Cleveland, Ohio Deferred Action Attorney

On June 5, 2014, the Secretary of Homeland Security Jeh Johnson announced the renewal process for those who have been granted Deferred Action for Childhood Arrivals (DACA).  This program originates from a June 15, 2012 Department of Homeland Security policy to protect certain foreign nationals from removal actions.

Below is a list of initial eligibility which applicants must demonstrate to obtain their grant of deferred action. If granted, Immigration and Customs Enforcement (ICE) will not take any action to remove the foreign national for a period of two years.  USCIS issues DACA beneficiaries employment authorization for those same two years.

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 or email us today. Hiring an experienced and knowledgeable Cleveland 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.

Even if you believe you meet the eligibility factors, the best practice is to have a lawyer on your side. Contact us for a free consultation – let us help you!