DEFERRED ACTION / EXECUTIVE ORDERS – 


On June 15, 2012, President Obama signed a memo deferring removal for certain undocumented young people who came to the U.S. as a child, and have either: 
1)pursued an education; or 2) signed up for military service. 
 This benefit is called Deferred Action for Childhood Arrivals (DACA).
Under the new DACA rules, certain qualified immigrants can delay removal for up to two years at a time, even though they are not granted legal status. DACA does not provide citizenship or permanent residence, but those who are granted relief under DACA can become eligible for employment authorization.  DACA requests are processed through the U.S. Citizenship and Immigration Services (USCIS).

Applying for DACA

To apply for DACA, you must complete the following steps:

• Gather all documents to be used as evidence; 
• Fill out USCIS Form I-765, I-765 Worksheet, and I-821D;
  
• Submit all forms by mail, including fees (total of $465)
  

Qualifying for DACA

To qualify for DACA, you must show:

• You came to the United States before the age of 16;
• You have been in this country consecutively for five years (as of June 15, 2012);
• You were present in the U.S. on June 15, 2012;
• You have attained or are currently pursuing a high school diploma or General Educational Development (GED) certificate; 
• You have not been convicted of a felony, "serious misdemeanor", or three or more misdemeanors of any kind;

The decision to defer removal is a discretionary action; it is entirely up to USCIS (or if in removal proceedings, ICE) to determine the eligibility of each applicant on a case-by-case basis.  Therefore, an applicant must supply evidence for proof in support of his or her claims.  Ms. Torres can help you in gathering the kinds of evidence that you will need for approval of your deferred action application. 

The application process is complex, and it would be in your best interests to obtain the assistance of an experienced immigration attorney, especially when dealing with documents, declarations, and other evidence.  Ms. Torres can instruct you as to which documents will be necessary and useful for the application process. Additionally, if you have a criminal history, failure to obtain the advice and assistance of an experienced criminal attorney can result in being placed in removal proceeding before the immigration court.