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Practice Note
Breaking News: DHS Announces Application Process for Deferred Action to "Dreamers" on August 3, 2012

The USCIS on August 3, 2012 released the details Deferred Action for Childhood Arrivals (DACA) process, which will temporarily allow some eligible youth to go to school and work without fear of deportation.  The DACA program is designed for young people who are under the age of 31; entered the United States before age 16; have resided in the country for at least five years as of June 15, 2012; have not been convicted of a felony, a “significant” misdemeanor, or three other misdemeanors; and are currently in school, graduated from high school, earned a GED, or served in the military.

According to the release, individuals may begin to request consideration of deferred action for childhood arrivals on August 15, 2012.  Any earlier filing will be rejected. 

Among the key points shared by USCIS:

(1) A new form will be available on August 15. All DACA requests will require payment of the standard $85 biometric fee, but no additional fee will be charged. Persons who wish to receive work authorization must pay, with limited exemptions, the current employment authorization document fee of $365.

(2) Information provided on the form will be kept confidential, including information relating to applicants’ family members or legal guardians, meaning it will not be used for immigration enforcement proceedings, unless the applicant meets current USCIS criteria for referral to Immigration and Customs Enforcement or issuance of a Notice to Appear (NTA) in immigration court.

(3) DHS will deem “significant” any misdemeanor, regardless of the sentence imposed, involving burglary, domestic violence, sexual abuse or exploitation, unlawful possession of firearms, driving under the influence, or drug distribution or trafficking. In addition, DHS will deem significant any other misdemeanor for which an applicant was sentenced to more than 90 days in jail, not including suspended sentences and time held pursuant to immigration detention. Minor traffic offenses and convictions for immigration-related offenses classified as felonies or misdemeanors by state laws (e.g. Arizona SB 1070) will not be considered.

Readers of our website or clients of Lin & Valdez qualified under DACA please contact us immediately.

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Approval Notices
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