Deferred Action for Arriving Children (DACA)
Although some people are calling the “Deferred Action For Childhood Arrivals” (DACA) the DREAM Act, , it is important to clarify that the DREAM Act is a legislative proposal first introduced in the U.S. Senate in 2001, but the bill has never become a law.
New York, along with several other states, tried to pass a state version of the DREAM Act, however, the bill failed in the NY legislature in early 2014.
What is Deferred Action for Childhood Arrivals (DACA)?
On June 15, 2012, President Barack Obama announced that his administration would stop deporting young illegal aliens who match certain criteria previously proposed under the DREAM Act. The executive order was designed to also help those who were brought to the United States by their parents through no fault of their own. However, DACA is not a pathway to citizenship, but rather is a temporary measure to allow those who qualify to work legally in the United States.
The U.S. Citizenship and Immigration Services (USCIS) began accepting applications under the Obama administration’s new DACA program in August of 2012.
The program provides young people deferred action on deportation for two years, it they meet the following seven qualifications:
- They were under the age of 31 as of June 15, 2012.
- They came to the United States before reaching their 16th birthday
- They have continuously resided in the United States since June 15, 2007, up to the present time.
- They were physically present in the United States on June 15, 2012, and at the time of making their request for consideration of deferred action with the USCIS.
- They entered without inspection before June 15, 2012, or their lawful immigration status expired as of June 15, 2012.
- They 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.
- They 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 have been hurt in an accident or by a product, you may be entitled to a cash reward. It is important to have an attorney who understands your legal status in the United States guide you through these types of cases while protecting your rights so you receive the compensation you are entitled to.
Contact Us – New York Immigration Law Firm
If you have questions about DACA or interested in requesting deferred action, call Long Island immigration lawyer William A. Streppone today at (631) 265-3988 for a free initial consultation, or contact our office using our online form., We will be happy to provide a full explanation of deferred action opportunity and to help with filling out Forms I-821D, I-765 and the I-765WS worksheet.