THE USCIS is officially accepting new applications for DACA after the government fully reinstated the program on December 7, 2020. On December 4, 2020, a judge ordered the program to be fully reinstated to what it was before the Trump Administration attempted to rescind it in 2017, a reaffirmation of an earlier Supreme Court ruling.
It is very disheartening to witness children of immigrants work so hard to obtain good grades in school, achieve honor roll standing in high school, get accepted to top universities, only to find out that all doors to the American Dream are closed and locked.
On June 15, 2012, Secretary of Homeland Security Janet Napolitano issued a memorandum regarding the exercise of prosecutorial discretion on certain individuals who came to the US as children which partially opens some of the doors. Effective immediately, certain young people who were brought to the United States through no fault of their own as young children and meet several key criteria will be considered for relief from removal from the country. Those who demonstrate that they meet the criteria will be eligible to receive deferred action for a period of two years, subject to renewal.
You may request DACA if you:
1. Were under the age of 31 as of June 15, 2012;
2. Came to the United States before reaching your 16th birthday;
3. Have continuously resided in the United States since June 15, 2007, up to the present time;
4. Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
5. Had no lawful status on June 15, 2012;
6. Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
7. Have not been convicted of a felony, significant misdemeanor,or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.
Individuals must also complete a background check and, for those individuals who make a request to USCIS and are not subject to a final order of removal, must be 15 years old or older.
DACA does not confer lawful legal status in the United States. DACA is a discretionary determination to defer removal/deportation of an individual as an exercise of prosecutorial discretion. Aliens will not accrue unlawful presence while in deferred action.
Individuals who are granted deferred status is eligible to receive an employment authorization for the period of the deferred action provided the individual can demonstrate “an economic necessity for employment.” Deferred action will be issued in increments to 2 years subject to renewal. Each individual case will be subject to review at the time of renewal.
Individuals should be prepared to introduce evidence proving that the individual has met all the criteria described above.
* * *
Please note that this article is not legal advice and is not intended as legal advice. The article is intended to provide only general, non-specific legal information. This article is not intended to cover all the issues related to the topic discussed. The specific facts that apply to your matter may make the outcome different than would be anticipated by you. This article does create any attorney client relationship between you and the Law Offices of Kenneth U. Reyes, P.C. This article is not a solicitation.
* * *
Attorney Kenneth Ursua Reyes was President of the Philippine American Bar Association. He is a member of both the Family law section and Immigration law section of the Los Angeles County Bar Association. He is a graduate of Southwestern University Law School in Los Angeles and California State University, San Bernardino School of Business Administration. He has extensive CPA experience prior to law practice. LAW OFFICES OF KENNETH REYES, P.C. is located at 3699 Wilshire Blvd., Suite 747, Los Angeles, CA, 90010. Tel. (213) 388-1611 or e-mail [email protected]. Visit us at kenreyeslaw.com
