DACA

On June 15, 2012 the Department of Homeland Security formally announced  that it will offer deferred action to “DREAMers.” This means that for millions of youths who entered the United States without inspection (no visas) as children can now obtain “deferred action” and work authorization from USCIS.  Both individuals who are in removal proceedings (deportation) and those who are not in removal proceedings can apply for this benefit.  Deferred action and work authorization will be valid for a two year period and can be renewed.

Employment

Individuals who qualify for deferred action through the DREAM program can apply and receive authorization to work in the United States.

Study

Individuals who qualify for deferred action through the DREAM program can continue their studies legally and in many instances, qualify for reduced tuition.

Individuals who entered the US as children who

1. Are in removal proceedings and wish to cancel proceedings and obtain work authorization; or
2. Are not in removal proceedings and wish to obtain a legal status and work authorization.

An individual who meets the following criteria may apply for deferred action:

• Was under the age of 31 as of June 15, 2012;
• Came to the US before reaching his/her 16th birthday;
• Has continuously resided in the US since June 15, 2007, up to the present time;
• Was physically present in the US 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 US 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;
• The deferred action offer will be available to those in proceedings, as well as to those who apply affirmatively.