DEFERRED ACTION

Deferred Action for Childhood Arrivals (DACA)

Deferred action is a discretionary determination to defer removal action of an individual as an act of prosecutorial discretion. Deferred action does not provide an individual with lawful status.

Deferred Action is a temporary reprieve from deportation for 2 years, it is not a permanent reprieve and it is not currently a pathway to residency or citizenship. However, the President has indicated that the deferred action status may be renewed every two years. It is important to understand that this 2 year renewal policy may change depending upon the administrative policy of the President at the time that renewal becomes necessary.

Deferred Action (DACA) Guidelines for the Exercise of Prosecutorial Discretion

On June 15, 2012, Janet Napolitano, the Secretary of Homeland Security, in the exercise of prosecutorial discretion,  set forth a framework that certain people who came to the United States as children and meet several key guidelines may request consideration of deferred action for a period of two years, subject to renewal, and would then be eligible for work authorization.

The memorandum states that the Department of Homeland Security (DHS) should exercise prosecutorial discretion in the  enforcement of the nations immigration laws against certain young people who were brought to this country as children and  know only this country as home. As a general matter, these individuals lacked the intent to violate the law.

Deferred Action Guideline Conditions

  1. Were under the age of 31 as of June 15, 2012.
  2. Came to the United States before reaching your 16th birthday.
  3. Have continuously resided in the United States since June 15, 2007, up to the present time.
  4. 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.
  5. Entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012.
  6. 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.
  7. 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.

Consideration for Deferred Action Process

Anyone requesting consideration for deferred action under this process must have been under 31 years old as of June 15, 2012. You must also be at least 15 years or older to request deferred action, unless you are currently in removal proceedings or have a final removal or voluntary departure order.

To begin the filing process start collecting suppporting documents for your request for consideration of deferred action for childhood arrivals. Next, contact the experienced deferred action attorney’s at Brandt Immigration who will discuss your particular situation and complete Form I-821D, Consideration of Deferred Action for Childhood Arrivals on your behalf.

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