DACA Expansion: Revised Eligibility Requirements. Beginning February 18, 2015, the United States Immigration and Citizenship Services (USCIS) will begin accepting requests for expanded DACA.
Many young individuals have already taken advantage of the Deferred Action for Childhood Arrivals (DACA) program which was introduced in 2012. While this does not provide a pathway to getting lawful permanent resident status (i.e., a green card) or citizenship, this nevertheless allows young individuals to remain in the U.S. and apply for a work authorization document.
Previously, to be eligible for the DACA program, an individual had to have been under the age of 31 as of June 15, 2012, and have continuously resided in the United States since June 15, 2007. These restrictions have been removed under the Executive Action announced by President Obama.
The revised eligibility requirements for DACA removed the upper age restriction allowing individuals born prior to June 15, 1981 to apply for DACA provided they meet all other requirements for eligibility. Moreover, the residence requirement now requires continuous residence in the United States since January 1, 2010 rather. Lastly, the deferred action period and employment authorization is now extended for a period of three years. Previously, the grant was only for a period of two years.
Prospective DACA applicants should note that there are other eligibility requirements in place for DACA that bear on their moral character. For example, DACA applicants must 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. Each Application is assessed on a case-by-case basis to determine whether, under particular circumstances, a favorable exercise of prosecutorial discretion will be granted to an Applicant. So, for example, an expunged conviction and juvenile convictions will not automatically disqualify an applicant. However, if you are a juvenile but was tried and convicted as an adult, you will be treated as an adult for purposes of the deferred action for childhood arrivals process.
It is important to know your options, and understand the process involving the DACA program. An experienced immigration law firm or attorney will be able to help you navigate through the DACA application process, including how to handle a criminal history or juvenile record.
Coming Soon: Deferred Action for Parental Accountability. The Deferred Action for Parental Accountability (DAPA) will provide temporary relief from deportation and work authorization to individuals without authorized immigration status who are parents of United States citizens or Lawful Permanent Residents.
The program will be open to individuals who – (i) have a USC or LPR son or daughter born on or before November 20, 2014; (ii) have continuously resided in the United States since January 1, 2010; (iii) are physically present in the United States on November 20, 2014, and at the time of applying; (iv) have no lawful immigration status on November 20, 2014; (v) do not have criminal convictions, including certain misdemeanors; (vi) are not a threat to public safety and security.
The DAPA program will grant deferred action and employment authorization for a period of three years.
Beware of Scams. Those who might be eligible for DACA or DAPA should consult with an experienced, licensed immigration attorney to obtain an in-depth consultation about the law, what the law requires, and how to proceed. In addition, people should be wary of online tools that offer immigration help or notarios who are not licensed to practice law.
***
Atty. Lilli A. Baculi is an associate attorney in Chua Tinsay & Vega, A Professional Legal Corporation (CTV) – a full service law firm with offices in San Francisco, San Diego, Sacramento and Philippines. The information presented in this article is for general information only and is not, nor intended to be, formal legal advice nor the formation of an attorney-client relationship. Call or e-mail CTV for an in-person or phone consultation to discuss your particular situation and/or how their services may be retained at (619) 955-6277; (415) 495-8088; [email protected]
