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Do I Qualify for Deferred Action Under Obama's Immigration Law DACA?

Deferred Action for Childhood Arrivals

Students, Military and Young Immigrants

Under the New Obama Policy

On June 15, 2012, the Secretary of the Department of Homeland Security, Janet Napolitano, announced that certain people who arrived as children to the United States and who comply with certain specific criteria may be eligible to receive deferred action on a case by case basis. The United States Citizenship and Immigration Service (USCIS) has finalized a process as of August 15, 2012 through which those persons who are eligible may petition for Deferred Action for Childhood Arrivals (DACA), who are also known colloquially as DREAMers.

USCIS made the forms, instructions and additional information relevant to the DACA or Deferred Action process available on August 15, 2012, and has begun accepting applications for consideration.

Who Can Apply for Deferred Action?

Those who:

  1. Arrived to the United States before their 16th birthday; and

  2. Have resided continuously in the United States for the five (5) years preceeding June 15, 2012, and who are present on that date; and

  3. a. Are currently in school, or b. Have graduated from High School, or c. Have obtained a GED, or d. Have served honorably in the United States Armed Forces or Coastguard, and

  4. Have not been convicted of a felony, a significant misdemeanor, or multiple misdemeanors, and does not represent a threat to national security or public safety; and

  5. Turned 31 after June 15, 2012.

Only those persons who can prove with verifiable documentary evidence that they meet these requirements are eligible for Deferred Action.

The latest information shared by USCIS includes the following important points:

        • Petitioners – whether in removal proceedings or not, and those with final orders of removal – may apply to USCIS to be considered for Deferred Action under DACA. Petitioners must use a form developed specifically for these purposes
        • Petitioners must send their applications for Deferred Action by mail together with an Application for an Employment Authorization Document (EAD, also known as a Work Permit), and the payment of all the applicable immigration fees, to the Local USCIS Lockbox
        • The Cost of the Fees is $465.00. Applications for Exemptions will not be entertained, although, there are a certain number of payment exemptions available under limited circumstances.
        • The four USCIS Service Centers will be reviewing the applications.
        • All Petitioners must provide biometric information and submit themselves to a background check.

 

Immigration Attorney in St. Louis, Missouri

We are Immigration Attorneys and Immigration Legal Assistants located in St. Louis, Missouri. We are available to study each case, and to take the required steps to process each respective application for Deferred Action. Call us today at 314.645.7900, or contact us online.

 


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