THE USCIS has recently announced that it will start accepting applications for the expanded Deferred Action for Childhood Arrivals (DACA) on February 18, 2015 (and not a day earlier).
Based on the 11/20/2014 USCIS Memorandum from USCIS Director Leon Rodriquez, the DACA program which was initially implemented in 2012 is expanded as follows:
• Remove the age cap. The current age restriction was limited to those who were born before June 15, 1981 (or not one older than 31 years of age on the date of the initial announcement last June 15, 2012.) Under the expanded DACA program, this restriction no longer applies.
• Extend DACA renewals and work authorization to three-years. Currently, the period for which the DACA and the accompanying employment authorization is two (2) years. Under the expanded DACA, this will be increased to three (3) years increment. This extended period applies to both the first-time applicants and those applying for renewals effective 11/20/2014.
• Adjust the date-of-entry requirement. To be eligible, the applicant must have continuously residing in the US since January 1, 2010, instead of the original cut-off date of June 15, 2007.
In addition to the above, the DACA applicant must also meet the other DACA guidelines as stated by the USCIS, to wit:
• “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;
• “Had no lawful status on June 15, 2012;
• “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
• “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.”
The USCIS has warned potential applicants from knowingly making misrepresentations, or knowingly failing to disclose facts when filing the applications and reminded the public that if the “background check or other information uncovered during the review of a request for deferred action indicates that an individual’s presence in the United States threatens public safety or national security, USCIS will deny the request and refer the matter for criminal investigation and possible removal by ICE, consistent with existing processes.”
If you are contemplating of filing any application based on these executive actions or any immigration petition for that matter, it is advisable to seek the counsel of an immigration lawyer to guide you on the intricacies of filing for such a petition.
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Atty. Gwendolyn Malaya-Santos is a member of the State Bar of California and the Integrated Bar of the Philippines. To schedule for a free initial in-person consultation, please call Tel. Nos. (213) 284-5984 or (626) 329-8215. Atty. Santos’ office is located at 3450 Wilshire Blvd., Suite 1200-105, Los Angeles, CA 90010.
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Information contained in this article does not, nor is it intended to, constitutes legal advice for any specific situation and does not create a lawyer-client relationship. It likewise does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
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