Deferred Action

Cleveland Deferred Action Lawyer. Charlotte DACA Attorney.

On June 15, 2012 the Department of Homeland Security initiated a policy to protect certain foreign nationals from removal actions. This process is called Deferred Action for Childhood Arrivals (DACA). The following is a list of criteria that individuals must demonstrate in their request for consideration of deferred action. If granted, the foreign national will not have any action taken against them for a period of two years. This period of time is subject to renewal. Applicants are eligible for employment authorization.

Here's the criteria for DACA Applicants:

  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.

If you are considering filing for this benefit for you or your child, call The Eichorn Immigration Law Group at 866-448-2994. Or Email Mr. Eichorn. Hiring an experienced and knowledgeable immigration lawyer for this matter is crucial as there are many issues that should be cleared up prior to filing.

What is deferred action? Deferred action is the Department of Homeland Security's discretionary determination to defer removal action of an individual. Discretionary means that DHS does not have to do this, but they are choosing this course of action. This is not a right. It is administrative grace.

DACA is not a "legal status." However, it does stop the accrual of "unlawful presence." This is especially important for those who have not yet turned 18 1/2. If you are under 18 1/2 and want to apply for DACA, then you should consider doing so as soon as possible to realize the full potential of the program and potentially be able to depart and return to the United States with permanent resident status or at least temporary work visa status in the future. Deferred action does not excuse individuals of any previous or subsequent periods of unlawful presence.

Under existing regulations, an individual whose case has been deferred is eligible to receive employment authorization for the period of deferred action, provided he or she can demonstrate "an economic necessity for employment." DHS can terminate or renew deferred action at any time at the agency's discretion.

Call The Eichorn Immigration Law Group at 866-448-2994 to hire a qualified and respected immigration law firm. Even if you believe you meet the eligibility factors, the best practice is to have a lawyer on your side.