DACA expansion, the first part of the President's Executive Action goes live on February 18th. USCIS has issued new forms, instructions, guidance and FAQs. Beginning next week, more undocumented immigrants who came as children are eligible to apply for Deferred Action. DACA has been expanded, but it certainly is not for everyone. Here are the broad guidelines.
To be eligible, the person must :
- have come to the US before his/her 16th birthday
- been continuously resided in the US at least from September 1, 2010 to the present
- been present in the US on June 15, 2012 and on have had no lawful status on June 15, 2012
- be currently in school, graduated from High School, have a GED or been honorably discharged from the US armed forces, AND
- be free from any felony, "significant misdemeanor", more than 3 misdemeanor convictions and pose no threat to public safety or national security.
Each case is determined on a case by case basis after submission of a new form, form I-821D, with an extensive documentary package proving each of the elements. The application may be accompanied by a request for employment authorization, form I-765WS. The filing fee for the I 765WS is $465.
The grant of Deferred Action for Childhood Arrivals is good for a period of 3 years and may be renewed. It is not for everyone, but the expanded program is calculated to include another 500,000 beneficiaries.
USCIS provides a great deal of information on DACA at www.uscis.gov , the FAQs are found at www.uscis.gov/humanitarian/consideration-deferred-action-childhood-arrivals-process.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
