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Deferred Action for Childhood Arrivals (DACA) is a form of prosecutorial discretion by which DHS deprioritizes an individual’s case for humanitarian reasons, administrative convenience, or in the interest of the Department’s overall enforcement mission. Put simply it means that, for a specified period of time, an individual is permitted to be lawfully present in the United States.
DACA allows those who were under the age of 31 on June 15, 2012, who entered the United States before June 15, 2007 as children under the age of 16, and who meet specific criteria, eligible for deferred action on a case-by-case basis.

The following are the changes that USCIS is making to DACA:

Removing the age cap.

DACA will now apply to all eligible immigrants who entered the United States before the age of sixteen (16), regardless of how old they were in June 2012 or are today. The current age restriction excludes those who were older than 31 on the date of announcement (i.e., those who were born before June 15, 1981). That restriction will no longer apply.

Extending DACA renewal and work authorization to three-years.

The period for which DACA and the accompanying employment authorization is granted will be extended to three-year increments, rather than the current two-year increments. This change will apply to all first-time applications as well as all those who are renewing after November 24, 2014.

Adjusting the date-of-entry requirement.

The cut-off date for eligibility will be changed from June 15, 2007 to January 1, 20I0.

Expanding deferred action to some parents.

USCIS will establish a process, similar to DACA, for exercising prosecutorial discretion through the use of deferred action, on a case-by-case basis, to those individuals who:


[li]Have as of November 20, 2014, a son or daughter who is a U.S. citizen or lawful permanent resident.[/li][li]Have continuously resided in the United States since before January I, 2010.[/li][li]Are physically present in the United States on November 20, 2014, and when applying for deferred action.[/li][li]Have no lawful status on November 20, 2014.[/li][li]Are not an enforcement priority.[/li][li]Present no other reason why the granting of deferred action would be inappropriate.[/li]

If you feel that you or someone you know might be a good candidate for deferred action you should contact our office today. David E. Walters is a Nevada and California Licensed Attorney with years of immigration law experience.  He will be able to give you the best legal advice for your situation and fight for your rights!

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David Walters
David Walters
David E. Walters practices immigration law in Las Vegas, Nevada. He has been licensed to practice law in California since 1998 and Nevada since 1999. He is also admitted to practice before the District Court of Nevada, Central District of California, and the Ninth Circuit. He is a member of the American Immigration Lawyers Association and Nevada Attorneys for Criminal Justice. He teaches immigration in the Hispanic Citizens’ Academy for the Las Vegas Metropolitan Police Department. Mr. Walters graduated from Loyola Law School in Los Angeles, CA in 1998. During law school, he was a member of the St. Thomas More Law Honor Society and the Loyola of Los Angeles International and Comparative Law Journal. David is married to Isabel Walters, an immigrant from Ecuador who is now a U.S. citizen. They have two children.

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