Deferred Action

Consideration of Deferred Action for Childhood Arrivals (“DACA”)

On June 15, 2012, the U.S. Department of Homeland Security (“DHS”) announced its DACA process for certain individuals who came to the United States as children/minors. If granted, individuals may be eligible for work authorization and will be protected from removal from the United States for a period of two years. After the two years, individuals can renew this process.

You may request Deferred Action for Childhood Arrivals if you:

  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. 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;
  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; and
  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. 

To see the most recent guidelines and Frequently Asked Questions, follow the link here at U.S. Citizenship & Immigration Services (“USCIS”). The U.S. Government has made an increasing effort to implement this program in its entirety and provide as much outreach as possible. If you think you qualify for this exciting process, complete our law firm’s Consultation Questionnaire or contact John W. Lawit at (214) 609-2242 to schedule a free consultation.

Consideration of Deferred Action for Childhood Arrivals 

Mitt Romney Would Honor Obama’s DACA Policy if Elected President 

In his interview Monday, October 1, 2012, Republican presidential candidate Mitt Romney affirmatively told the Denver Post that he would not revoke the two-year work permits issued to young immigrants who receive a grant of deferred action for childhood arrivals pursuant to President Barack Obama’s executive order. This summer, President Obama’s order prompted a change to the Department of Homeland Security’s enforcement policies. Under this change, young immigrants who came to the United States as children and who meet certain criteria are protected from removal from the United States for a period of two years, subject to renewal, and may be eligible to receive a work permit. Mr. Romney’s position should calm the fears of many young immigrants, who satisfy the USCIC guidelines and are eligible for an exercise of deferred action, but were otherwise hesitant to apply for the program before the 2012 presidential election.

For more a more detailed story on President Romney’s position on DACA see the following:

Allison Sherry, Denver Post, “Mitt Romney would honor Obama administration’s illegal immigrant work permits,” Post Updated October 2, 2012

Huffington Post, “Mitt Romney: Deferred Action Immigration Plan Would Remain Under My Administration,” Posted October 2, 2012

Leigh Ann Caldwell, CBS News, “Romney will keep Obama’s Immigration Policy,” October 2, 2012

Read the USCIS Frequently Asked Questions in English / Lea las Preguntas más frecuentes en español (Click the icons below to read the documents)