DEFERRED ACTION FOR CHILDHOOD ARRIVALS (DACA)

Keeping Families Together – Temporary Relief From Deportation

Deferred Action for Childhood Arrivals (DACA) provides temporary relief from deportation (deferred action) and work authorization to certain young undocumented immigrants. These undocumented youth came to the U.S. as children. Unlike federal legislation, DACA does not provide permanent legal status to individuals and must be renewed every two years. 

When an immigrant is granted “deferred action,” it means the Department of Homeland Security (DHS) has deemed the individual a low priority for immigration enforcement and has chosen to exercise its discretion and not deport the individual. Deferred action provides temporary relief from enforcement but may be revoked at any time. Deferred action is not amnesty or immunity. It does not provide lawful immigration status or a path to a green card or citizenship. It does not extend to any family members of the person granted deferred action.

Deferred action for childhood arrivals attorney in savannah

Deferred action will be granted for a two-year period, after which recipients may request a renewal. According to DHS, individuals will be eligible for future renewals of deferred action so long as they were under age 31 on June 15, 2012.

Yes. Under existing regulations, individuals with deferred action may receive an Employment Authorization Document (EAD). Individuals who wish to request an extension of deferred action after two years will also have to apply for a renewal of their EAD.

No. One family member cannot request deferred action on behalf of another. To receive deferred action, individuals must submit their own requests.

Individuals requesting deferred action must submit three forms:

  • Form I-821D, Consideration of Deferred Action for Childhood Arrivals
  • Form I-765, Application for Employment Authorization
  • Form I-765WS, Form I-765 Worksheet
  • Government processing fee (exemptions are possible for impoverished individuals)
  • Supporting documentation to demonstrate eligibility

Immigration laws are complicated. There are likely to be many questions about eligibility, documentation and the potential consequences of applying for deferred action. For these reasons, applicants should consider seeking the advice of immigration attorneys or accredited representatives. 

According to DHS, such persons will only be placed in removal proceedings if:

  • They engaged in fraud during the application process
  • Have been convicted of an offense making them removable from the U.S.
  • Under investigation or have been arrested for an “egregious public safety” criminal offense.
  • Pose a threat to national security.

There is no deadline to submit requests for deferred action under the initiative. However, because of existing provisions of the immigration laws, qualified individuals could avoid future legal problems by submitting their requests prior to their 18th birthday and having their requests approved no later than 180 days after their 18th birthday.

No, if the departure is considered “brief, casual, and innocent.” To meet this standard, a departure must have been:

  • “Short and reasonably calculated” for the purpose of the travel
  • Not the result of a removal order or order of voluntary departure
  • Not made for unlawful purposes. 

However, this standard only applies to foreign travel completed before August 15, 2012. Unless an individual has already received deferred action, any departure from the U.S. after August 15, 2012, will break the continuous residence requirement and result in the denial of a pending or subsequent request.

To qualify for deferred action, applicants must be enrolled on the date of the application in: 

  • Elementary school, middle or junior high school, or high school
  • An education, literacy, or career training program
  • A program to assist students in obtaining a high school diploma (or its equivalent) or passing a General Educational Development (GED) or another equivalent State-authorized exam

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