Deferred Action for Childhood Arrivals
USCIS has announced the requirements for Deferred Action for Childhood Arrivals Process. Starting on August 15, 2012, certain individuals, who were brought to the United States through no fault of their own as young children, may begin to request consideration of deferred action for childhood arrivals. Individuals who demonstrate that they meet the requirements will be eligible to receive deferred action (relief from removal from the USA) for a period of two years, subject to renewal, and may be eligible for employment authorization. Below please find frequently asked questions and answers. If you need a legal advice or help with preparation of required forms, please contact Oksana A. Van Rooy, a licensed California attorney, at the Law Offices of Oksana Van Rooy. We are located in Orange County, CA.
- Was under the age of 31 as of June 15, 2012;
- Came to the United States before reaching his or her 16th birthday;
- Has continuously resided in the United States since June 15, 2007, up to the present time;
- Was physically present in the United States on June 15, 2012, and at the time of making a request for consideration of deferred action with USCIS;
- Entered without inspection before June 15, 2012, or his or her lawful immigration status expired as of June 15, 2012;
- 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
- Has not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and does not otherwise pose a threat to national security or public safety.
- If the person has never been in removal proceedings, or proceedings have been terminated before the request for consideration of deferred action for childhood arrivals, the individual must be at least 15 years of age or older at the time of filing and meet the other guidelines.
- If the person is in removal proceedings, has a final removal order, or has a voluntary departure order, and is not in immigration detention, he or she can request consideration of deferred action for childhood arrivals even if he or she is under the age of 15 at the time of filing and meet the other guidelines.
- In all instances, the individual cannot be the age of 31 or older as of June 15, 2012 to be considered for deferred action for childhood arrivals.
Warning: If the person is in unlawful status and/or is currently in removal proceedings, and such person leaves the United States without a grant of advance parole, he or she will be deemed to have removed himself or herself and will be subject to any applicable grounds of inadmissibility if such person seeks to return. Even with advanced parole, there is a risk that by departing the country, immigrants who were unlawfully present for more than 180 days after their 18th birthday could have problems re-entering the country or obtaining green card in the future.