• Deferred Action for Childhood Arrivals
  • August 6, 2012
  • Law Firm: Wilner OReilly APLC - Cerritos Office
  • On June 15th, 2012 DHS Secretary Napolitano announced the government's new policy of Deferred Action for undocumented children in the United States.  Today, I participated in a telephone conference hosted by USCIS Director Mayorkas regarding this policy.  Beginning on August 15, 2012, USCIS will begin accepting applications.

    Persons eligible to request consideration for Deferred Action for Childhood Arrivals must: 1.  have entered the United States before the age of 16; 2. Resided continuously in the United States since June 15, 2007 up to the present time; 3. Be under the age of 31 as of June 15, 2012; 4.  Currently in school, have graduated, obtained GED or are honorably discharged from Coast Guard or U.S. Military; and 5. Have not been convicted of felony, serious misdemeanor or three insignificant misdemeanors.  A DUI is considered a significant misdemeanor.

    USCIS is currently developing the form and further instructions.  It will be available no later than August 15, 2012.  The government filing fees will be $465 and will include an application for work authorization.  While a grant of deferred action does not excuse previous immigration violations, persons who are granted deferred action will be eligible to apply for advanced parole; a travel document which allows them to return to the United States after international travel.

    Even persons who are subject to final orders of removal (deportation) are eligible to apply for this relief if otherwise eligible as noted above.

    Director Mayorkas also noted that persons who submit fraudulent applications and/or misrepresent their eligibility will be treated with the highest enforcement priority and subject to criminal prosecution.