NOTE: THE DREAM ACT APPLICATION IS AVAILABLE ONLINE AT www.uscis.gov/i-821d
President Obama, through the Department of Homeland Security (DHS), announced a policy in June of 2012 known as Deferred Action for Childhood Arrivals (“Deferred Action” or "DACA"). A relative of the DREAM ACT, this policy, which formally took effect on August 15, 2012, allows certain eligible individuals who are without lawful status to receive deferred action for a period of two years, subject to renewal.
Deferred Action prevents a person without lawful status from being placed in removal proceedings for a period of two three years and allows for work authorization during that time. It does not confer any lawful status and it is not a path to citizenship.
The eligibility criteria for Deferred Action are the following:
- That the person was under the age of 31 as of June 15, 2012; Obama ELIMINATED the age cap in his most recent Executive Actions!
- That the person is at least 15 years of age or, if not, that the person is currently in removal proceedings;
- That the person came to the U.S. before he or she was 16 years of age;
- That the person has continually resided in the U.S. from June 15, 2007 January 1, 2010 to the present date;
- That the person is currently physically present in the U.S.;
- That the person is currently without lawful status;
- That the person is currently in school, is a high school graduate, has obtained a GED, OR has been honorably discharged from the U.S. Armed Forces;
- That the person has not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors;
- That the person is not a threat to national security or public safety;
Individuals currently in immigration in detention who believe they are eligible for deferred action should alert their detention officer or contact the ICE Office of the Public Advocate at 1-888-351-4024.
The deferred action application process for those not in detention includes the following:
- Completion of USCIS Form I-821D “Consideration of Deferred Action for Childhood Arrivals” with supporting documentation
- Completion of USCIS Form I-765 “Application for Employment Authorization” and I-765 Worksheet
- Completion of USCIS Form G-1145 “E-Notification of Application/Petition Acceptance” (optional)
- Submission of all completed forms and supporting documentation by mail to a USCIS lockbox facility
- If you were approved for DACA, you may apply to RENEW your status when your expiration date approaches. You may not apply for renewal more than four months prior to your expiration date, but USCIS recommends that you apply no later than three months prior to your expiration date. Renewal is also filed on Form I-821D and has the same filing fees. If nothing has changed since your original DACA application, no new documentation beyond the form is required.
If you believe you are eligible for DACA or DACA renewal, or if you have questions about the recent changes to DACA, contact our office today at (650) 373-1125 and we will help you through the process.