The basic rules
A CHILDHOOD arrival may seek DAS and an employment authorization document (EAD) if he:
1. Was under the age of 31 as of June 15, 2012;
2. Came to the United States before reaching his 16th birthday;
3. Has continuously resided in the United States since June 15, 2007, up to the present time;
4. Was physically present in the United States on June 15, 2012, and at the time of filing a request for consideration of DAS with USCIS;
5. Entered without inspection before June 15, 2012, or his lawful immigration status expired as of June 15, 2012;
6. 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
7. Has 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.
FAQS
What is deferred action?
“Deferred action” is a discretionary determination to defer removal action of an individual as an act of prosecutorial discretion. Deferred action does not confer lawful status upon an individual. Under existing regulations, an individual whose case has been deferred is eligible to receive employment authorization for the period of deferred action, provided he or she can demonstrate ‘an economic necessity for employment.’ “
If I am granted DAS, may obtain work authorization?
Yes. Pursuant to existing regulations, if your case is deferred, you may obtain employment authorization from USCIS provided you can demonstrate an economic necessity for employment.”
Does this process apply to me if I am currently in removal proceedings, have a final removal order, or have a voluntary departure order?
This process is open to any individual who can demonstrate he or she meets the guidelines for consideration, including those who have never been in removal proceedings as well as those in removal proceedings, with a final order, or with a voluntary departure order (as long as they are not in immigration detention).”
Will the information I share in my request for consideration of deferred action for childhood arrivals be used for immigration enforcement purposes?
Information provided in this request is protected from disclosure to US Immigration and Customs Enforcement (ICE) and US Customs and Border Protection (CBP) for the purpose of immigration enforcement proceedings unless the requestor meets the criteria for the issuance of a Notice To Appear or a referral to US Immigration and Customs Enforcement under the criteria set forth in USCIS’s Notice to Appear guidance.
How old must I be in order to be considered for deferred action under this process?
If you have never been in removal proceedings, or your proceedings have been terminated before your request for consideration of deferred action for childhood arrivals, you must be at least 15 years of age or older at the time of filing and meet the other guidelines. If you are in have been in removal proceedings, you can request consideration of deferred action for childhood arrivals even if you are under the age of 15.
May I travel outside of the United States before USCIS has determined whether to defer action in my case?
No. After August 15, 2012, if you travel outside of the United States, you will not be considered for deferred action under this process. If USCIS defers action in your case, you will be permitted to travel outside of the United States only if you apply for and receive advance parole from USCIS.
If I have a conviction for a felony offense, a significant misdemeanor offense, or multiple misdemeanors, can I receive an exercise of prosecutorial discretion under this new process?
“No. If you have been convicted of a felony offense, a significant misdemeanor offense, or three or more other misdemeanor offenses not occurring on the same date and not arising out of the same act, omission, or scheme of misconduct, you will not be considered for deferred action under the new process except where DHS determines there are exceptional circumstances.”
Finally, the USCIS notice of August 3, 2012 advises individuals who believe they may qualify for DAS under this program are advised to gather any and all evidence tending to establish the 7 guideline criteria outlined above. Additionally, potential applicants are duly warned to avoid scam artists seeking to take advantage of the unwary by falsely professing to be licensed to practice law and promising them benefits that cannot be lawfully obtained. USCIS advises that any potentially qualified applicant seek competent legal advice and official information from sources such as www.uscis.gov before submitting any application or documentation to DHS regarding their immigration status in the US.
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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.
