DACA and DAPA | Immigration Attorney Morristown, NJ

Deferred Action

On June 15, 2012, President Barack Obama signed an executive order called the Deferred Action on Childhood Arrivals Act (DACA), which grants individuals brought illegally to the United States as children the ability to seek employment authorization for two years without the threat of deportation.

Deferred action is up to a prosecutor’s discretion – it amount to a choice to defer action to remove an individual from the country. Deferred action does not confer lawful status upon an individual. In addition, although an alien granted deferred action will not be considered to be “accruing unlawful presence” in the United States during the period deferred action is in effect, deferred action does not absolve individuals of any previous or subsequent periods of unlawful presence.

Under existing regulations, an individual who has been granted deferred action is eligible to receive employment authorization for the period of deferred action, provided he or she can demonstrate “an economic necessity for employment.” Deferred action can be terminated at any time at the agency’s discretion or renewed by the agency.

It’s important to know the requirements for deferred action eligibility before you apply.

Age Eligibility

Applicant must be 15-30. (Marriage or children do not disqualify an applicant.)

* Documentation includes: copy of birth certificate and copy of passport.

Entrance To U.S.
Applicant must have entered before the age of 16.
* Documentation includes: financial records, medical records, school records, employment records, & military records.

Physical Presence in The U.S. on June 15, 2012
Applicant must have been physically present in the U.S. on June 15, 2012.
* Documentation includes: correspondence received, school attendance record, verification of job attendance by human resources personnel or office manager, proof of banking transaction, credit card/ATM receipts, medical records, school records, military records, and employment records.

Physical Presence in the U.S. Since June 15, 2007
Applicant must have been present in the U.S. for five years as of June 15, 2012.
* Documentation includes: financial records, medical records, school records, employment records, & military records.

Continuous Residence in U.S.
Applicant must have maintained continuous residence in U.S. (only brief, innocent departures).
* Documentation includes copy of passport reflecting all entry and departure stamps.

Criminal Problems
Applicant must not have been convicted of a felony, one serious misdemeanor, or three or more minor crimes not arising out of same incident.
* A felony is a federal, state, or local criminal offense punishable by imprisonment for a term exceeding one year.
* A significant misdemeanor is a federal, state, or local criminal offense punishable by no more than one year of imprisonment or even no imprisonment that involves: violence, threats, or assault, including domestic violence; sexual abuse or exploitation; burglary, larceny, or fraud; driving under the influence of alcohol or drugs; obstruction of justice or bribery; unlawful flight from arrest, prosecution, or the scene of an accident; unlawful possession or use of a firearm; drug distribution or trafficking; or unlawful possession of drugs.

Academic Requirements
Applicant must be currently enrolled in school, graduated high school, or possess a GED (General Educational Diploma).
* Documentation includes: diplomas, report cards, school transcripts, and GED certificates.

Military Service
If an applicant served in the military, the applicant must have been honorably discharged from the Armed Forces or Coast Guard.
* Documentation includes: report of separation forms, military personnel records, and military health records.

When deciding if you are eligible for deferred action and ought to apply, it’s of the utmost importance that you discuss your case with a trustworthy Immigration Attorney Morristown, NJ and avoid “notario publicos” and other fraudsters.