On his first day in office, President Biden signed an Executive Order directing the Secretary of Homeland Security to preserve and fortify Deferred Action for Childhood Arrivals (DACA) (https://www.uscis.gov/humanitarian/consideration-of-deferred-action-for-childhood-arrivals-daca). The Department of Homeland Security has once again begun accepting first-time DACA applications, DACA renewal applications, and applications for advance parole documents. The deferred removal and employment authorization granted under DACA has also been extended from one to two years.
DACA was enacted on June 15, 2012. It allows certain individuals meeting the guidelines to request a two-year deferral of removal action by the USCIS. It also grants them work authorization, although it does not confer legal status. DACA recipients may also qualify for advance parole. The guidelines for requesting deferred action is as follows:
The individual is eligible for DACA if (s)he:
- Was under the age of 31 as of June 15, 2012;
- Came to the United States before reaching their 16th birthday;
- Has continuously resided in the United States since June 15, 2007, up to the present time;
- Was physically present in the United States on June 15, 2012, and at the time of making their request for consideration of deferred action with USCIS;
- Is currently in school, has graduated or obtained a certificate of completion from high school, has obtained a general education development (GED) certificate, or is an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
- Has not been convicted of a felony, “significant” misdemeanor, or three or more “minor” misdemeanors, and does not otherwise pose a threat to national security or public safety.
If you have any questions regarding this post, please do not hesitate to contact our Sacramento immigration lawyer.