of Homeland Security announced that certain people who came to the United States under the age of 16 and meet other necessary guidelines may be eligible to receive deferred action.
U.S. Citizenship and Immigration Services (USCIS) began accepting applications under DACA for all non-detained applicants on August 15, 2012. Persons who are currently detained and are eligible for deferred action may apply only with U.S. Immigration and Customs Enforcement (ICE).
To obtain deferred action, applicants must:
1. Have arrived in the United States before their 16th birthday;
2. Have resided continuously in the United States since June 15, 2007;
3. Have been physically present in the United States on June 15, 2012;
4. Be currently in school, have graduated from high school, have received their GED, OR have served in the Armed Forces or the Coast Guard of the United States;
5. Have NOT been convicted of a felony, significant misdemeanor, OR three or more misdemeanors; AND
6. Were born after June 15, 1981.
Applicants who are not currently in removal proceedings must be at least 15 years of age to apply.
The application requires the submission of forms I-821D, I-765, and I-765 Worksheet, as well as detailed documentation showing compliance with the above requirements.
The cost of the application is $465, with fee exemptions available in some circumstances. All applicants are required to provide biometrics and undergo background checks with USCIS.
If you think you might be eligible or have questions for an experienced immigration attorney, please do not hesitate to contact our firm.