Consideration of Deferred Action for Childhood Arrivals Process
- On August 2012, the U.S. Citizenship and Immigration Services (USCIS) will begin accepting requests for the exercise of prosecutorial discretion and stop or defer deportations or removal for DREAMers - children and students who were brought to the United States as children.
RENEWAL PROCESS FOR DEFERRED ACTION OF CHILDHOOD ARRIVALS ANNOUNCED:
On June 5, 2014, USCIS released a new form I-821D for the renewal of your authorized stay in the United States for the next two (2) years.
How do you renew your DACA?
In connection with the renewal process, you may be considered for renewal of your DACA if you have met the guidelines for consideration of initial DACA up to the present time, and:
- Did not depart the United States on or after August 15, 2012 without a travel permit;
- Have continuously resided in the United States since you submitted your request for initial DACA up to the present time; and
- Have not been convicted of a felony, a significant misdemeanor, or three or more misdemeanors, and do not otherwise pose a threat to national security or public safety.
It is recommended that your renewal packet be submitted to the USCIS within 120 days (4 months) of the expiration of your Deferred Action, but not sooner than 150 days (5 moths). Only persons who were granted DACA through USICE (those who were in removal proceedings when they submitted the application) may apply now.
Example: DACA expires on 11/15/2014. Apply for renewal only after 06/18/2014 unless you obtained DACA through USICE.
Our law firm is prepared to assist you with the renewal process in a timely manner and at a discounted legal fee from the original process.
Please schedule a consultation with our attorneys.
Dallas and Fort Worth, TX immigration lawyers of Chavez & Valko LLP confirm that the U.S. Department of Homeland Security (DHS) under the direction of the Obama Administration will begin accepting requests for consideration of deferred action for childhood arrivals for a period of 2 years on August 15, 2012. Prosecutorial discretion will be exercised to ensure that enforcement resources are not expended on low priority cases, such as individuals who were brought to the United States through no fault of their own as children, have not been convicted of a felony offense, a significant misdemeanor offense, or multiple misdemeanor offenses, and meet other key criteria.
DAP Request: Form I-821D (likely); no fee
Work Permit: Form I-765; $380 (filing); $85 (biometrics); Total fees: $465. Waiver of fees possible
Travel Permit: Form I-131; $360 (filing) only issued for humanitarian, educational or employment purposes, and can be submitted after deferred action was granted (cannot be filed simultaneously with the DAP request and employment authorization application).
According to the information provided by the USCIS to date, below are eligibility requirements for such persons who may request consideration of deferred action for childhood arrivals for a period of 2 years with employment authorization:
1. Age at time of entry into US: under age of 16
2. Age on June 15, 2012: under the age of 31
3. Continuous residence 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 the request for consideration of deferred action with USCIS;
5. Entered without inspection (EWI) before June 15, 2012, or their lawful immigration status expired as of June 15, 2012;
6. Are currently in school, have graduated or obtained a certificate of completion from high school (diploma), 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
• "Currently in school" under the guidelines indicates that person must be enrolled in school on the date he or she submits a request for consideration of deferred action under this process
7. Have not been convicted of a felony, significant misdemeanor, 3 or more other misdemeanors, and do not otherwise pose a threat to national security or public safety;
• Felony: any federal, state, or local criminal offense punishable by imprisonment for a term exceeding one year;
• Significant misdemeanor: a misdemeanor as defined by federal law where term of imprisonment is greater than 5 days and up to 1 year with the following criteria. Regardless of the sentence imposed, persons will be found ineligible if they were convicted of offense of domestic violence; sexual abuse or exploitation; burglary; unlawful possession or use of a firearm; drug distribution or trafficking (not possession); or, driving under the influence (DUI or DWI).
If an offense is not listed above, persons will be found ineligible if they have been sentenced to time in custody of more than 90 days (for time served and including suspended sentence or probation);
Minor traffic offenses will not be considered misdemeanors for this purpose, however person's entire offense history can be considered along with other facts to determine whether, under the totality of the circumstances, you warrant an exercise of prosecutorial discretion.
• Exception: Where DHS determines there are exceptional circumstances, you may be considered for deferred action under the new process despite have a conviction for a felony offense, a significant misdemeanor offense, or multiple misdemeanors.
• Expunged convictions and juvenile convictions will be assessed on a case-by-case basis. If you were a juvenile, but tried and convicted as an adult, you will be treated as an adult for purposes of the deferred action.
Generally, persons must be 15 years of older at the time of filing if they have never been in removal proceedings, or the proceedings have been terminated before the request for consideration of deferred action for childhood arrivals is submitted.
Person younger than 15 years of age may request consideration of deferred action for childhood arrivals if they are in removal proceedings, have a final removal order, or have a voluntary departure order, and are not in immigration detention.
All requests for consideration of deferred action will be submitted to the USCIS unless the person is currently in removal proceedings and is detained, in which case the request will be submitted to the US Immigration and Customs Enforcement.
While this guidance takes effect immediately, USCIS and ICE expect to begin implementation of the application processes within sixty (60) days. In the meantime, individuals seeking more information on the new policy should visit USCIS' website, ICE's website, or DHS' website, or call the immigration law firm of Chavez & Valko, LLP with offices in Dallas (214-251-8011) and Fort Worth (817)-332-1100 or toll-free (888)-562-0398 (nationwide) to speak to one of our immigration attorneys if the person will qualify for the deferred action and employment authorization document ("work permit").
To read Frequently Asked Questions from the Department of Homeland Security, please visit FAQs about Deferred Action for Childhood Arrivals.