USCIS Releases Guidance on Expansion of Deferred Action for Childhood Arrivals (DACA) Program

On June 15, 2012, President Barack Obama announced Deferred Action for Childhood Arrivals (DACA), a program that allows individuals who were brought to the United States when they were under age 16, to apply for Deferred Action and Employment Authorization if they had resided in the United States for at least 5 years, were enrolled in school in the United States or had graduated from school, did not have any serious crimes on their record, and were born after June 15, 1981.

On November 20, 2014 President Obama announced the expansion of the DACA program. The expanded DACA program eliminates the age limit on DACA and extends the period of DACA authorization from two (2) to three (3) years.

The expanded DACA program goes into effect on February 18, 2015.

On February 11, 2015, USCIS issued guidance regarding the DACA Expansion.  A link to he Frequently Asked Questions (FAQs) is provided below.

Starting February 18, 2015, in order to qualify for DACA under the expanded program, an individual must demonstrate the following:

1. He or she came to the United States prior to their 16th birthday.
2. He or she was physically present in the United States on June 15, 2012 and on the date of submitting the DACA application.
3. He or she did not have lawful immigration status on June 15, 2012 and does not have lawful immigration status at the time of presenting an application for DACA to USCIS.
4. He or she has continuously resided in the United States since January 1, 2010.
5. He or she is currently in school, has graduated from high school, has obtained a General Educational Development (GED) certificate, or is an honorably discharged veteran of the U.S. Coast Guard or Armed Forces of the United States.
6. He or she has not been convicted of a felony, a significant misdemeanor, three or more misdemeanors, and does not otherwise pose a threat to national security or public safety.

Individuals who qualify for this program may file an application for consideration of Deferred Action.  These individuals must pay a filing fee, complete criminal background check (biometrics) and submit proof of eligibility for DACA.  Applications for DACA under the expanded program are available for processing starting February 18, 2015.

An individual approved for DACA under the expanded program will receive an Employment Authorization Document (EAD or Work Card) for a period of three (3) years.  

It is very important to be aware that an approved DACA application does not provide an individual with lawful permanent residence (green card) or U.S. Citizenship.  DACA is simply permission to remain in the United States without fear of deportation for a temporary period of time.

A link to the USCIS FAQs for DACA is available here:

http://www.uscis.gov/humanitarian/consideration-deferred-action-childhood-arrivals-process/frequently-asked-questions

Individuals considering applying for DACA are strongly advised to consult with a licensed and experienced immigration lawyer before submitting a DACA application. In Colorado and most other states, only licensed attorneys or accredited representatives can fill out and file immigration paperwork.  The immigrant community is strongly advised to beware of immigration scams by unlicensed and unscrupulous individuals who claim to be qualified to assist with your application.
Please contact Kolko & Associates, P.C. at (303) 371-1822 to set up a consultation with of our licensed and experienced attorneys to review your case and discuss your eligibility for immigration relief.