It is hard to believe that it is already time for many young people to renew their eligibility under Deferred Action for Childhood Arrivals (DACA), which grants relief from deportation/removal and work authorization in two-year increments.
Hundreds of thousands of young people took advantage of this marvelous program when it was first introduced in August 2012, but only a handful of Filipino children did so, which amazes me. For those who were reluctant to apply (because they thought the work permit was “only good for two years”), now you can see it can be renewed. The basic requirements for DACA renewal are the person:
• Did not depart the United States on or after Aug. 15, 2012, without advance parole;
• Has continuously resided in the United States since he or she submitted their most recent DACA request that was approved; and
• Has not been convicted of a felony, a significant misdemeanor or three or more misdemeanors, and does not otherwise pose a threat to national security or public safety.
There is now a new version of the DACA application (Form I-821D) which requests additional background information. USCIS suggests renewals be filed at least 120 days (4 months) before, but not over 150 days, from when your current grant of deferred action expires.
In renewing DACA, consider consulting an attorney, especially when your circumstances have changed, such as being charged with a crime. An attorney can evaluate your overall immigration situation and determine if you are now eligible for other immigration benefits, such as adjustment of status, or maybe the priority date on a petition filed on your behalf is now current, etc.
For those of you who are still sitting on the sidelines wondering whether you should apply for DACA, you still may be eligible. You may request consideration of DACA if you:
• Were under the age of 31 as of June 15, 2012;
• Came to the United States before reaching your 16th birthday;
• Have continuously resided in the United States since June 15, 2007, up to the present time;
• 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;
• Were out of status (TNT) on June 15, 2012;
• Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a General Educational Development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
• Have not been convicted of a felony, a significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety
If DACA is granted, the benefits are enormous and life-changing: relief from removal/deportation; work authorization, enabling you to work anywhere you like legally; driver’s license; SS #; ability to travel outside the US (with advance parole). If you think you’re eligible for an initial DACA grant, act now and see an attorney, who can evaluate eligibility.
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Michael J. Gurfinkel is licensed, and an active member of the State Bar of California and New York. All immigration services are provided by, or under the supervision of, an active member of the State Bar of California. Each case is different. The information contained herein including testimonials, “Success Stories,” endorsements and re-enactments) is of a general nature, and is not intended to apply to any particular case, and does not constitute a prediction, warranty, guarantee or legal advice regarding the outcome of your legal matter. No attorney-client relationship is, or shall be, established with any reader.
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