Note added on February 18, 2015: Yesterday, a judge in South Texas issued a preliminary injunction which prevents (at least temporarily) the Immigration Service’s planned implementation of the DACA expansion.
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DACA expansion, the first part of the President’s Executive Action goes live on February 18th. USCIS has issued new forms, instructions , guidance and FAQs. Beginning next week, more undocumented immigrants who came as children are eligible to apply for Deferred Action. DACA has been expanded , but it certainly is not for everyone. Here are the broad guidelines.
To be eligible , the person must :
*have come to the US before his/her 16th birthday
*been continuously resided in the US at least from September 1 , 2010 to the present
*been present in the US on June 15, 2012 and on have had no lawful status on June 15, 2012
*be currently in school , graduated from High School, have a GED or been honorably discharged from the US armed forces ,AND
*be free from any felony, “significant misdemeanor” , more than 3 misdemeanor convictions and pose no threat to public safety or national security.
Each case is determined on a case by case basis after submission of a new form , form I-821D, with an extensive documentary package proving each of the elements. The application may be accompanied by a request for employment authorization, form I-765WS. The filing fee for the I 765WS is $465.
The grant of Deferred Action for Childhood Arrivals is good for a period of 3 years and may be renewed. It is not for everyone, but the expanded program is calculated to include another 500,000 beneficiaries.
USCIS provides a great deal of information on DACA at www.uscis.gov , the FAQs are found at www.uscis.gov/humanitarian/consideration-deferred-action-childhood-arrivals-process.