Deferred Action – Children

Below are some details on President Obama’s November 20th, 2014 executive order on the existing DACA program that was put into place in 2012:

Who Does this Affect?
This affects undocumented young people who came to the U.S. as children. Current DACA recipients seeking renewal and new applicants, including individuals born prior to June 15, 1981, who meet all other DACA guidelines.

Main Guidelines for DACA Eligibility

  • Allows individuals born prior to June 15, 1981, to apply for DACA (removing the upper age restriction) provided they meet all other guidelines.
  • Requires continuous residence in the United States since January 1, 2010, rather than the prior requirement of June 15, 2007.
  • Extends the deferred action period and employment authorization to three years from the current two years.

When Will This Take Effect?
Approximately 90 days following the President’s November 20, 2014, announcement.

Frequently Asked Questions 

1. What is DACA?

DACA stands for “Deferred Action – Childhood Arrivals.” Under this program, individuals who came to the United States as children and demonstrate that they meet the guidelines below may request consideration of deferred action for childhood arrivals (DACA) for a period of two years, subject to renewal for a period of two years, and may be eligible for employment authorization.

2. What are some of the DACA guidelines?

You may be eligible for relief under DACA if you:

a. Were under the age of 31 as of June 15, 2012;

b. Came to the United States before reaching your 16th birthday;

c. Have continuously resided in the United States since June 1, 2010, up to the present time;

d. Were physically present in the United States on November 20th, 2014, and at the time of making your request for consideration of deferred action with USCIS

e. Had no lawful status on June 15, 2012, meaning that:

  • You never had a lawful immigration status on or before June 15, 2012, or
  • Any lawful immigration status or parole that you obtained prior to June 15, 2012, had expired as of June 15, 2012;

g. Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a General Educational Development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and

h. Have not been convicted of a felony, a significant misdemeanor, three or more other misdemeanors and do not otherwise pose a threat to national security or public safety.

For more information on DACA, please contact Miami immigration attorney Michael G. Murray, Esq. at (305)895-2500 or visit our website at www. mmurraylaw.com .