Deferred action is but one of several examples of prosecutorial discretion to defer removal action against an individual for a certain period of time. On June 15, 2012, the Department of Homeland Security announced “Deferred Action for Childhood Arrivals” DACA – a deferred action program for certain individuals who came to the United States before the age of sixteen and meet several guidelines. (You may be eligible to apply for DACA while in removal proceedings. You may also be eligible if you have already been ordered removed.) Individuals that meet the requirements are also eligible for work authorization. The grant was originally for two years; however, the President made an announcement on November 20, 2014 extending the period of DACA and work authorization from two years to three.
DACA is renewable and should be renewed BEFORE the initial approval period ends. You should submit your renewal 4 months or 120 days before your current period expires. Look at your approval notice for the expiration date. It is important to renew at the appropriate time so that your work authorization is not affected.
Guirguis Law can assist clients with both their initial DACA applications and DACA renewals. If you would like to discuss your eligibility, please make an appointment with our skilled staff today. There is no consultation fee for DACA consults!
UPDATE: Due to a Federal Court order, USCIS will NOT begin accepting requests for the expansion of DACA on February 18, 2015 as originally planned. The temporary injunction does not, however, affect existing DACA and renewals.