DACA ensures that certain individuals who do not pose a threat to national security can be protected from deportation for a period of two years.
The DACA program was initiated in 2012. The purpose of this program was to allow enforcement resources to be used on the removal of individuals who pose a danger to national security or a risk to public safety, including individuals convicted of crimes, with emphasis on violent criminals, felons, and repeat offenders, while Department of Homeland Security exercises prosecutorial discretion in low priority cases. This means that cases in which there is an undocumented person who meets the guidelines of DACA, which ensures that the individual does not fall within those that pose a threat to national security, they can request consideration under the deferred action for childhood arrivals for a period of two years, and they can then renew after the two-year period.
If approved, what does this request grant you? You will be deferred from possible deportation so long as you remain eligible, and you will be eligible for employment authorization.
What does the grant of DACA NOT grant you? It does not provide legal status; you are just protected from deportation for the two-year period.
What are the requirements to be considered for DACA?
- Were under the age of 31 as of June 15, 2012;
- Came to the United States before reaching your 16th birthday;
- Have continuously resided in the United States since June 15, 2007, up to the present time;
- 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;
- Entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012;
- 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
- 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.
These requirements may seem straightforward, but in certain circumstances, they require a more in-depth analysis. In order to be sure that you or your family member qualifies prior to applying, contact our office in Huntersville, North Carolina to speak with an immigration attorney.