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