THE USCIS has been approving applications for Deferred Action for Childhood Arrivals (DACA) and accompanying requests for work authorization in just 2-3 months on average, notwithstanding the enormous number of cases filed since the program was implemented on August 15, 2012. DACA cam about pursuant to the Obama Administration’s promise to accord Deferred Action Status (DAS) and work authorization for people who would otherwise have been eligible under the ill-fated “DREAM ACT, which never passed through the US Congress Over the past 8 months, the USCIS has seen an unprecedented influx of new applications. There are an estimated 1,500,000 people living in the US who could potentially qualify for DACA benefits under this policy initiative, however many have not yet taken advantage of the program.
Continuing with a theme of directing the DHS to exercise its “prosecutorial discretion” in cases involving low law enforcement priority immigrants launched in 2011 with the “Morton Memo,” the DACA Program extends benefits not only to people currently facing deportation in Court, but also will extend to young immigrants who have not yet been placed in removal proceedings. On a case-by-case basis, the Napolitano initiative will make eligible for DACA benefits individuals who: (1) Came to the US under the age of 16; (2) have continuously resided in the US for at least 5 years preceding June 15, 2012 and remain present in the US; (3) are currently attending school, have already graduated high school or obtained a GED, or are honorably discharged veterans of the US armed forces or Coast Guard; (4) have not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses or otherwise pose any threat to national security or public safety; and (5) are not yet 31 years old. Applicants may not apply until they are at least 15 years of age.
Any application made for benefits under this program, which include DAS and work authorization, will require extensive, verifiable documentation that all criteria are met. DHS has stated that it cannot guarantee that all requests for DACA will be granted and has made clear that DACA is not an amnesty, legal status, or path to Citizenship and confers no other legal rights. USCIS has announced that the fee for DACA benefits is $465.00 and including work authorization.
DACA has been available for nearly eight months. USCIS has been approving applications rather quickly, even those for individuals in removal proceedings or with a final orders of removal. DACA Applicants in immigration court may seek DAS for a period of two years, with possible renewal, and have their cases terminated. Individuals who believe they may qualify for DACA benefits should take advantage of this program and consult with competent counsel before submitting any application or documentation to DHS regarding their immigration status in the US.
* * *
Daniel P. Hanlon is a California State Bar Certified Specialist in Immigration and Nationality Law and a principal of Hanlon Law Group, PC, located at 225 S. Lake Ave., 11th Floor in Pasadena, California; Tel. No. (626) 585-8005. Hanlon Law Group, PC is a “full-service Immigration Law firm.” E-mail: [email protected] and www.hanlonlawgroup.com.
