Deferred Action or “DACA” is a fairly new form of relief available to certain individuals who qualify. This type of relief can stop the removal process if you qualify and are in removal proceedings. In addition, you may also be able to apply affirmatively even if you are not in removal proceedings. If your case is granted, you will receive a work permit that is active for two years and you will have the opportunity to renew the permit, as long as the program is still in place.
The qualifications are as follows:
(1) You entered the United States before turning 16 years of age;
(2) If you are not in removal proceedings, you must be at least 15 years old to file;
(3) You were under age 31 as of June 15, 2012;
(4) You have continuously resided in the United States since June 15 ,2007;
(5) You were physically present in the United States on June 15, 2012 and at the time of filing your application;
(6) You 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) You are not disqualified from filing due to certain criminal convictions or posing a danger to national security or public safety.
If you believe you qualify, or have questions about whether or not you qualify, we are happy to meet with you for a consultation. We can also assist you in filing your application for Deferred Action or applying while in removal proceedings.