In 2012, the federal government implemented DACA, a legal act, for persons who came to the United States as children and meet certain criteria. DACA provides deferred action for two years and can be renewed thereafter.
Deferred action is a form of prosecutorial discretion in which undocumented immigrants are not removed from the U.S. or deported during the time they qualify for the deferred action. If a person qualifies for relief under DACA they may be eligible for work authorization but the relief does not provide lawful status in the U.S. So DACA is not a pathway to permanent residency or U.S. citizenship.
In September 2017, the DACA act was rescinded by Congress, however, a recent injunction in January 2018 by a federal court order has allowed the United States Citizenship and Immigration Service (USCIS) to continue to receive petitions from person renewing their DACA status.
As a result of the rescission by Congress, Persons petitioning for the first time will not be considered until further notice by a federal court or until Congress reenacts DACA.
As a result of the changes made in 2017, the USCIS does not currently accept petitions from new applicants. Only person who have previously been approved for the deferred action may renew their petition.
Eligibility requires the following:
As of January 2018, only persons seeking renewal of their deferred action status may apply. In applying, several documents may be required to prove one’s identity and presence in the U.S. After compiling these documents, follow these steps:
Immigration laws frequently change in the United States and the DACA program is currently undergoing changes. Thus, a qualified immigration lawyer is recommended in assisting you with your DACA petition and any other immigration options that may be available to you.
Last Modified: 05-23-2018 02:03 AM PDTLaw Library Disclaimer
We've helped more than 4 million clients find the right lawyer – for free. Present your case online in minutes. LegalMatch matches you to pre-screened lawyers in your city or county based on the specifics of your case. Within 24 hours experienced local lawyers review it and evaluate if you have a solid case. If so, attorneys respond with an offer to represent you that includes a full attorney profile with details on their fee structure, background, and ratings by other LegalMatch users so you can decide if they're the right lawyer for you.