On November 20, 2014, President Obama announced his “immigration accountability executive action,” which included new guidelines for DACA applicants. In general, DACA is a prosecutorial discretion program whereby certain young people, illegally present in the United States, are granted temporary relief from deportation. Even better, those same individuals are granted temporary work authorization so that they may legally work in the United States.
When DACA was initially put in place, it was estimated that 1.2 million people were eligible for relief. One November 20, 2014, the Administration amended the DACA requirements by eliminating the age ceiling and making people who began residing here before January 1, 2010 eligible. The President’s recent executive orders open the door to another estimated 300,000 people.
It is important to note that DACA does not offer a pathway to legalization in the United States. It simply allows for temporary work authorization (three years) and temporary relief from deportation. The general requirements for DACA are as follows:
1. Came to the United States before reaching the applicant’s 16th birthday;
2. Has continuously resided in the United States since January 1, 2010, up to the present time;
3. Was physically present in the United States on January 1, 2010, and at the time of making the request for consideration of deferred action with USCIS;
4. Had no lawful status on November 20, 2014;
5. Is currently in school, has graduated or obtained a certificate of completion from high school, has obtained a general education development (GED) certificate, or is an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
6. Has not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors, and does not otherwise pose a threat to national security or public safety.
USCIS will begin accepting applications January 2015 and the filing fee is $465 per application.
If you think you qualify for DACA based on the new requirements, you should contact an immigration attorney for assistance with your application.