Deferred Action For Childhood Arrivals or DACA

GOOD NEWS ... DACA REVIVED...

DACA initial applications are now POSSIBLE!

In a press release dated December 7, 2020, USCIS reversed its stance and is now accepting initial DACA applications.

DACA policy on September 5, 2017, was revived by the USCIS because, on December 4, 2020, the Federal District Court of New York ordered that the USCIS memorandum suspending the DACA program was bad law.

BETTER yet...

Daca applications and the employment authorization approved for one-year will now be extended to two years. Consequently, those who received a one-year renewal extension and EAD should be notified that their approval validity is extended for another year.

First-time DACA applicants, renewal requests, DACA work permits, and advance parole applications can all now be filed.

OLD NEWS...

The attorney general terminated DACA as of September 5th, 2017

Currently...
If you came to the United States as a child and met certain guidelines, you may be eligible for deferral of removal, i.e., you may be able to postpone your deportation for two years. You may also be able to apply for employment authorization.
Deferred Action for Childhood Arrival (DACA) relief was announced on June 15, 2012, and many benefited from this program. This helped one who came to the United States as a child (before completing 16 yrs. of age) and was present in the U.S. on June 15, 2007, and was 31 yrs. or less on June 15, 2012.

To qualify for this benefit: the child should have been present in the United States for five years on June 15th, 2012, should be in school, and not have had any serious criminal conduct.

DACA grants you employment authorization. That is right! Grant of DACA provides you with a work permit, i.e., EAD valid for two years.

Extensions are possible but only if one remains eligible for the benefit. You could ask, well, having qualified for the DACA benefit once, why would I lose it? The answer is that DACA eligibility can be lost upon having a certain criminal record. So, assessing your eligibility before filing an extension is a good idea.

DACA does not provide lawful status, but it does postpone the risk of removal or deportation. Applying for this benefit does bring one to the forefront, and the deduction may be closer should the relief be withdrawn. This benefit is not an immigration status like a visa or green card.

Because many can be disqualified from receiving DACA benefits after applying and may face removal prospects, it is a good idea to contact an attorney for advice.

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