deferred action

Deferred Action

President Obama signed an Executive Order in 2012 that defers deportation for certain young people who were brought here as youngsters and attended U.S. schools. The Deferred Action status permits DACA recipients to obtain work permits. As of now, the status is valid for two years and is renewable.

Please note that President Obama’s executive order creating DAPA has not gone into effect. It is suspended pending a decision by the courts.

DACA
Under current policy, DACA is limited to those who:
• Were under the age of 31 as of June 15, 2012;
• Came to the United States before reaching their 16th birthday;
• Have continuously resided in the United States since June 15, 2007, up to the present time;
• Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
• Had no lawful status on June 15, 2012;
• Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
• Have not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

DAPA
On November 20, 2014, the President announced a series of executive actions that broadened those eligible for deferred action. The new policy will require certain undocumented immigrants to pass a criminal background check and pay taxes in order to temporarily stay in the U.S. without fear of deportation.
These initiatives include:
Expanding the population eligible for the Deferred Action for Childhood Arrivals (DACA) program to young people who came to this country before turning 16 years old and have been present since January 1, 2010, and extending the period of DACA and work authorization from two years to three years.
Allowing parents of U.S. citizens and lawful permanent residents who have been present in the country since January 1, 2010, to request deferred action and employment authorization for three years, in a new Deferred Action for Parents of Americans (DAPA) and Lawful Permanent Residents* program, provided they pass required background checks
Expanding the use of provisional waivers of unlawful presence to include the spouses and sons and daughters of lawful permanent residents and the sons and daughters of U.S. citizens.
Promoting citizenship education and public awareness for lawful permanent residents and providing an option for naturalization applicants to use credit cards to pay the application fee.

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