Deferred Action Childhood Arrival

Due to a memo signed by President Obama last June 15, 2012, some half a million young adults who were living in the U.S. illegally have been granted permission to stay and work. Many believe this action constitutes one of the most significant shifts in immigration policy in recent decades. Individuals who came to the U.S. when young and fall within other parameters may be eligible to request a DACA.This includes those who have never been involved in removal proceedings, those who are currently in removal proceedings or even those under final orders of removal.

Those who meet the criteria could benefit from a meeting with an experienced Sullo & Sullo attorney who will assess each individual situation then determine the most productive path to obtaining DACA. We can assist you or a family member in obtaining a temporary stay which in turn can allow you to receive a social security number, driver’s license and employment authorization card. Learning how to drive, getting a driver’s license, being able to open a bank account, in some states being able to pay in-state college tuition and, perhaps most importantly, landing a job that is not off the books can change your life in very important ways and we want to be a part of that change.

If granted, the deferred action will be in effect for two years (subject to renewal), and will provide eligibility for work authorization for employment.

Determining Your Eligibility

Those who want to obtain a deferred action for childhood arrivals must show they came to the United States prior to their 16th birthday and must have been under thirty-one years of age as of June 15, 2012. There is a comprehensive list of criteria which must be met for those seeking to obtain deferred action for childhood arrivals which includes, in addition to the age requirements:

  • Continuous residency in the U.S. from June 15, 2007 to the present
  • A physical presence in the United States on June 15, 2012 as well as at the time of making a request for DACA consideration;
  • Must have entered the United States without inspection prior to June 15, 2012 or undergone a lawful expiration of immigration status as of that same date;
  • Must either currently be enrolled in school, have graduated from high school or obtained a GED or be an honorably discharged veteran of the Coast Guard or Armed Forces of the United States;
  • Must not have been convicted of a felony offense, significant misdemeanor or three or more other misdemeanors;
  • Must not be considered a threat to national security or public safety.

The policy change which allows application for deferred action for childhood arrivals was hard-won; years of advocacy by students and lawmakers in support of an act known as the DREAM act which would have allowed thousands of young illegal immigrants to gain legal status has repeatedly failed in Congress.

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