On June 15th, 2012, President Obama announced that he would begin granting deferred action to qualifying individuals who entered the United States before the age of 16 and did not currently have lawful immigration status. Deferred Action provides legal status to individuals, and allows them to gain work authorization.
Currently, Dreamer deferred action is only valid for two years at a time.
General Criteria:
The basic requirements for DACA eligibility are:
- Be under the age of 31 on June 15, 2012,
- Entered the United States before the age of 16,
- Have continuously resided in the United States since at least June 15, 2007,
- Have no lawful immigration status on June 15, 2012,
- Be present in the United States on June 15, 2012,
- Have graduated from high school (or obtained a GED), and
- Not been convicted of certain criminal actions.
In addition to the requirements above, there are a few technical questions that should be examined before an applicant applies for DACA relief. A competent immigration lawyer can review these eligibility requirements with you.
Frequently Asked Questions:
If DACA is granted, will an Applicant be Able to Work?
Yes. Once the DACA application is approved, the DACA recipient will be eligible to work for two years (as long as work authorization was applied for when the DACA application was sought).
How Long Will Dreamer Deferred Action Last?
An applicant granted DACA will be granted deferred action for two years. After those two years, it will be possible to reapply for another two years. However, Presidential Candidate Mitt Romney has indicated that he will end the DACA program if he is elected President.
Are all Criminal Convictions a Bar to DACA Eligibility?
No. Not all criminal convictions are a bar to DACA eligibility. However, many are, and it is necessary to have an immigration lawyer closely review your case to determine your eligibility before applying.
What if Applicants Left the Country Briefly?
If an applicant previously left the United States, but only for a short time period, he or she may still be eligible for DACA. However, eligibility will be judged on a case-by-case basis.
Application Forms and Process:
The DACA process is mostly paper-based and requires a mailed submission to the USCIS ( the U.S. Immigration Agency). The submission will include at least two immigration forms, documentary evidence of eligibility, and a government filing fee of $465.
Once the application is submitted, the government will provide a receipt notice and schedule the applicant for a biometrics interview. At the biometrics interview, the applicant will be required to provide their fingerprints and have their photo taken.
Free Legal Assistance:
Numerous organizations and entities are providing free legal assistance to Dreamer Deferred Action hopefuls, including:
The New York Immigration Coalition
Although Gafner Law Firm can not endorse the assistance that any of these organizations can or will provide, these organizations will hopefully provide some clarity to those applicants unable to pay for an attorney.
New York Dreamer Deferred Action Lawyer Assistance
If you wish to discuss your situation on an individual basis, please contact a New York DACA lawyer. A qualified immigration lawyer can analysis whether you are eligible to apply, discuss the application process, and provide a list of documents necessary to apply.
Gafner Law Firm can provide such direction during an immigration consultation. If you subsequently decide to retain Gafner Law Firm to guide you through the DACA process, the cost of the immigration consultation will be deducted from the DACA process legal fees.