Expanded Deferred Action

The first step of Obama’s immigration act is here! On February 18, 2015, the expanded DACA guidelines go into effect. This means that, beginning February 18, 2015, you may requested consideration for deferred action if you:

  1. Came to the U.S. before your 16th birthday.
  2. Have continuously resided in the U.S. since January 1, 2010, up to the present.
  3. Were physically present in the U.S. on June 15, 2012, and at the time you are applying for deferred action.
  4. You had no lawful status in the U.S. on June 15, 2012.
  5. You are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a GED certificate, or are an honorably discharged veteran of the Coast Guard or the Armed Forces.
  6. You have not been convicted of a felony, a significant misdemeanor, three or more other misdemeanors, and do not pose a threat to national security or public safety.

On June 15, 2012, the Secretary of Homeland Security issued a memorandum that stated that certain people who came to the U.S. as children and who met specific guidelines may request consideration of deferred action and be eligible for a work permit. On November 20, 2014, the Secretary of Homeland security expanded the guidance, which becomes effective on February 18, 2015. Deferred action is discretionary.

If you are granted deferred action, you are eligible to receive employment authorization for the period of deferred action. However, you are not granted lawful status. In order to apply, you must complete the application form together with the application for a work permit and a worksheet establishing your economic need for employment. The filing fee is $465. USCIS may request that you appear for an interview. The most often asked question is what documents must be submitted to show that you have been residing in the U.S. Such documents are rent receipts or bills, employment records, school records, bank statements, car registration, tax returns, church records, military records, etc. Another most often asked question is when you should file for your DACA renewal.
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USCIS recommends that you submit your DACA renewal request between 150 days and 120 days before the expiration date on your DACA approval notice and Employment Authorization Document. To be eligible for DACA renewal if you met the guidelines for consideration of initial DACA, have not obtained a lawful immigration status, and you did not depart the U.S. without advanced parole after receiving DAC, you have continuously resided in the U.S., and you have not been convicted of a felony, a significant misdemeanor, or three or more misdemeanors.