Department of Homeland Security Secretary (DHS) Napolitano, on June 15, 2012, issued a memorandum announcing that DHS will offer deferred action for two years to certain individuals who entered the U.S. as children and meet other eligibility criteria. The program is the Deferred Action for Childhood Arrivals, or DACA program. Those that receive “deferred action” under the DACA program will not be placed into removal proceedings or removed from the U.S. for the duration of the grant. Individuals in removal proceedings, those with final orders or a voluntary departure order, and those who have never been in removal proceedings can affirmatively request deferred action from USCIS as long as they are not currently in immigration detention. However, those in detention have not had the DACA door completely closed to them.
According to the United States Citizenship and Immigration Service, an individual who:
- Was under the age of 31 as of June 15, 2012;
- Came to the U.S. before reaching his/her 16th birthday;
- Has continuously resided in the U.S. since June 15, 2007, up to the present time;
- Was physically present in the U.S. on June 15, 2012, and at the time of application to USCIS;
- Entered without inspection before June 15, 2012, or lawful immigration status expired as of June 15, 2012;
- Is currently in school, has graduated or obtained a certificate of completion from high school, has obtained a GED, or is an honorably discharged veteran of the U.S. Coast Guard or the U.S. Armed Forces; and
- Has not been convicted of a felony, a significant misdemeanor, three or more other misdemeanors, or does not otherwise pose a threat to national security or public safety;
Are eligible under the DACA program. If you believe that you meet these qualifications please fill contact you application.